As we usher in 2025, California employers face a range of new legal requirements aimed at enhancing protections against workplace discrimination and improving employee rights. From expanding anti-discrimination protections to refining leave policies, the following legislative updates demand attention. Here’s what employers need to know about Assembly Bills (“AB”) 672, 1815, and 2499, as well as Senate Bills (“SB”) 1100, 1137, and 1340.
1. Expanding Anti-Discrimination Protections
SB 1137: Recognizing Intersectionality
California continues to lead the nation in addressing nuanced forms of discrimination. SB 1137 amends the Fair Employment and Housing Act (“FEHA”) to state that it explicitly includes “intersectionality” as a basis for discrimination claims. “Intersectionality,” a concept introduced by American civil rights advocate Kimberlé Crenshaw, describes the interconnected nature of various forms of discrimination and inequality such as race and gender. Rather than viewing them as separate or isolated, it emphasizes how they overlap and intersect to create complex and compounded experiences of oppression. This means employers must recognize that employees can experience unique forms of discrimination based on overlapping protected characteristics.
The bill states that the change is declaratory of existing law, but underscores the concept of intersectionality as a concern of the FEHA. It confirms that an individual can experience discrimination under the FEHA based on a combination of protected characteristics (e.g., being a gender of a certain race) where they might not have experienced discrimination based on a single protected characteristic alone.
AB 1815: Hair Discrimination Clarification
Building on the CROWN Act, AB 1815 amends the definition of “race” under FEHA by removing the term “historically” from the definition, so that the term includes traits associated with race, including, but not limited to, hair texture and protective hairstyles like braids, locs, and twists. This amendment reinforces that grooming or appearance policies targeting such hairstyles can constitute racial discrimination.
SB 1100: Driver’s License
SB 1100 amends FEHA to make it an unlawful employment practice for an employer to include statements about the need for a driver’s license in job advertisements, postings, applications, and similar employment material unless the following conditions are met:
- The employer reasonably expects driving to be one of the job functions for the position.
- The employer reasonably believes that using alternate forms of transportation, including but not limited to ride-hailing services, carpooling, taxis, walking, and bicycling, would not be comparable in travel time or cost to the employer.
2. Strengthening Leave Protections for Employees who are Crime Victims
AB 2499: Safe Time for Crime Victims
Labor Code sections 230 and 230.1 prohibit employers from discharging or discriminating against employees who are victims of crime or abuse. This includes protections for appearing as a witness in court, seeking prescribed relief as a victim, or requesting workplace accommodations for safety. Employers must provide reasonable accommodations to victims of domestic violence, sexual assault, or stalking and cannot retaliate against employees for taking time off to seek medical attention or services related to the crime. Discrimination or retaliation complaints can be filed with the Division of Labor Standards Enforcement (DLSE).
AB 2499 expands and revises these provisions, categorizing them as unlawful employment practices under the Fair Employment and Housing Act (FEHA) and placing enforcement authority with the Civil Rights Department (CRD). Key updates include:
- Broadened Definition of “Qualifying Act of Violence”: Replaces “crime or abuse” with “qualifying act of violence,” which includes:
- Domestic violence
- Sexual assault
- Stalking
- Acts causing bodily injury or death
- Display, use, or threat of a firearm or dangerous weapon
- Threats or perceived threats to use force causing physical injury or death
- Expanded Leave Protections: Employees can now use vacation, personal leave, paid sick leave, or compensatory time off to assist family members who are victims of domestic violence, sexual assault, or stalking. Covered family members include parents, children, grandparents, grandchildren, siblings, spouses, domestic partners, or designated persons. Leave can be used to support family members in accessing services, attending court, or addressing other needs arising from these incidents.
- Employer Notification Requirements: Employers must inform employees of their rights under the law at the following times:
- Upon hire
- Annually
- Upon request
- When an employee notifies the employer that they or a family member is a victim
AB 2499 strengthens protections for victims and expands employer obligations, ensuring employees can access necessary support without fear of discrimination or retaliation.
3. Promoting Fair Employment Practices
AB 672: Expanding the role of Civil Rights Department
Existing law authorizes the Civil Rights Department (“CRD”) to provide assistance to communities in resolving disputes, disagreements, or difficulties relating to discriminatory practices, but only upon the request of an appropriate state or local public body, or upon the request of a person directly affected by a dispute, disagreement, or difficulty.
AB 672 authorizes the CRD to offer its services instead of having to wait until its services are requested.
SB 1340: Local Enforcement of Discrimination Laws
FEHA makes it unlawful for an employer to engage in specified discriminatory employment practices based on certain protected characteristics. Additionally, existing law expressly authorizes only the CRD to receive, investigate, conciliate, mediate, and prosecute complaints alleging employment discrimination.
SB 1340 allows cities and counties to enforce any local anti-discrimination laws that are as or more stringent than the state’s anti-discrimination laws, subject to certain requirements.
Under SB 1340, any city or county can enforce any local law that prohibits employment discrimination if all four of the following requirements are met:
- The local enforcement concerns an employment complaint filed with the CRD;
- The local enforcement occurs after the CRD has issued a right-to-sue notice under Government Code section 12965;
- The local enforcement commences before the expiration of time to file a civil action specified in the right-to-sue notice;
- The local enforcement is pursuant to a local law that is at least as protective as the FEHA.
SB 1340 also tolls the one year time to file a complaint, under existing law, when a city or county commences an enforcement action.
Conclusion
California’s 2025 legislative updates reflect the state’s commitment to fostering inclusive and equitable workplaces. By understanding and implementing any necessary changes in response to these laws, employers can not only ensure compliance but also build trust and goodwill with their workforce. For tailored guidance on navigating these legal changes, consult with experienced employment counsel.