2026 California Employment Law Update: Bias Mitigation Training
SB 303, signed into law on October 1, amends the California Fair Employment and Housing Act (FEHA), adding Cal. Gov. Code 12940.2.
What employers need to know
The bill purports to provide protection for employees who participate in bias training. It provides that an employee’s assessment, testing, admission, or acknowledgment of their own personal bias that was made in good faith and solicited or required as part of a bias mitigation training does not, by itself, constitute unlawful discrimination.
The intended effect of this bill is thus to encourage employers to conduct, and employees to participate in, bias mitigation training.
What employers should consider
Employers should continue to conduct all necessary and required harassment and discrimination training. To the extent such training involves bias mitigation, the bill now provides additional protection.
If you have further questions about Assembly Bill 303, Maynard Nexsen's Labor & Employment law team stands ready to help.
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