BILL ANALYSIS Ó
AB 2053
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2053 (Gonzalez) - As Introduced: February 20, 2014
Policy Committee: LaborVote:7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill amends existing law to include prevention of abusive
conduct in sexual harassment training. 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 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 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 a single act shall not constitute abusive conduct,
unless especially severe or egregious.
FISCAL EFFECT
Minor costs to update existing sexual harassment training.
Minor/absorbable costs to Department of Fair Employment and
Housing related to enforcement of this measure.
COMMENTS
1)Purpose. Current law requires an employer with 50 or more
employees to provide, every two years, at least two hours of
classroom or other effective interactive training and
education regarding sexual harassment to all supervisory
AB 2053
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employees within six months of their assumption of a
supervisory position. The sponsors of the bill, the
California Teamsters Public Affairs Council, aim to prevent
workplace bullying by requiring the inclusion of training and
education regarding abusive conduct to existing harassment
training. Rather than being punitive, they contend the bill
seeks to prevent harassment from happening in the first place
by educating managers. Moreover, it combines this education
with sexual harassment training as it is not uncommon for the
two problems to occur hand in hand.
2)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.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081