California’s new anti-bullying law, which became effective in that state at the beginning of 2015, may be a precursor to other states enacting similar statutes.  The law requires that all California employers with 50 or more employees (that already are required to provide sex harassment training to their employees) add new training for supervisors to prevent “abusive conduct” in the workplace.  The new law mandates training of supervisors only and does not create a private right of action.  Many commentators believe, however, that a private right of action may be added by the legislature later.  Others also suggest that enterprising plaintiff lawyers may argue that the state’s public policy now prohibits “abusive conduct” in the workplace, and that “bullying” and “abusive conduct” should be added as a public policy exception to employment at will within the state.

Under the statute, “abusive conduct” is defined as conduct of an employer or employee, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.  The conduct may include verbal abuse such as the use of derogatory remarks, insults, and epithets, verbal 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.