Client News Briefs

AB 2053 Requires "Abusive Conduct Prevention" Component be Added to Sexual Harassment Prevention Training for Supervisors

September 2014
Number 69

Assembly Bill (AB) 2053 amends Government Code section 12950.1 effective January 1, 2015 to require that abusive conduct prevention be included in sexual harassment prevention training. Under Government Code section 12950.1, employers with 50 or more employees are required to provide at least two hours of sexual harassment prevention training to supervisory employees. Employers must provide this training within six months of the date the employee assumes the supervisory position and, afterwards, once every two years. Public agencies, including school districts, are subject to the requirements of Government Code section 12950.1.

AB 2053 defines "abusive 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." The "[a]busive conduct may include repeated infliction of verbal abuse 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." Finally, the bill specifies that "[a] single act shall not constitute abusive conduct, unless especially severe and egregious."

Public agencies should review their sexual harassment prevention policies and training materials to ensure compliance with these new requirements. Lozano Smith provides sexual harassment prevention training for supervisors and has updated our training materials to meet the requirements of AB 2053. If you have questions regarding AB 2053 or how its requirements impact your agency, please contact one of our eight offices located statewide. You can also visit our website, follow us on Facebook or Twitter, or download our Client News Brief App.

As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.