California employers are facing another round of workplace-law changes. Governor Gavin Newsom signed three measures that reshape how employers handle sex discrimination, bereavement leave, and harassment-prevention training. Two of the laws take effect January 1, 2027. The third adds a new training requirement that employers must meet by January 1, 2028.
Expanded Definition of Sex Discrimination. Beginning January 1, 2027, Cal. Gov. Code § 12926 (Fair Employment Housing Act or “FEHA” definitions) is amended to create a single, uniform definition of sex discrimination across California law. It broadens and standardizes what counts as sex discrimination in the State of California.
The amended uniform definition reaches seven categories that any sex/gender anti-discrimination provision must be read to cover, and that are incorporated into FEHA’s definition of “sex”: (1) assigned sex or gender category (female, male, or nonbinary); (2) degree of conformity to sex or gender stereotypes; (3) gender, including gender identity, gender expression, and access to and use of gender-affirming care; (4) pregnancy or related medical conditions; (5) decision-making, access, or use of a drug, device, product, or service relating to pregnancy; (6) sexual orientation; and (7) variations in sex characteristics, including intersex traits. The law also requires sex-discrimination prohibitions to be liberally construed consistent with equal-protection, privacy, and reproductive-freedom protections. There is no exemption for churches, religious schools and faith-based nonprofits.
What to do. Review anti-discrimination and anti-harassment policies, handbooks, and complaint procedures to confirm they reflect the expanded definition, particularly the express coverage of gender stereotypes, pregnancy and related conditions, and sexual orientation. Train Human Resources and managers so they apply the updated standard consistently when evaluating complaints. Include this expanded definition in any applicable training materials.
Expanded Bereavement Leave. California employees are already able to take up to five (5) days of bereavement leave, however, beginning January 1, 2027, the definition of who is a “designated person” is expanded under an amendment to Cal. Gov. Code § 12945.7 (California Family Rights Act or “CFRA”). A “designated person” now includes someone related to the employee by blood or “whose association with the employee is the equivalent of a family relationship.” That means leave can extend to people who hold a family-equivalent relationship but fall outside the traditional categories of spouse, child, parent, sibling, grandparent, grandchild, or domestic partner. The five (5) days are unpaid unless the employer’s policy provides for paid leave. Employees may identify their designated person when they request leave, they do not have to take all five (5) days consecutively and they may only designate one person every twelve (12) months.
What to do. Update bereavement-leave policies and request forms to capture a designated person, and build in the one-designation-per-12-months limit. Train managers and payroll to recognize that a qualifying relationship is no longer limited to listed family members.
Adding Anti-Hate Speech Training for 2028. Beginning January 1, 2028, in an amendment to Cal. Gov. Code § 12950.1, a new topic required to be included in all existing harassment-prevention training is anti-hate speech training. Under current law, California requires employers with five (5) or more employees to provide at least two (2) hours of training to supervisors and at least one (1) hour of training to non-supervisory employees every two (2) years. The number of hours has not changed but that training must now include anti-hate speech training.
The new anti-hate speech content must give employees practical guidance on how to recognize, report, and confront workplace speech that “vilifies, humiliates, or incites hatred” against people based on characteristics protected under California’s FEHA.[1] Critically, the amendment does not define “hate speech,” which can make it difficult for employers to amend existing training materials for a term that has no clear definition in state law.
What to do. Though the requirement does not take effect until January 1, 2028, now is the time to begin coordinating with counsel and your training team to update course content. Materials should be reviewed and revised well ahead of the deadline.
Bottom Line. None of the above amendments overhauls California employment practices, however, each requires specific updates to policies, training and day-to-day administration. Now is the time to make those updates to avoid a year-end scramble.
[1] The full FEHA list the training must cover is: race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision-making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
The St. Louis employment attorneys at McMahon Berger have been representing employers across the country in labor and employment matters for over seventy years and are available to discuss these issues and others. As always, the foregoing is for informational purposes only and does not constitute legal advice regarding any particular situation as every situation must be evaluated on its own facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.
