California businesses with 50 or more employees are already required to train supervisors on sexual harassment. requires that training must now include education on preventing “abusive conduct” in the workplace, even if the conduct is not based on prohibited discrimination or harassment.
The new Code defines abusive conduct as malicious conduct “that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.” Although A.B. 2053 provides that a single act is not abusive “unless especially severe and egregious,” its list of conduct that may be abusive is expansive and includes:
- Infliction of verbal abuse, such as the use of derogatory remarks
- Insults, Epithets
- Verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating
- Gratuitous sabotage or undermining of a person’s work performance
Like AB1825, supervisory employees must receive at least two hours of this enhanced anti-harassment training in an interactive format every two years.
We recommend to our clients, regardless of size, they provide AB2053 and AB1825 training every two years to all employees as proactive measure to reduce potential claims and lawsuits.