Three New California Laws Change Workplace Rights in 2027 and 2028
Key Takeaways: Governor Newsom signed three bills that reshape California workplace protections. AB 2563 creates a uniform definition of sex discrimination across California law, effective January 1, 2027. SB 1149 lets employees take up to five days of bereavement leave after the death of a “designated person” who is not a traditional family member, also effective January 1, 2027. AB 1803 requires employers with five or more employees to add anti-hate speech content to mandatory harassment prevention training by January 1, 2028. Together, these laws give California workers clearer rights and give employers new policy and training obligations.
If you work in California, your rights on the job are about to expand in three important ways. New laws signed by Governor Gavin Newsom clarify what counts as sex discrimination, widen who you can grieve with protected bereavement leave, and require workplace training to address hateful speech. Some of these changes take effect on January 1, 2027, just weeks away.
Knowing these rules now helps you recognize when an employer gets them wrong. If you believe your employer denied leave, discriminated against you, or ignored harassment, the team at MSD Lawyers is ready to help. Call us at (213) 583-2154 or schedule a consultation to discuss your rights.
The New California Workplace Laws at a Glance
Each law targets a different part of the employment relationship, and the effective dates are not the same. The table below summarizes what changes and when.
| Law | What It Changes | Effective Date |
|---|---|---|
| AB 2563 | Creates one uniform definition of sex discrimination across California codes, including FEHA and the Labor Code | January 1, 2027 |
| SB 1149 | Adds a “designated person” to the family members covered by bereavement leave | January 1, 2027 |
| AB 1803 | Requires anti-hate speech content in mandatory harassment prevention training | January 1, 2028 |
AB 2563: A Uniform Definition of Sex Discrimination
AB 2563 sets one consistent definition of “sex discrimination” that applies across more than two dozen California codes. That includes the Fair Employment and Housing Act (FEHA) under California Government Code § 12940 and the Labor Code (official source: leginfo.legislature.ca.gov). Any California law that prohibits discrimination based on sex, gender, or similar grounds must now be read to cover the full definition.
What the New Definition Covers
Under AB 2563, sex discrimination includes discrimination based on actual or perceived characteristics, not only confirmed ones. The definition covers:
- Assigned sex or gender category, including nonbinary, and conformity to sex or gender stereotypes
- Gender identity, gender expression, and use of gender-affirming care
- Pregnancy and related conditions, including lactation, miscarriage, fertility, contraception, and abortion, along with related healthcare decisions
- Sexual orientation and intersex traits
The law also states that discrimination expressly includes harassment. It amends FEHA’s definition of “sex” in California Government Code § 12926 to include each of these characteristics (official source: leginfo.legislature.ca.gov).
Why a Uniform Definition Matters to Employees
The Legislature describes AB 2563 as declarative of existing law, meaning it clarifies rights rather than creating brand-new ones. That clarity still matters. When different codes used different wording, employers sometimes argued that a protection did not reach a particular situation. A single definition makes it harder to dispute whether treatment tied to pregnancy, stereotypes, or gender identity counts as sex discrimination.
For workers facing gender discrimination, pregnancy discrimination, or LGBTQIA+ discrimination, the new definition provides a clearer framework for evaluating a claim.
Protect Your Rights: Discrimination based on a perceived characteristic is covered. If a supervisor treated you differently because they assumed you were pregnant or assumed your sexual orientation, write down what was said and when, even if the assumption was wrong.
SB 1149: Bereavement Leave for a “Designated Person”
Starting January 1, 2027, California employees can take bereavement leave after the death of someone who is family in every sense but the legal one. Governor Newsom signed SB 1149 on September 27, 2026. It amends California Government Code § 12945.7 to add a “designated person” to the definition of family member (official source: leginfo.legislature.ca.gov).
Who Counts as a Designated Person
A designated person is anyone related to you by blood, or anyone whose association with you is the equivalent of a family relationship. This adds to the existing list of spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law. In practice, it can cover a close friend, a chosen family member, an aunt, uncle, or cousin, or someone who helped raise you.
You do not have to name your designated person in advance. You may identify them when you request leave. Your employer may limit you to one designated person in any 12-month period.
What Stays the Same
SB 1149 widens who is covered without changing how much leave you get. The core bereavement leave framework remains in place:
- Employers with five or more employees must provide the leave
- Employees must have worked for the employer for at least 30 days
- Leave is up to five days and does not need to be taken consecutively
- Leave must be completed within three months of the death
- Employers may request documentation of the death within 30 days of the first day of leave, and must keep it confidential
The documentation your employer may request is proof of the death, not proof of your relationship. Bereavement leave is unpaid unless your employer’s policy provides pay, though you may be able to use accrued vacation, personal leave, or paid sick time.
