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Sunday, February 22, 2026

The 12 Days of California Labor and Employment Series – Day 4 "Local Enforcement of Discrimination Protections Now in Play" - JD Supra

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the fourth day of the holidays, my labor and employment attorney gave to me four calling birds and SB 1340.

What Does SB 1340 Do?

SB 1340 amends Government Code Section 12993 to enable local governmental entities to enforce local laws prohibiting employment discrimination. Currently, the Civil Rights Department is the only entity authorized to enforce the employment discrimination laws as detailed in the Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA).

Under SB 1340, any city, county, or locality can enforce any local law that prohibits discrimination on the basis of race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decision making, or sexual orientation.

However, for local enforcement to be allowed, the following four requirements need to be met:

  1. The local enforcement concerns an employment complaint filed with the department.
  2. The local enforcement occurs after the department has issued a right-to-sue notice under Section 12965.
  3. The local enforcement commences before the expiration of the time to file a civil action specified in the right-to-sue notice described in clause (ii).
  4. The local enforcement is pursuant to a local law that is at least as...


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