Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__157898AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-12</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-04-06</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1578</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Jackson</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Jackson</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 12950.1 and 53237.1 of the Government Code, relating to public officials. </ns0:Title>
<ns0:RelatingClause>public officials</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>State and local officials: sexual harassment training and education: anti-hate speech training.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer’s knowledge. Under existing law, the Civil Rights Department administers these provisions. Existing law requires a specified employer with 5 or more employees to, by January 1, 2021, provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires an employer
to include prevention of abusive conduct as a component of that training and education.</html:p>
<html:p>This bill would additionally require, beginning on January 1, 2028, for an employer that is a state agency or local agency that the above-described training and education include, as a component of the training and education for elected officials, anti-hate speech training.</html:p>
<html:p>Existing law requires an employee who has received the above-described training and education within the prior 2 years as specified, to be given, and be required to read and to acknowledge receipt of, the employer’s anti-harassment policy within 6 months of assuming the employee’s new position. Existing law requires the employee then be put on a 2-year tracking schedule based on the employee’s last training. Under existing law, the current employer has the burden of establishing that the prior training was legally compliant with the act.</html:p>
<html:p>This bill would specify that a state official or local official who serves more than one state agency or local agency only be required to receive the above-described training once every 2 years without regard to the number of state agencies or local agencies the official serves.</html:p>
<html:p>Existing law requires local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law requires the training and education to include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation.</html:p>
<html:p>This bill would additionally require, beginning on January 1, 2028, the above-described training and education include for any elected state or local official, as a component of the training and education, anti-hate speech training.</html:p>
<html:p>By imposing new requirements on local agencies, this bill would impose a state-mandated local program.</html:p>
<html:p>The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_34D12A15-2B86-425F-A4F8-278D9C091F6A">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12950.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 12950.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3D59443F-C4C2-49C5-932A-05A0ED8AB64F">
<ns0:Num>12950.1.</ns0:Num>
<ns0:LawSectionVersion id="id_42901BA0-5EFC-428F-A08E-AD81A8554E3D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California. Thereafter, each employer covered by this section shall provide sexual harassment training and education to each employee in California once every two years. New nonsupervisory employees shall be provided training within six months of hire. New supervisory employees shall be provided training within six months of the assumption of a supervisory position. An employer may provide this training in conjunction with other
training provided to the employees. The training may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the applicable hourly total requirement is met. An employer who has provided this training and education to an employee in 2019 is not required to provide refresher training and education again until two years thereafter. The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and
retaliation. The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An employer shall also include prevention of abusive conduct as a component of the training and education specified in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An employer shall also provide training inclusive of harassment based on gender identity, gender expression, and sexual orientation as a component of the training and education specified in paragraph (1). The training and education shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation, and shall be presented by trainers or educators with knowledge and expertise in those areas.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Beginning on January 1, 2028, an employer that is a state agency or local agency shall also include anti-hate speech training as a component of the training and education specified in paragraph (1) for all elected state or local officials.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The state shall incorporate the training required by subdivision (a) into the 80 hours of training provided to all new employees pursuant to subdivision (b) of Section 19995.4, using existing resources.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the training and education required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not
insulate the employer from liability for sexual harassment of any current or former employee or applicant.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The training and education required by this section is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination. This section shall not be construed to override or supersede statutes, including, but not limited to, Section 1684 of the Labor Code, that meet or exceed the training for nonsupervisory employees required under this
section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Except as provided in subdivision (l), beginning January 1, 2021, for seasonal, temporary, or other employees that are hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. In the case of a temporary employee employed by a temporary services employer, as defined in Section 201.3 of the Labor Code, to perform services for clients, the training shall be provided by the temporary services employer, not the client.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Beginning January 1, 2020, sexual harassment prevention training for migrant and seasonal agricultural workers, as defined in the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801, et seq.), shall be consistent with training for nonsupervisory employees pursuant to paragraph (8) of subdivision (a) of Section 1684
of the Labor Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section only, “employer” means any person regularly employing five or more persons or regularly receiving the services of five or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the
gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of providing training to employees as required by this section, an employer may develop its own training module or may direct employees to view the online training course referenced in subdivision (j) and this shall be deemed to have complied with and satisfied the employers’ obligations as set forth in this section and Section 12950.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The department shall develop or obtain two online training courses on the prevention of sexual harassment in the workplace in accordance with the provisions of this section. The course for nonsupervisory employees shall be one hour in length and the course for supervisory employees shall be two hours in length.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The department shall make the online training courses available on its internet website. The online training courses shall contain an interactive feature that requires the viewer to respond to a question periodically in order for the online training courses to continue to play. Any questions resulting from the online training course described in this subdivision shall be directed to the trainee’s employer’s human resources department or equally qualified professional rather than the department.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An employer that employs workers pursuant to a multiemployer collective bargaining agreement in the construction industry may satisfy the requirements of subdivision (a) or (f) by demonstrating that the employee has received the training required by subdivision (a) within the past two years under any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
