California AB 1803: What Employers Need to Know About New Anti-Hate Speech Training Requirements
California employers will face a new harassment prevention training requirement beginning January 1, 2028.
Under AB 1803, employers subject to California’s existing harassment prevention training law must incorporate anti-hate speech training into their programs. The law does not create a separate training requirement or increase the current one- and two-hour training requirements.
For employers, the headline is only part of the story. The more important question is what AB 1803 changes within existing harassment prevention training, and whether the training employees and supervisors receive today already addresses some of what the new law will require.
At SHIFT, our employment law and product teams are already reviewing AB 1803 with that question in mind. Here’s what employers should know about the new requirement, where existing training may already align, and what to consider before the law takes effect.
California AB 1803 expands the state’s existing harassment prevention training requirements to include practical guidance on recognizing, reporting, and confronting workplace speech targeting protected characteristics, beginning January 1, 2028. Here’s a quick look at what employers need to know:
California Assembly Bill 1803 expands the state’s existing harassment prevention training requirements to include anti-hate speech training.
Governor Gavin Newsom signed AB 1803 into law on September 27, 2026. Beginning in 2028, covered employers will need to provide employees and supervisors with practical guidance on recognizing, reporting, and confronting workplace speech that vilifies, humiliates, or incites hatred against individuals based on characteristics protected under California’s Fair Employment and Housing Act (FEHA).
The requirement becomes part of the harassment prevention training California employers already provide under Government Code Section 12950.1. For employers, preparing for AB 1803 will begin with understanding what their current training already covers and where changes may be needed.
AB 1803 requires California harassment prevention training to provide practical guidance on recognizing, reporting, and confronting workplace speech that targets individuals based on FEHA-protected characteristics. Here’s a closer look at what the new requirement covers:
AB 1803’s anti-hate speech training requirement begins January 1, 2028. That gives employers more than a year to review existing training programs and make any necessary updates.
Employers should pay particular attention to training that will be delivered on or after the effective date. A course that satisfies California’s requirements today may need additional content to satisfy the requirements that apply beginning in 2028.
AB 1803 builds on California’s existing harassment prevention training requirements.
Under current California law, employers with five or more employees must provide harassment prevention training to supervisory and nonsupervisory employees in California. Supervisors must receive at least two hours of training, while nonsupervisory employees must receive at least one hour. Training generally must be provided within six months of an employee assuming a covered position and once every two years thereafter.
The five-employee threshold includes employees working outside California. For example, a company with four employees in Arizona and two in California meets the threshold and must provide the required harassment prevention training to its California employees.
Because AB 1803 adds its requirements to this existing framework, employers already subject to California’s harassment prevention training law will need to account for the new content beginning in 2028.
AB 1803 requires harassment prevention training to provide practical guidance on recognizing, reporting, and confronting certain workplace speech directed at individuals based on FEHA-protected characteristics.
The statute describes the covered speech as workplace speech that “vilifies, humiliates, or incites hatred” against individuals based on those protected characteristics.
Those words establish the subject matter employers will need to address. The practical question is how that content translates into training employees and supervisors can understand and use.
Employers reviewing their programs should look at how training addresses workplace speech involving protected characteristics, including discriminatory comments, slurs and stereotypes. The review should also consider whether employees understand when workplace speech raises a concern and what reporting options are available.
Supervisors need another layer of preparation. They may hear a concerning comment themselves, have an employee tell them what happened, or learn about an incident indirectly. Training should help them understand their responsibilities under the employer’s policies and when a concern needs to be reported or escalated.
These are practical training considerations rather than additional requirements spelled out in AB 1803. Employers should evaluate their programs based on the statutory requirements as well as their own policies and procedures.
California’s Civil Rights Department identifies the following characteristics as protected under the Fair Employment and Housing Act (FEHA):
AB 1803 ties the new training requirement to characteristics protected under California Fair Employment and Housing Act (FEHA). California Government Code § 12940(a) identifies protected characteristics in connection with unlawful employment discrimination.
