State and local legislatures were active throughout 2025 in passing employment laws and ordinances concerning topics such as artificial intelligence, pay transparency, and paid leaves, to name a few. As always, minimum wages continue to increase in many jurisdictions and various posters have been updated. See our charts on U.S. state minimum wage and salary threshold developments located here and here.

As always, our team will continue to monitor these and other state employment law developments. If you have questions or need guidance, please reach out to your SPB contact for more information or assistance with compliance.

Alaska

Alaska’s final regulations on paid sick leave clarify frontloading and notice requirements – Although the bill establishing paid sick leave in Alaska was passed in November 2024, the law did not take effect until July 1, 2025. In October 2025, the Alaska Department of Labor & Workforce Development published final regulations interpreting the bill. The regulations allow frontloading of paid sick leave and address using paid time off policies to comply with the statutory paid sick leave requirements. The regulations also clarify the proper rate of pay for sick leave and allow employers to require up to 10 calendar days’ notice for foreseeable absences and require documentation for absences in excess of 3 days; employers are not required to pay sick leave until an employee provides the requested documentation.

Arkansas

Arkansas voids non-compete agreements with physicians – As of August 2025, Arkansas prohibits agreements that prevent a physician from practicing within their area of medicine under amendments to the state non-compete statute. Act 232 defines a physician as anyone authorized or licensed to practice medicine under Arkansas’ Medical Practice Act and those licensed to practice osteopathy in the state.

California

California introduces new CalWARN notice requirements, expands paid leave, and amends mediation procedures – As we previously reported on here, California Governor Gavin Newsom signed multiple employment-related Bills into law throughout October 2025, including measures that expand qualifying reasons for use of paid and unpaid leave under state law, extend eligibility for state paid family leave benefits, and amends the state’s mediation procedures.
California authorizes citations and penalties related to tip theft – SB 648, signed into law on July 30, 2025, authorizes the Labor Commissioner to investigate, issue citations, and file civil actions against employers who collect, take, or receive any gratuity or part thereof from employees. The law takes effect on January 1, 2026.
LA County passes Hotel Worker Protection Ordinance for unincorporated areas of the County – Los Angeles County passed an ordinance providing worker protections for employees of hotel employers in unincorporated areas of Los Angeles County. Under the ordinance, all hotel employers must provide public housekeeping training through certified organizations and personal security devices, commonly called panic buttons, at no cost to workers who are assigned to guest rooms or restrooms where they may be alone. The ordinance also regulates room cleaning assignments and restricts the number of rooms an employee may be assigned to clean following guest departures within a single workday. Hotels may apply for waivers if compliance with the ordinance would result in significant workforce reductions or even force the hotel to close.

Colorado

Colorado delays AI law – On August 28, 2025, Colorado Governor Jared Polis signed SB25B-004 into law, delaying the implementation of Colorado’s Artificial Intelligence Act to June 30, 2026. As we previously reported on here, in May 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. The law requires Colorado businesses that use AI systems to make, or that are used as a substantial factor in making, employment decisions to implement a risk-management policy, complete annual impact assessments, and provide various notices. While the delay provides employers with four additional months to prepare for compliance, covered employers should continue monitoring for guidance on the law.

Colorado expands qualifying reasons for paid family and medical leave – SB 24-144 amends the Colorado Paid Family and Medical Leave Insurance law to provide employees with an additional 12 weeks of benefits to care for a child who is receiving inpatient care in a neonatal intensive care unit for the duration that the child is receiving care. The amendments take effect January 1, 2026.

Connecticut

Connecticut expands anti-discrimination law – Amendments to the state’s fair employment practices law added “status as a victim of sexual assault” and “status as a victim of trafficking in persons” to the list of protected classes. Victims of domestic violence, sexual assault, and trafficking in persons have the right to a “reasonable leave of absence” as an accommodation to seek medical attention, obtain psychological counseling and legal or other services, relocate and take other actions for safety, assist in a prosecution, and otherwise participate in legal proceedings when the employee or the employee’s child are the victim of sexual assault or human trafficking. Employers may request specific supporting documentation from employees to demonstrate the need for the leave.

Delaware

Delaware Paid Family and Medical Leave Program modifications – Delaware has enacted HB 128 (“the Act”), which modifies the state’s upcoming paid family medical leave program (“Delaware Paid Leave”) before benefits become available on January 1, 2026. The Act became effective immediately upon enactment on July 30, 2025. The Act permits offsetting of insurance Delaware Paid Leave benefits with other available income replacement benefits, including an employer’s disability insurance benefits. The Act also prohibits employers from requiring the use of accrued paid time off prior to receipt of Delaware Paid Leave benefits and from requiring employees to supplement Delaware Paid Leave benefits with available paid time off without the employee’s consent.

