California Assembly Bill (AB) 1803 Establishes New Anti-Hate Speech Training Requirement for Employers
California Assembly Bill (AB) 1803 establishes a new hate speech training requirement for employers that are already subject to the state’s harassment prevention training mandate. The new requirement takes effect on January 1, 2028.
On September 27, 2026, California Governor Gavin Newsom signed a new law that amends the state’s existing harassment prevention training requirements for covered employers. Under Assembly Bill (AB) 1803, covered employers will be required to include training that addresses anti-hate speech beginning on January 1, 2028.
AB 1803 Will Require Employers Covered Under FEHA to Provide Anti-Hate Speech Training
AB 1803 amends Government Code Section 12950.1, which applies to California employers with five or more employees. Under Section 12950.1, which is part of California’s Fair Employment and Housing Act (FEHA), covered employers are required to provide at least two hours of harassment training to all supervisory employees and at least one hour of harassment training to all nonsupervisory employees every two years. Additionally, new supervisory employees must receive their initial training within six months of assuming their supervisory position, and new nonsupervisory employees must receive their initial training within six months of being hired.
Under AB 1803, covered employers will be required to include anti-hate speech in these mandatory training programs. Specifically, it provides:
“Beginning January 1, 2028, an employer shall also include anti-hate speech training as a component of the training and education specified in paragraph (1) [of Section 12950.1]. Anti-hate speech training shall provide supervisors and employees with practical guidance on recognizing, reporting, and confronting workplace speech that vilifies, humiliates, or incites hatred against people based on the protected characteristics listed in subdivision (a) of Section 12940.”
Section 12940 is also part of FEHA. Subdivision (a) lists the protected characteristics that covered employers are prohibited from considering when taking adverse employment actions.
AB 1803 does not extend the duration of covered employers’ required training programs or establish any standalone training obligations. Instead, it allows covered employers to include the required anti-hate speech training within their existing harassment training programs. AB 1803 also specifically provides that training programs that include, “information about the prohibition against unlawful harassment and prevention of abusive conduct that is based on an individual’s protected characteristics listed in subdivision (a) of Section 12940,” will satisfy the anti-hate speech training requirement.
Key Takeaways for Covered Employers
Before AB 1803 takes effect, California employers that are covered under FEHA should work with their employment counsel to review their harassment training programs and determine whether additional content is needed based on the new anti-hate speech training requirement. If so, covered employers should also work with their employment counsel to ensure that their training programs meet AB 1803’s requirements by the statutory deadline.
Our firm works with employers covered under FEHA to comprehensively address their compliance obligations. Contact us if you would like more information.