§ 12940.2

(a) Notwithstanding any other law, an employee’s assessment, testing, admission, or acknowledgment of their own personal bias that was made in good faith and solicited or required as part of a bias mitigation training does not, by itself, constitute unlawful discrimination.

(b) It is the intent of the Legislature to do both of the following:

(1) Encourage employers to conduct bias mitigation trainings.

(2) Affirm that conducting a bias mitigation training does not, by itself, constitute unlawful discrimination.

(c) (1) For purposes of this section, “bias mitigation training” means bias mitigation or bias elimination training, education, and activities provided by an employer for the purpose of educating employees on understanding, recognizing, or acknowledging the influence of conscious and unconscious thought processes and their associated impacts. Bias mitigation training shall include implementing specific strategies to mitigate the impact of employees’ personal biases.

(2) For purposes of paragraph (1), “specific strategies” includes, but is not limited to, assessing or testing for personal bias, analyzing bias assessments or tests, conducting bias training, conducting workshops, using toolkits, and tracking bias mitigation and elimination.

(Added by Stats. 2025, Ch. 216, Sec. 1. (SB 303) Effective January 1, 2026.)