Delaware expands anti-bias lawto cover “military status” – On July 23, 2025, Delaware enacted House Substitute 1 for HB 55, which adds “military status” as a protected characteristic under the state’s anti-discrimination law. The amendments define “military status” as a member of the uniformed forces or a reserve component thereof; a veteran; or a dependent of a servicemember. The law applies to Delaware employers with four or more employees.

Delaware expands crime victim leave – SB17 expands the qualifying reasons that Delaware employees who are victims of a crime or the family member of a crime victim may take unpaid leave from work. Previously, employees were entitled to leave for purposes of attending “criminal justice proceedings.” Under SB17, employees are entitled to leave for purposes of attending a “proceeding.” The amendments also eliminate the employee-threshold for domestic violence accommodations, which previously only applied to Delaware employers with four or more employees.

Delaware introduces pay transparency requirements – Delaware Governor Matt Meyer signed House Substitute No. 2 to HB 105 on September 26, 2025, which will require employers of 26 or more employees to include the pay range and a general description of benefits and other compensation in all job postings. The law is slated to take effect on September 26, 2027.

Illinois

Illinois expands lactation accommodation requirements – Effective January 1, 2026, Public Act 104-0076 will amend Illinois’ Nursing Mothers in the Workplace Act to clarify that break time to express breast milk must be paid at the employee’s regular rate of compensation. The amendments also prohibit mandating employees use other available paid leave during the break time.
Illinois introduces paid leave for military funeral honors – SB0220, which took effect August 1, 2025, requires Illinois employers with at least 51 employees to provide covered employees with up to eight hours of paid leave per month, or up to 40 hours of paid leave per calendar year to perform military funeral honor details. Employees are covered if they have been employed for at least 12 months and performed at least 1,250 hours of work, are trained to perform funeral honors details and are an active or retired member of the U.S. Armed Forces or an authorized provider. Employees cannot be required to exhaust other leave before taking this leave. Employers are permitted to seek documentation confirming the proper use of such leave.

Illinois introduces Family Neonatal Intensive Care Leave Act – In August, Illinois passed the Family Neonatal Intensive Care Leave Act (“Act”) which will require employers with 16 or more employees to provide leave to employees with a child who is a patient in a Neonatal Intensive Care Unit. Effective June 1, 2026, Illinois employers with 16 to 50 employees must provide 10 days of leave under the Act; employers with 51+ employees must provide 20 days; and employers with 15 or less employees are exempt.
Illinois reduces procedural requirements for Department of Human Rights charges – Senate Bill 2487 eliminated mandatory fact-finding conferences for Illinois Department of Human Rights charges filed on or after August 15, 2025. Under the amended law, such conferences will only be held if both parties submit a written request for a conference within 90 days of the charge being filed.
Illinois clarifies leave for military service members – HB 1362 took effect on August 15, 2025, amending the Illinois Service Member Employment and Reemployment Act. The law provides that, upon request, a service member whose employment is interrupted by a period of active service must be allowed to (but cannot be required to) use any vacation, annual, or other accrued paid leave before the commencement of the period of active service.
Illinois expands organ donation leave to part-time employees – Effective January 1, 2026, certain part-time employees will be eligible for paid leave under Illinois’ Blood and Organ Donation Leave. This new requirement, enacted through House Bill 1616, applies to private employers with 51 or more employees and all public employers in the state. Under the amendments, part-time employees may use up to 10 days of leave in a 12-month period for purposes of organ donation; however, part-time employees are not entitled to leave for blood donation purposes. The law previously applied only to full-time employees who had been employed by the employer for at least six months.

Illinois protects employees use of employer-issued devices for domestic violence related purposes – HB 1278 amends Illinois’ Victims’ Economic Security and Safety Act to protect employees who use company-issued devices to record acts of domestic violence, sexual violence, gender violence, or other violent crimes committed against themselves or a family or household member. Employees who use their employers’ devices for these purposes are entitled to retain access to the device and any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on it. HB 1278 also prohibits employers from taking any adverse action against employees who use their devices in this manner, including revoking access from or prohibiting such employees from future use.

Illinois restricts NDA provisions – HB 3638 amends Illinois’ Workplace Transparency Act (which regulates contractual provisions that limit an employee’s ability to report or make statements about unlawful employment practices, i.e., discrimination, harassment, or retaliation) to further restrict the use of non-disclosure provisions. Under the amendments, unlawful employment practices now include work-related communications regarding wage and hour laws, workplace safety, concerted activities and unfair labor practices. Also under the amendments, confidentiality provisions in severance/settlement agreements must be supported by separate consideration (which now should be separately specified) from that provided for the release of claims.
Illinois expands employer coverage under Illinois Equal Pay Act – Amendments to the Illinois Equal Pay Act, which requires covered businesses to obtain an equal pay registration certificate from the Department of Labor, broaden the definition of a covered employer to include all employers with 100 or more employees working in or reporting to locations or supervisors in Illinois. The law previously only covered private employers required to file an annual employer information EEO-1 report with the U.S. Equal Employment Opportunity Commission.

