California Government Code §12950.1 defines abusive conduct as:
"Workplace conduct, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests."
This definition was added as part of SB 2053 and incorporated into mandatory sexual harassment training under Assembly Bill 2503.
For purposes of this section, “abusive conduct” means 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.
We ask California legislators to sponsor and support legislation removing the phrase "with malice" so that abusive conduct can be addressed based on behavior, impact, and context—not an inapplicable legal standard.