Another Topic for the California Employee Training Agenda: Anti-Hate Speech
The training clock is not getting longer, but the agenda is. California employers will have another topic to cover in mandatory workplace training, as AB 1803 requires anti-hate speech content in required sexual harassment prevention training. Beginning January 1, 2028, employers must devote a portion of the existing training time to practical guidance on recognizing, reporting, and confronting certain workplace speech directed at individuals based on characteristics protected by California law.
What are California’s Existing Training Requirements?
California employers with five or more employees must provide sexual harassment prevention training to their California workforce. Supervisors must receive at least two hours of training, while nonsupervisory employees must receive at least one hour. New employees generally must complete this training within six months of hire; new supervisors must complete it within six months of assuming a supervisory position. Shorter deadlines apply to certain seasonal and temporary employees. Employees generally must repeat the training every two years.
The required training already covers more than sexual harassment. Training must address abusive conduct and harassment based on gender identity, gender expression, and sexual orientation, as well as practical guidance on preventing harassment, discrimination, and retaliation. Employers may provide the training themselves or direct employees to the California Civil Rights Department’s online courses. AB 1803 adds another subject to this growing list.
What Does AB 1803 Change?
AB 1803 requires existing training programs to provide practical guidance on recognizing, reporting, and confronting workplace speech that “vilifies, humiliates, or incites hatred” against individuals based on characteristics protected under the California Fair Employment and Housing Act. These characteristics include race, religion/creed, national origin, ancestry, disability, medical condition (including cancer and genetic characteristics), sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender, gender identity, gender expression, age, sexual orientation, reproductive health decision-making, military or veteran status, age, and marital status.
Under the law, employers may fit the new anti-hate speech material into the existing training time requirements. Training may satisfy the new requirement if it covers both the prohibition against unlawful harassment and the prevention of abusive conduct based on protected characteristics. As a result, some existing training programs may already cover part or all the required material.
While AB 1803 changes the training requirements, it does not change the legal standard for unlawful harassment. Employers should distinguish between speech that is inappropriate or violates company policy and conduct that also may constitute unlawful harassment.
What Should California Employers Do Next?
Employers should review the substance of their harassment prevention courses rather than assume that existing programs comply. Training delivered on or after January 1, 2028, should:
- Align course content with the employer’s harassment policy, complaint process, and internal reporting options;
- Explain how employees and supervisors should identify and respond to potentially hateful workplace speech, including the supervisor’s duty to report misconduct; and
- Use realistic examples involving speech directed at employees based on the range of characteristics protected by California law.
Employers using outside vendors should ask when updated materials will be available. Those relying on the Civil Rights Department’s online courses should monitor the agency for revisions. Employers should also document that the required content was included, although AB 1803 does not establish separate recordkeeping requirements for the new component.
California employers should contact their Vorys employment counsel for assistance updating their harassment prevention training and related policies to ensure compliance.
