BILL ANALYSIS Ó AB 2053 Page 1 Date of Hearing: April 23, 2014 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Roger Hernández, Chair AB 2053 (Gonzalez) - As Introduced: February 20, 2014 SUBJECT : Employment discrimination and harassment: education and training: abusive conduct. SUMMARY : Amends existing law related to sexual harassment training to include prevention of "abusive conduct," as specified. Specifically, this bill : 1)Requires existing training and education regarding sexual harassment to include prevention of "abusive conduct" as a component of the training and education. 2)Defines "abusive conduct" to mean conduct of a an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance. 3)Specifies that a single act shall not constitute abusive conduct, unless especially severe or egregious. EXISTING LAW : 1)Requires an employer with 50 or more employees to provide at least two hours of classroom or other effective interactive training an education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position. 2)Requires an employer to provide sexual harassment training and education to each supervisory employee once every two years. FISCAL EFFECT : Unknown COMMENTS : According to the author, numerous studies have shown that abusive work environments can have serious effects on AB 2053 Page 2 targeted employees, including feelings of shame and humiliation, stress, loss of sleep, severe anxiety, depression and many other stress-related disorders and diseases. The effects of workplace bullying are not limited to the employees. Employers suffer too. Abusive work environments can reduce productivity and morale, which may lead to higher absenteeism rates, frequent turnover, and even increases in medical and workers' compensation claims. The author states that current laws already protect employees from abusive treatment at work on the basis of race, color, sex, national origin, and age. However, "bullying" does not always qualify under any of these categories, and targeted workers remain vulnerable. This bill aims to prevent workplace bullying by requiring the inclusion of training and education of "abusive conduct" to the already required sexual harassment training that every supervisor of entities with more than 50 employees has to go through every two years. The requirement to provide two hours of sexual harassment training and education to supervisory employees in California was enacted as part of AB 1825 (Reyes) from 2004. ARGUMENTS IN SUPPORT : This measure is sponsored by the California Teamsters Public Affairs Council, which states that abusive work environments are unfortunately a growing epidemic throughout the nation. A recent Zogby poll reported that 27 percent of Americans have suffered abusive conduct in the workplace. Another 21 percent have witnessed it. The toll is staggering. This type of conduct leads to dramatic increases in stress in the workplace, higher rates of absenteeism, and increased turnover. For employers, these statistics mean decreased productivity and higher costs. Some studies have estimated that the financial cost of workplace abuse is as much as $200 billion annually. The sponsor argues that this bill takes a measured approach to the problem. Rather than being punitive, the bill seeks to prevent this from happening in the first place by educating managers. Moreover, it couples this education with sexual harassment training as it is not uncommon for the two problems to occur hand in hand. AB 2053 Page 3 ARGUMENTS IN OPPOSITION : The California Association for Health Services at Home states that nothing prevents an employer from incorporating into existing harassment programs further training relative to abusive conduct. However, if enacted, this bill would increase employer costs through the establishment of a new employer mandate. REGISTERED SUPPORT / OPPOSITION : Support American Federation of State, County and Municipal Employees California Conference of Machinists California Conference of the Amalgamated Transit Union California Labor Federation, AFL-CIO California Teamsters Public Affairs Council Engineers & Scientists, Local 20 International Longshore and Warehouse Union, Coast Division Professional & Technical Engineers, Local 21 UNITE HERE Utility Workers Union of America, Local 132 Opposition California Association of Health Services at Home Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091