BILL ANALYSIS Ó
AB 2053
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ASSEMBLY THIRD READING
AB 2053 (Gonzalez)
As Introduced February 20, 2014
Majority vote
LABOR & EMPLOYMENT 7-0 APPROPRIATIONS 14-3
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|Ayes:|Roger Hernández, Grove, |Ayes:|Gatto, Bocanegra, |
| |Alejo, Chau, Gorell, | |Bradford, |
| |Holden, | |Ian Calderon, Campos, |
| |Ridley-Thomas | |Eggman, Gomez, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Bigelow, Donnelly, Jones |
| | | | |
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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 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 :
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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 : According to the Assembly Appropriations
Committee, this bill will result in minor costs to update
existing sexual harassment training. In addition, the bill will
result in minor and absorbable costs to Department of Fair
Employment and Housing related to enforcement of this measure.
COMMENTS : According to the author, numerous studies have shown
that abusive work environments can have serious effects on
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.
Supporters argue 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.
The California Association for Health Services at Home opposes
this bill and states that nothing prevents an employer from
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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 : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0003313