California law also protects employees from discrimination based on a combination of protected characteristics.
This breadth matters when employers review their existing programs. Harassment prevention training that focuses heavily on sexual harassment may not give employees enough context for recognizing concerns involving other protected characteristics or understanding how those concerns can surface in everyday workplace interactions.
AB 1803 gives employers another reason to look closely at the range of conduct, examples, and scenarios their training addresses.
No. Employers are not required to provide a stand-alone anti-hate speech course.
AB 1803 allows the new material to be incorporated into the harassment prevention training employers already provide.
This may make implementation more straightforward for organizations with comprehensive California programs. It also makes reviewing the substance of those programs important. Employers should know where the required concepts appear in the course and how they are addressed.
Potentially.
AB 1803 provides that training can satisfy the new anti-hate speech requirement when it includes information about the prohibition against unlawful harassment and the prevention of abusive conduct based on FEHA-protected characteristics.
Some employers may already have training that addresses much of the required subject matter. Others may find that their programs discuss abusive conduct generally or focus primarily on sexual harassment without sufficiently addressing workplace speech involving other protected characteristics.
This is one reason employers should review the actual training rather than rely on a course title or general description of its content.
When reviewing an existing California harassment prevention course, consider:
These questions can help employers identify where their current training already aligns with AB 1803 and where additional content may be needed before January 1, 2028.
AB 1803 does not change FEHA’s underlying legal standard for determining whether workplace conduct constitutes unlawful harassment. Training should continue to distinguish between conduct that may violate workplace expectations or employer policy and conduct that may rise to the level of unlawful harassment.
That distinction matters in practice. Employees should not have to determine whether conduct meets a legal threshold before raising a concern. Supervisors likewise need to know what to do when something comes to their attention without trying to make their own legal determination about whether harassment has occurred.
Employers subject to California’s harassment prevention training requirements have time to prepare for AB 1803.
Before the new requirement takes effect, consider these steps:
California’s harassment prevention training requirements continue to evolve. SHIFT’s harassment and discrimination training is developed by employment law attorneys who track changes in workplace requirements and work closely with our product team to translate those changes into practical, effective training.
Our legal and product teams are already reviewing AB 1803 and its impact on California harassment prevention training. As the January 1, 2028 effective date approaches, SHIFT’s California training will be updated as needed to reflect the new requirements.
Have questions about AB 1803 or California harassment prevention requirements? Contact us to discuss the regulation, your training approach, or other compliance considerations.
AB 1803 is a California law that expands the state’s existing harassment prevention training requirements. Beginning in 2028, covered employers must include anti-hate speech training as part of their required harassment prevention training.
The new training requirement takes effect January 1, 2028.
AB 1803 applies through California’s existing harassment prevention training framework. Employers with five or more employees are currently required to provide harassment prevention training to supervisory and nonsupervisory employees in California.
No. Employers may incorporate the required anti-hate speech content into their existing California harassment prevention training.
No. The existing minimum requirements remain at one hour for non–supervisory employees and two hours for supervisors. AB 1803 adds required subject matter within the existing training framework.
The training must provide practical guidance on recognizing, reporting, and confronting workplace speech that vilifies, humiliates, or incites hatred against individuals based on characteristics protected under FEHA.
The requirement applies to FEHA-protected characteristics, which include:
It may. AB 1803 provides that training can satisfy the requirement when it includes information about unlawful harassment and the prevention of abusive conduct based on FEHA-protected characteristics. Employers should review their actual course content to determine whether updates will be needed before January 1, 2028.
Yes. California counts employees both inside and outside the state when determining whether an employer meets the five-employee threshold for mandatory harassment prevention training.
For example, an employer with four employees in Arizona and two in California meets the threshold and must provide the required California training to its California-based employees. Beginning January 1, 2028, that training must also address AB 1803’s anti-hate speech requirements.
California AB 1803 adds a new component to the state’s existing harassment prevention training requirements. Key points for employers include: