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October 9, 2025

New California Law Clarifies Immunity for Bias Mitigation Training

Signed into law on October 1, 2025, California’s SB 303, a new bill strengthening an employers’ ability to provide bias mitigation training, went into effect immediately by adding Section 12940.2 to the California Fair Employment and Housing Act (FEHA). SB 303’s key purpose is to make clear that an employee’s good-faith participation in bias mitigation training — including self-assessment, testing, or acknowledgment of implicit biases — cannot, by itself, be considered unlawful discrimination. 

What Does it Mean 

SB 303 encourages California employers to conduct bias mitigation training, including components such as self-reflection exercises, workshops, and facilitated discussions, without fear of legal retaliation or discrimination claims arising solely from those activities.  

SB 303 explicitly states that such participation won’t constitute unlawful discrimination as long as it’s conducted in good faith and is intended as part of comprehensive bias mitigation training. The legislature’s intent is twofold: to encourage employers to adopt bias-mitigation education and to remove legal obstacles to doing so. 

To ensure effective implementation of a bias mitigation training program, consider the following best practices: 

  • Foster a psychologically safe environment. Before beginning any bias awareness training — particularly activities that involve self-assessment or discussions of personal beliefs — communicate clearly that the purpose is to learn and grow, not to shame or blame. Ensure facilitators are well trained and emphasize that honest participation is voluntary. 
  • Integrate training with broader equity initiatives. Bias mitigation efforts work best when embedded in a broader strategy that includes reviewing recruiting practices, promotion policies, performance evaluations, and compensation structures. This demonstrates organizational commitment and connects training to concrete outcomes. 
  • Provide ongoing education — not a one-time session. A single workshop is unlikely to shift implicit biases meaningfully. Instead, consider offering continuous learning opportunities, such as follow-up sessions, self-guided anti-bias modules, peer-learning groups, or coaching. These types of reinforcement activities can help employees apply learning to real workplace interactions. 
  • Monitor, assess, and refine. Collect feedback after training sessions through anonymous surveys or focus groups, and track metrics related to representation, turnover, and complaints. Use this data to adjust your program and demonstrate impact to leadership — a crucial step for gaining buy-in over the long term.