On September 27, 2026, California enacted Assembly Bill 1803, expanding the state’s mandatory workplace harassment training requirements to include practical guidance on identifying, reporting, and confronting workplace hate speech.
While framed as a measure to curb workplace hostility, AB 1803 raises urgent First Amendment and compliance questions for faith-based nonprofits, Christian schools, and churches. If your ministry employs staff in California, here is what the law does, where legal exemptions apply, and how your leadership should prepare before the January 1, 2028 effective date.
What AB 1803 Requires
California already mandates that employers with five or more workers provide harassment prevention training every two years (one hour for non-supervisory staff, two hours for supervisors).
AB 1803 does not add extra hours, but it changes the required curriculum. Beginning in 2028, training must include practical instruction on recognizing and confronting speech that “vilifies, humiliates, or incites hatred” against individuals based on traits protected under the Fair Employment and Housing Act (FEHA)—including religion, sex, gender identity, and sexual orientation.
The Conflict for Faith-Based Organizations
For secular businesses, compliance often means buying an updated digital training course from a standard HR vendor. For churches and religious ministries, that approach potentially carries legal and theological risk:
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Subjective Definitions of “Hate Speech”: Standard corporate training programs often define any traditional biblical view on biological sex, marriage, or moral conduct as inherently “demeaning” or “humiliating”. Forcing ministry employees to undergo state-prescribed training that labels their own confession of faith as actionable workplace harassment infringes directly on religious liberty.
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Compelled Speech and Intervention: AB 1803 requires guidance on confronting speech. In an environment where religious discourse is central to daily mission, ambiguity over what constitutes prohibited speech can chill internal theological conversations and ministry counsel.
Where Religious Protections Stand
Churches and faith-based employers operate under distinct protections that buffer them from direct state overreach:
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FEHA Statutory Exemptions: Under California law (Cal. Gov. Code § 12926(d)), non-profit religious corporations are generally exempt from FEHA’s definition of an employer for employment discrimination claims.
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The Ministerial Exception: Under established U.S. Supreme Court precedent (Hosanna-Tabor and Our Lady of Guadalupe School), the government cannot interfere in the employment relationships, teachings, or doctrinal oversight of employees performing religious or ministerial functions.
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The First Amendment: The state cannot compel religious bodies to adopt or endorse ideological viewpoints that run counter to their sincere religious beliefs.
However, these protections are strongest when a ministry’s corporate structure, job descriptions, and employee handbooks are rigorously defined. Organizations operating non-exempt auxiliary programs “such as certain secular-facing community services or clinics” face narrower protections under California state law.
Action Steps for Ministry Leaders Before 2028
Churches should not wait until late 2027 to address workplace policies. Take these four practical steps now:
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Audit Off-the-Shelf Training Vendors: If your church currently buys third-party HR training modules, review their content. Do not auto-renew programs that teach definitions of harassment or speech incompatible with your statement of faith.
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Formalize Religious Employment Governance: Ensure that job descriptions, employee agreements, and handbooks clearly identify ministerial roles, moral conduct standards, and your church’s theological foundation.
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Consult Religious Liberty Counsel: Because California administrative agencies frequently test the boundaries of religious exemptions, work with legal counsel specializing in religious liberty and nonprofit employment to evaluate your organization’s specific FEHA exposure.
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Draft Internal Civility and Conduct Policies: Scripture calls believers to speak the truth in love (Eph. 4:15). Establishing proactive, biblically grounded workplace communication policies demonstrates clear standards against genuine workplace abuse while preserving doctrinal clarity.
This does not constitute legal advice. Talk to a lawyer familiar with your particular situation.
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