Illinois Amends E-Verify Law – On December 12, 2025, Illinois enacted SB2339, which amends the Right to Privacy in the Workplace Act to provide that an employer enrolled in the Employment Eligibility Verification System cannot impose work authorization verification requirements greater than those imposed in the Employment Eligibility Verification System. The law, which took effect when enacted, also prohibits an employer who receives notification of a discrepancy as it relates to an employee’s individual taxpayer identification number or other identifying documents from taking an adverse action based solely on the receipt of the notification and requires employers to provide the individual with notice within 5 business days after receipt of the notification. The law also sets forth provisions related to civil penalties, private rights of action, and penalties.

Maine

Maine introduces reporting pay requirements – Effective September 25, 2025, Maine employers with 10 or more employees must provide reporting pay to non-exempt employees who are called in for shifts that are cancelled or reduced. If an employee reports to work for a scheduled shift, and the employer cancels or reduces their scheduled shift, the employee must be paid either two hours of pay at the employee’s regular hourly rate of pay, or the total pay for the shift for which the employee was initially scheduled, whichever is less. Exceptions exist under the law for cases of natural disaster, civil emergency, extreme adverse weather conditions, or due to employee injury or illness.

Maryland

Maryland exempts employers who are covered by the FMLA from state’s unpaid parental leave benefits – Effective October 1, 2025, Senate Bill 785 changes the definition of “employer” to exclude employers who are covered by the federal Family and Medical Leave Act for the current year from being required to provide employees with unpaid parental leave benefits as required under state law.
Maryland expands coverage of military family leave law – Senate Bill 279 expands the coverage of Maryland’s military family leave law to include members of the U.S. Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. The law applies to employers with 50 or more employees.

Minnesota

Minnesota adjusts advance-notice requirements for medical cannabis patients – In June, the Minnesota Legislature passed an omnibus cannabis bill which adds additional requirements to the written notice employers must provide 14 days before taking certain adverse actions related to medical cannabis. As revised, the written notice now must include the specific law or regulation the employer would have violated or the specific monetary or licensing-related benefit the employer would lose if it failed to take the adverse action. The law also introduces a prohibition on retaliation against medical cannabis patients for exercising their rights under the law.

Montana

Montana excludes certain contractual requirements under non-compete law – HB 620 amends Montana’s non-compete prohibition for licensed physicians to provide that the law does not apply to contractual requirements to repay loans, relocation costs, signing bonuses, education expenses, and tuition repayment expenses. The act applies to contracts made or renewed on or after January 1, 2026.

Nebraska

Nebraska issues paid sick leave guidance – Nebraska’s paid sick leave law took effect on October 1, 2025. The Nebraska Department of Labor issued guidance on how the law will be interpreted and enforced. The guidance clarifies the employee coverage exclusions, the definition of “small business,” and how paid sick leave benefits will interact with other paid leaves.

Nevada

Nevada regulates in-home medical service providers — Nevada’s AB 519, effective October 1, 2025, issues substantial regulations relating to healthcare, including regulation of employment agencies that contract to provide certain nonmedical services and agencies that provide personal care services in the home. Amongst other requirements, such employment agencies now must be licensed by the State Board of Health and comply with the regulations within the law as to placing employees or contractors in homes.

New Hampshire

New Hampshire introduces childbirth-related leave – Under HB 2, which goes into effect on January 1, 2026, New Hampshire employers with 20 or more employees will be required to provide employees with up to 25 hours of unpaid leave from work to attend either the employee’s own medical appointments for childbirth or postpartum care or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption.
New Hampshire introduces military spouse protections – Under HB 225, effective January 1, 2026, New Hampshire employers will be required to provide unpaid leave from work for spouses of military service members who are involuntarily mobilized for duty. The law applies to employers with 50 or more employees at a single location in New Hampshire.

New Jersey

New Jersey bans mandatory “captive audience” meetings – On September 3, 2025, New Jersey Governor Murphy signed New Jersey Act 4429, effectively banning employers from holding mandatory meetings with employees concerning, among other issues, union representation, beginning on December 2, 2025.

New York

New York City introduces pay data reporting – On December 4, 2025, the New York City Council enacted amendments that impose additional pay equity reporting obligations on private employers with at least 200 employees that file EEO-1 Component 1 reports with the EEOC. Employers will have one year to submit their first reports but must file subsequent reports on an annual basis thereafter. The amendments also require a designated local agency to conduct annual pay equity studies based on the collected data and publicly release recommendations based on identified pay disparities and trends. The law took effect immediately.