Your Protection From Retaliation
California law makes it unlawful for an employer to refuse bereavement leave or to retaliate against you for taking it. If you were disciplined, demoted, or fired after requesting leave to grieve a designated person, you may have a claim. Learn more about employer retaliation and how California protects employees who exercise their rights.
Protect Your Rights: Make your leave request in writing, such as by email, and name your designated person in that request. A written record shows exactly when you asked and who you named.
AB 1803: Anti-Hate Speech Training in the Workplace
By January 1, 2028, California harassment prevention training must teach employees how to recognize, report, and confront hateful workplace speech. Governor Newsom signed AB 1803 on September 27, 2026. It builds on the training rules employers with five or more employees already follow.
How Harassment Training Works Today
Covered employers must already provide two hours of interactive harassment prevention training to supervisors and one hour to nonsupervisory employees every two years. That training must already address abusive conduct and harassment based on gender identity, gender expression, and sexual orientation (official source: calcivilrights.ca.gov).
What AB 1803 Adds
The new law requires practical guidance on workplace speech that vilifies, humiliates, or incites hatred against people based on protected characteristics. Those characteristics are the ones listed in California Government Code § 12940(a), including race, religion, disability, sex, gender identity, sexual orientation, and veteran or military status (official source: leginfo.legislature.ca.gov).
Employers do not need to create a separate course or extend the one- and two-hour sessions. The content can be added to existing training materials. Some advocacy groups have raised concerns that the law does not define “hate speech,” and how employers apply the new training will likely develop over time.
What This Means if You Experience Hateful Speech at Work
Training does not create a new lawsuit on its own, but it shapes what employers know and how they are expected to respond. Once supervisors are trained to recognize and address hateful speech, it becomes harder for an employer to claim it did not understand that slurs, demeaning jokes, or targeted remarks were a problem. Under FEHA, employers must take all reasonable steps to prevent harassment from occurring. Hateful comments tied to a protected characteristic can contribute to a hostile work environment, especially when they are severe or repeated. Our guide to race discrimination explains how these claims often develop.
Protect Your Rights: If you report hateful comments, note who you reported to, the date, and what happened afterward. An employer’s response, or lack of one, can be important evidence.
What California Workers Should Do Now
Employers should update handbooks and training before these laws take effect, but employees benefit from preparing too. A few practical steps can help you protect your rights:
- Review your employee handbook. Check whether the bereavement leave policy reflects the designated person rule after January 1, 2027.
- Put leave requests in writing. Name your designated person and keep a copy of the request and any response.
- Document discrimination or harassment. Record dates, names, what was said, and any witnesses. Store copies on a personal device, not a work account.
- Report through the proper channel. Use the process in your employer’s policy, such as HR or a designated manager, and keep a record of your report.
- Watch for retaliation. Note any discipline, schedule changes, or demotions that follow a complaint or leave request. Our article on the SB 497 90-day retaliation presumption explains how timing can matter.
- Talk to an employment attorney. Deadlines apply to discrimination and retaliation claims, so early guidance helps protect your options.
Frequently Asked Questions
1. When do the new California workplace laws take effect?
AB 2563 and SB 1149 take effect January 1, 2027. AB 1803’s anti-hate speech training requirement takes effect January 1, 2028.
2. Can I take bereavement leave for a close friend in California?
Yes, starting January 1, 2027, if your relationship is the equivalent of a family relationship. Under SB 1149, you can name that person as your designated person when you request leave. Your employer may limit you to one designated person every 12 months.
3. Does SB 1149 give me more than five days of bereavement leave?
No. The law expands who you can take leave for, but the amount of leave stays at up to five days per qualifying death.
4. Does AB 2563 create new discrimination rights?
The Legislature describes it as declarative of existing law. It does not expand or reduce existing rights, but it creates one clear definition of sex discrimination that applies across California codes, including FEHA.
5. Does my employer have to create a new hate speech training course?
No. Under AB 1803, employers can add anti-hate speech content to their existing harassment prevention training. The required one- and two-hour training times do not change.
6. What should I do if my employer denies bereavement leave or retaliates against me?
Document the request, the denial, and any adverse action, then speak with an employment attorney. Denying protected bereavement leave or punishing you for taking it can violate California law.
Protecting Your Rights as California Workplace Law Changes
California’s 2027 and 2028 workplace laws give employees clearer protection against sex discrimination, broader access to bereavement leave, and stronger expectations around hateful speech at work. AB 2563, SB 1149, and AB 1803 each address a different gap, but all three reflect the same direction: California law continues to expand protections for the people who keep its workplaces running. Every situation turns on its own facts, evidence, and deadlines.
If you were denied leave, treated unfairly because of sex, gender, pregnancy, or sexual orientation, or punished for speaking up about harassment, MSD Lawyers is ready to listen with discretion and care. Call (213) 583-2154 or contact us now to schedule a confidential consultation and learn how California employment law may protect you.