While the employee was employed by another employer that is also signatory to a multiemployer collective bargaining agreement with the same trade in the building and construction industry.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
While the employee was an apprentice registered in a building and construction trades apprenticeship program approved by the Division of Apprenticeship Standards.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Through a building and construction trades apprenticeship program approved by the Division of Apprenticeship Standards, a labor management training trust, or labor management cooperation committee. For purposes of this subdivision, “labor management cooperation committee” shall mean a committee that is established pursuant to Section 175a of Title 29 of the United States Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “multiemployer collective
bargaining agreement” means a bona fide collective bargaining agreement to which multiple employers are signatory, including predecessor and successor agreements.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An employer shall require verification that an employee has undergone prevention of harassment training pursuant to this subdivision within the past two years. The employer shall provide prevention of harassment training pursuant to subdivision (a) for any employee for whom verification cannot be obtained.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A state-approved apprenticeship program, labor management training trust, or labor management cooperation committee shall maintain a certificate of completion of training for each person to whom the entity has provided prevention of harassment training pursuant to this subdivision for a period of not less than four years. The apprenticeship program, labor management training trust, or labor management
cooperation committee shall maintain a database of journey-level worker and apprentice training that entity has provided and shall provide verification of an employee’s or apprentice’s prevention of harassment training status upon the request of an employer that is a party to the multiemployer collective bargaining agreement.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A qualified trainer may provide prevention of harassment training on behalf of an apprenticeship program, labor management training trust, or labor management cooperation committee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A “qualified trainer,” for purposes of this subdivision, is any person who, through a combination of training and experience, has the ability to train employees about the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
How to identify behavior that may constitute unlawful harassment, discrimination, or retaliation
under both California and federal law.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
What steps to take when harassing behavior occurs in the workplace.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
How to report harassment complaints.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Supervisory employees’ obligation to report harassing, discriminatory, or retaliatory behavior of which they become aware.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
How to respond to a harassment complaint.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The employer’s obligation to conduct a workplace investigation of a harassment complaint.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
What constitutes retaliation and how to prevent it.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Essential components of an
anti-harassment policy.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The effect of harassment on harassed employees, coworkers, harassers, and employers.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A “qualified trainer” includes, but is not limited to, an attorney admitted to the State Bar of California with at least two years of experience practicing employment law, a human resources professional with at least two years of practical experience in prevention of harassment training, investigation, and advising employers in the prevention of harassment, or any other person who has received training in the provision of prevention of harassment training from a qualified trainer.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An apprenticeship program, labor management training trust, or labor management cooperation committee may also provide training by use of the online training courses referenced
in subdivision (j).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
An apprenticeship program, labor management training trust, or labor management cooperation committee shall not incur any liability for providing prevention of harassment training or for maintaining records pursuant to this subdivision.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An employee who has received training in compliance with this section within the prior two years either from a current, a prior, or an alternate or a joint employer, or who received a valid work permit from the Labor Commissioner that required the employee to receive training in compliance with this section within the prior two years, shall be given, and required to read and to acknowledge receipt of, the employer’s anti-harassment policy within six months of assuming the employee’s new
position. That employee shall then be put on a two year tracking schedule based on the employee’s last training. The current employer shall have the burden of establishing that the prior training was legally compliant with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A state or local official who serves more than one state agency or local agency shall only be required to receive training pursuant to this section once every two years without regard to the number of state agencies or local agencies the official serves.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_34F35C1B-5634-45A8-B4D6-9717953D0484">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.4.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'53237.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 53237.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_81BC47A4-73BE-4C96-B670-E65B46FC9A98">
<ns0:Num>53237.1.</ns0:Num>
<ns0:LawSectionVersion id="id_DA2C7A2C-7F97-47DB-8340-1E3A55EDC68D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking
office or commencing employment, and every two years thereafter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An entity that develops curricula to satisfy the requirements of this section shall consult with legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An
entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of,
sexual harassment and the remedies available to victims of
sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Beginning on January 1, 2028, the training and education required by this section for any elected local agency official shall also include anti-hate speech training as a component of the training and education.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies the official serves.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_565C5DAF-C87F-4526-8485-CB36B7130460">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>