New York City amends paid sick and safe leave requirements and Temporary Schedule Change Act – On October 25, 2025, New York City’s Earned Sick and Safe Time Act (ESSTA) was expanded to address the state’s paid prenatal leave requirements, provide employees with additional unpaid time, and permit more reasons for use of time. Under New York state law, as of January 1, 2025, employers are required to provide 20 hours of paid prenatal leave (“PPL”) to employees. New York City now requires employers to include the PPL entitlement in the sick leave policy and provide a copy to employees upon hire and within 14 days of the effective date of any changes, as well as upon employee request. A new notice has also been issued, which employers must post and provide to new hires and current employees. Employers must maintain records showing that employees received this notice. Finally, employers have to include the amount of PPL used and the balance of remaining PPL on the paystub for each pay period in which an employee uses PPL. Additionally, beginning February 22, 2026, NYC employers will be required to provide 32 hours of unpaid safe and sick time to employees immediately upon hire and at the start of each calendar year. Like paid safe and sick time, there is no waiting period for use. Employers may impose a minimum usage increment of up to four hours per day. The amendments also broaden the permissible reasons for employees to use safe and sick leave under ESSTA to include reasons related to caregiving for a minor child, obtaining subsistence benefits or housing, workplace violence, and public disasters. With respect to the Temporary Schedule Change Act, previously, employers were required to approve up to two temporary schedule changes annually for personal events. These events are now covered under ESSTA’s expanded leave provisions. While employees may still request temporary schedule changes, employers are no longer obligated to approve them but can approve, deny, or propose an alternative to such a request. An employer must respond to an employee’s request as soon as practicable.

New York imposes new requirements on public bidders – Beginning November 5, 2025, State Finance Law 139-m requires bidders on competitive state contracts to have a written Gender-Based Violence workplace policy in place that is provided to all employees and complies with the state’s statutory standards. Bidding companies must submit a statement certifying that they have implemented a written policy and provided it to all employees, including directors and board members. The departments supporting contracts can choose to require certification of as much even if competitive bidding is not required by statute.

New York prohibits “stay-or-pay” agreements – On December 20, 2025, New York Governor Hochul signed into law the “Trapped at Work Act,” which prohibits agreements that require employees to repay to their employer a sum of money if they leave their employment within a specified period of time. The law expressly permits agreements requiring the repayment of advanced sums, repayment for property sold or leased to the worker, agreements tied to sabbatical leave for educational personnel, and agreements negotiated as part of a collective bargaining agreement. The law took effect immediately.

Ohio

Ohio allows online posting of certain workplace notices – Senate Bill 33 provides Ohio employers the option to post state labor law notices electronically, rather than on the premises.

Cleveland, OH introduces pay transparency requirements – Cleveland, Ohio passed an o r dinance imposing salary history restrictions and job posting requirements. The ordinance applies to employers with 15 or more employees within the city of Cleveland, to any posting for a job where the work is performed in Cleveland, and where the application is solicited, received, processed, or considered within the city. Employers cannot inquire about an applicant’s current or prior salary, either directly or through a third party. In addition, job postings must disclose the salary range or scale, including benefits.

Columbus, OH introduces pay transparency requirements – On November 4, 2025, Mayor Andrew Ginther signed an ordinance that introduces new requirements for employers and restricts salary history inquiries. The ordinance applies to employers with 15 or more employees in the City of Columbus and requires covered employers to include a reasonable salary range or scale in all job postings. Employers cannot inquire about an applicant’s current or prior salary, either directly or through a third party. The City Code will be updated on December 3, 2025, but the law will not be enforced until January 1, 2027.

Oregon

Oregon permits deductions for erroneous overpayments under certain conditions – Effective January 1, 2026, SB 968 will permit employers to make deductions from wages of employees not covered by a collective bargaining agreement to recover erroneous overpayments in certain circumstances. The employer must provide a written statement to the employee and obtain the employee’s written acknowledgment of the notice.

Pennsylvania

Pennsylvania prohibits discrimination based on hairstyles and head coverings – On November 25, 2025, Pennsylvania became the 28th state to prohibit discrimination based on hairstyles and head coverings associated with race or religious creed under the state’s new Creating a Respectful and Open World for Natural Hair (CROWN) Act. The CROWN Act amends the definitions of race and religious creed in the Pennsylvania Human Relations Act (PHRA) to include “traits historically associated with the individual’s race, including hair texture and protective hairstyles” and “head coverings and hairstyles historically associated with religious creeds.” