In 2024, California adopted a definition of abusive conduct in the workplace under Government Code Section 12950.1. While intended to address workplace bullying, the inclusion of the phrase "with malice" has rendered the law ineffective.
This petition calls on California legislators to sponsor legislation removing those two words—so the law reflects the reality of workplace abuse and offers meaningful protection to workers.
Workplace bullying is not defamation.
It is not about false publication.
It is not overt, obvious, or easy to prove.
Bullying is often covert, cumulative, and psychological. Requiring a legal standard of "malice" imposes a burden that does not align with how abuse actually occurs, leaving workers without relief or accountability.
The inclusion of the phrase "with malice" imposes a legal standard rooted in defamation law—requiring proof of knowingly false publication—which does not reflect how workplace bullying occurs.
As a result:
Abusive conduct is effectively excluded
Targets of bullying cannot meet the legal threshold
The law provides the appearances of protection without substance
51% of workers being directly affected by workplace bullying
(Workplace Bullying Institute 2024)
Targets experience severe stress-related illness, financial harm, and career obstruction
Requiring training fail to address "with malice" at all, undermining the statute's intent
California can—and must—do better.
Help ensure California law protects workers from abusive conduct as it actually exists.