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Workplace Abusive Conduct Training (AB 2053) – Fact Sheet

iAB 2053 (Lorena Gonzalez, D-San Diego) requires employers to add training on prevention of abusive conduct in the workplace to already-required bi-annual supervisor training on prevention of sexual harassment. 

Who is covered by AB 2053?

Existing law requires employers of 50 or more employees to provide at least two hours of training on prevention of sexual harassment (and now abusive workplace conduct) within six months of assuming a supervisory position and at least every two years thereafter.

What Does AB 2053 Do?

·         AB 2053 requires covered employers to provide training to supervisors on prevention of abusive workplace conduct in the course of providing already-required sexual harassment training.

·         AB 2053 defines abusive workplace conduct as: “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 use of derogatory remarks, insults, epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or gratuitous sabotage or undermining of a person’s work performance.  A single act shall not constitute abusive conduct, unless especially severe and egregious.” 

How Will AB 2053 Work?

By combining abusive workplace conduct training with sexual harassment training required bi-annually for supervisors, the bill’s supporters hope it will improve awareness of, understanding of, and discourage abusive workplace conduct.

Complying with AB 2053

·         Employers will satisfactorily comply with AB 2053 by adding required abusive workplace conduct training to required sexual harassment training.
·         AB 2053 does not specifically prohibit abusive workplace conduct, nor does it give employers responsibility to prevent it, nor classify victims of abusive workplace conduct as a protected class under California civil rights law.