On September 9, 2014, Governor Jerry Brown signed two bills that affect employers in California.
Abusive conduct. AB 2053 requires employers to include prevention of “abusive conduct” as a component of the sexual harassment training that certain employers are already required to provide under California law (often referred to as AB 1825 training).
Under the new law, “abusive conduct” is workplace conduct that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Examples include repeated verbal abuse, derogatory remarks, threatening conduct, and the “gratuitous sabotage or undermining of a person’s work performance.” A single act shall not constitute abusive conduct, unless especially severe and egregious.
Interns and volunteers. The second bill, AB 1443, makes it unlawful for any person, including employers, to discriminate against in the selection, termination, or training of unpaid interns on the basis of any of the protected characteristics that apply to job applicants or employees (i.e., race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status). The new law also protects unpaid interns and volunteers from unlawful harassment on the basis of a protected characteristic.
Both laws take effect January 1, 2015. Covered employers should check to be sure their harassment prevention training is updated to meet the new requirements. Detailed information on the laws will be provided in upcoming newsletters and reports.
For more updates and a full list of upcoming compliance deadlines for California employers, visit our California Employer Advisor Compliance Calendar.
Will there be any guidance on exactly how to address prevention of abusive conduct?
Hi Barb – Great question! There’s no indication in the law that guidance will be issued – which is a problem for employers because, as you’ve likely noticed, there aren’t many specifics in the law itself regarding required content. Until additional information is available, employers should make sure that the section on abusive conduct they add to their harassment prevention training includes the definitions contained in the law. If an employer has a professional conduct/workplace conduct policy, trainees should be provided with a copy of that as well.