Disclaimer: The following article is provided for informational and educational purposes only and does not constitute legal advice. The legislative landscape is rapidly evolving, and the application of these laws depends on the specific facts of each business. Employers should consult with qualified legal counsel before making any policy changes or employment decisions based on this information.
Current Status Assembly Bill 1803 was introduced in February 2026 and is currently pending in the Assembly Labor and Employment Committee and the Judiciary Committee.
Employment Litigator Comments Litigators view AB 1803 as a constitutional and practical minefield. The definition of “hate speech” in a private workplace setting is inherently subjective. Litigators warn that enforcing ambiguous, state-mandated speech codes places employers at severe risk of infringing upon protected concerted activity under the National Labor Relations Act (NLRA) or violating employees’ First Amendment-adjacent religious expression rights. Employers will be trapped between FEHA compliance and civil rights retaliation claims.
Business Community Comments Business advocates express serious concern that the regulatory ambiguity of AB 1803 places an impossible policing burden on human resources departments. Employers, particularly faith-based and minority-owned enterprises, argue that the state is forcing them to act as arbiters of highly complex, volatile socio-political speech. The business community warns that this mandate will increase workplace friction and lead to weaponized HR complaints over subjective political disagreements.
Nuts and Bolts of the Requirements Current law requires employers with 50 or more employees to provide two hours of sexual harassment training for supervisors and one hour for general employees. AB 1803 amends Section 12950.1 of the Government Code to explicitly mandate that this required training must now include a specific component dedicated to “anti-hate speech” training and education.
Compliance Guidance
If enacted, employers must completely overhaul their existing mandatory training modules. HR departments will need to source or develop new curricula that integrate the state-approved anti-hate speech components. Furthermore, employers must ensure that their internal reporting mechanisms for hate speech mirror those used for sexual harassment, and that HR personnel are trained to investigate these highly subjective complaints impartially.
Why You Need to Work With a Business Attorney Because of This Bill
If this bill passes, a business attorney will be critical to navigating the treacherous overlap between anti-harassment law and protected speech. Counsel can help prepare your business by meticulously reviewing all customized training materials to ensure they comply with the new statutory mandates without unlawfully infringing on your employees’ legally protected rights. Furthermore, an attorney can guide your HR team through the inevitable investigations into alleged “hate speech,” ensuring you do not trigger wrongful termination or NLRA lawsuits.