What New California Employment Laws Take Effect in 2025?

Starting January 1, 2025, California employers must adapt to significant new employment laws affecting discrimination policies, leave for crime victims, and job advertisement requirements. Key changes include explicit bans on intersectional discrimination, expanded leave protections, and restrictions on driver's license requirements in job postings.

What Are the Key Changes to California's Discrimination Laws?

Several bills amend California’s anti-discrimination statutes, introducing nuanced requirements for employers. S.B. 1137 explicitly prohibits intersectional discrimination, which occurs when bias is based on the combination of two or more protected characteristics (e.g., race and gender). The law acknowledges that such discrimination creates unique and amplified harm, moving beyond viewing protected categories in isolation. For HR professionals, this means training programs and harassment policies must be updated to address these compounded forms of bias.

Furthermore, A.B. 1815 modifies the definition of "race" under the Unruh Civil Rights Act to explicitly include traits associated with race, such as hair texture and protective hairstyles like braids, twists, and locs. This reinforces the CROWN Act and clarifies that discrimination based on natural hair is unlawful race discrimination. Employers should review dress code and grooming policies to ensure full compliance. Additionally, S.B. 1340 affirms that local governments can enforce their own anti-discrimination laws, provided they meet certain standards, meaning employers with operations in multiple California cities and counties must be aware of local ordinances that may be more stringent than state law.

How Has Leave for Victims of Crime Been Expanded?

A.B. 2499 significantly broadens employment protections for victims of crime and violence under the Healthy Workplaces Healthy Families Act (HWHFA). Employees can now take job-protected leave for their own needs or to assist a family member who is a victim of a qualifying act of violence. A critical change is that leave is available regardless of whether an arrest or conviction occurs, removing a significant barrier for victims. The amendments also impact the duration of leave, expand the definition of covered family members, and adjust notice requirements. For employers, this necessitates updating leave of absence policies and training managers on the new, more employee-friendly provisions to avoid retaliation claims.

What Are the New Rules for Driver's License Requirements in Job Ads?

S.B. 1100 places new restrictions on employers regarding driver's license requirements. It is now unlawful to include a statement in a job advertisement, posting, or application that a driver's license is required unless the employer can demonstrate two things:

1. Driving is an essential function of the job.
2. Using an alternative form of transportation (e.g., rideshare, public transit, biking) would not be comparable in travel time or cost to the employer.

This law aims to prevent unnecessary barriers to employment for individuals who do not drive. Employers must conduct a good-faith analysis of each position's essential functions before listing a driver's license requirement. For roles where driving is not a core duty, this condition should be removed from all hiring materials.

To ensure compliance by the January 1, 2025, effective date, employers should take the following steps based on our assessment experience:

• Review and update anti-harassment and discrimination policies to explicitly address intersectional discrimination.
• Audit all job descriptions, advertisements, and postings to remove unnecessary driver's license requirements.
• Consult with legal counsel to revise leave of absence policies and procedures in line with A.B. 2499.
• Conduct mandatory training for HR personnel and hiring managers on these new legal obligations.