California Includes Anti-Hate Speech in Harassment Prevention Training Requirements
Assembly Bill (AB) 1803 requires California employers to expand their mandatory harassment prevention training to include “anti-hate” speech. Though the new requirements take effect January 1, 2028, employers should begin updating their training programs now to ensure compliance by the effective date.
Current California Harassment Training Requirements
California employers with five or more employees must provide harassment prevention training every two years. The required training must address sexual harassment, prevention of abusive conduct, and harassment based on gender identity, gender expression, and sexual orientation.
- Supervisory employees must receive at least two hours of training every two years. New supervisory employees must receive the required training within six months of assuming the supervisory position.
- Nonsupervisory employees must receive at least one hour of training every two years, which must occur within six months of hire.
What Does AB 1803 Require?
Covered employers will be required to provide practical guidance on recognizing, reporting, and confronting workplace speech that “vilifies, humiliates, or incites hatred” against individuals based on characteristics protected by the California Fair Employment and Housing Act (FEHA). Employers may incorporate the new material into their existing harassment prevention training.
While AB 1803 modifies California’s training requirements, it does not change the legal standard for determining whether workplace conduct constitutes unlawful harassment under the FEHA. Employers should therefore ensure that training distinguishes between conduct that may violate workplace policies and conduct that may constitute unlawful harassment.
What Should Employers Do Now?
Before January 1, 2028, California employers should review their training programs (developed by a third-party or internally) to confirm the training:
- Addresses workplace speech related to the FEHA-protected characteristics;
- Provides guidance for identifying, reporting, and responding to such conduct;
- Identifies supervisors’ obligations;
- Includes trainers that have sufficient knowledge of AB 1803’s requirement; and
- Provides employers with records documenting that the anti-hate speech component was included.
