But with a growing national movement against bullying, of which AB is a part, it would not be a surprise to see similar legislation enacted for the workplace.
On top of the potential legal pitfalls of bullying wherever bullying is associated with a protected characteristicemployers should consider both the monetary and non-monetary costs of workplace bullying.
Grappling With the Future In California, to date, most of the substantive anti-bullying laws have focused on schools.
While the law does not require anti-bullying policies, addressing bullying conduct can help employers demonstrate that they have made good-faith efforts to prevent harassment or discrimination stemming from bullying.
Accordingly, it is wise for employers to get ahead of the curve and consider implementing: Critics say the law has no teeth, because it is not linked to a protected category such as age, gender, religion, or race.
California employers need to know their rights and responsibilities to avoid getting into a headlock when it comes to bullying in the workplace.
And the new law does not give employees a right of action to sue for bullying—at least not yet! As we laud these efforts, we should not forget that bullying extends beyond playgrounds and schools into the workplace.
WWE recently introduced a new type of tag team partnership: Bullying not only creates a potentially intimidating workplace and can prompt workplace violence; it also creates costs in terms of employee turnover, training, and absenteeism.
This comes on the heels of the White House sponsoring a movement against bullying.
Employers should also remember the effects an anti-bullying policy will have on their discipline and performance improvement policies. That may mean weaving in details when writing up an employee or even revising the discipline sections to include incidents of bullying.
The new law takes aim at abusive conduct in the workplace by requiring employers with 50 or more employees to include, as part of their sexual harassment training, a section on preventing abusive conduct and workplace bullying.Seth’s Law requires public schools in California to update their anti-bullying policies and programs, and it focuses on protecting students who are bullied based on their actual or perceived sexual orientation and gender identity/gender expression, as well as race, ethnicity, nationality, gender, disability, and religion.
Visit the California Department of Education’s “Bullying and Hate-Motivated Behavior Prevention” webpage. The key component framework used in the analysis of state laws is based on the review of legislation presented in the “ Analysis of State Bullying Laws and Policies – December ” (U.S.
Department of Education). Editorial Board Positions on Issues DOE For ‘Grossly Inadequate’ Anti-Bullying Policies. and did not properly equip students with due process rights to be compliant with federal law. California already has several laws in place to protect children from being bullied, including the California Safe Place to Learn Act located in the California Education Code §(b) which ensures “local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and.
One of the recent additions to California workplace laws requires addition of the prevention training for “abusive conduct” – bullying – to supervisors’ mandatory sexual harassment avoidance training. California law even specifies the duration and content of anti-bullying training mandated for employers.
Bullying is defined as the repeated, malicious, health-endangering verbal and non-verbal mistreatment of one employee by one or more other employees.Download