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Effective January 1, 2026, SB 303 will add a section to the Government Code to address disclosures made during employer-sponsored “bias mitigation or bias elimination training, education, and activities” provided “for the purpose of educating employees on understanding, recognizing, or acknowledging the influence of conscious and unconscious thought processes and their associated impacts.”
Specifically, the new law provides that if an employee admits or acknowledges their own conscious or unconscious biases when participating in bias training, such disclosures do not, in and of themselves, constitute unlawful discrimination. The intent of the legislation is to allow employers to develop and implement robust bias-awareness training without fear that the very purpose of such training—promoting honest self-assessment and recognition of express or implicit biases—will not create a new avenue for potential liability.
It is important to note, however, that this protection applies only when such statements are made in good faith as part of a legitimate employer training or education program, and it does not shield an employer or employee from liability based on actual discriminatory, harassing, retaliatory, or otherwise unlawful conduct. As such, it is recommended that employers consult with counsel as to existing and future bias training programs and policies.
JMBM’s Labor & Employment attorneys counsel businesses and management on workplace issues, helping to establish policies that address problems and reduce job-related lawsuits. We act quickly to resolve claims and aggressively defend our clients in all federal and state courts, before the Department of Labor, the NLRB, and other federal, state and local agencies, as well as in private arbitration forums. We represent employers in collective bargaining negotiations and arbitration. If you have questions or need guidance on how these changes may affect your business, please contact a JMBM attorney.
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