Employment: bias mitigation training: unlawful discrimination.

Senator Smallwood-Cuevas's workplace discrimination legislation carves out legal protections for employees who acknowledge personal biases during employer-mandated training programs, addressing a key barrier to effective bias mitigation efforts in California workplaces.

The measure establishes that an employee's good faith admission or acknowledgment of personal bias during required training sessions cannot, by itself, constitute evidence of unlawful discrimination under state law. It defines bias mitigation training as employer-provided education aimed at helping employees understand and recognize both conscious and unconscious thought processes and their impacts. The law specifies that such training must include concrete strategies like personal bias assessments, workshops, toolkits, and progress tracking.

By explicitly encouraging employers to conduct bias mitigation programs while protecting participants from legal exposure, the legislation aims to foster more open and productive dialogue around workplace bias. The measure maintains existing anti-discrimination protections under the California Fair Employment and Housing Act while creating a specific safe harbor for candid self-reflection during formal training activities.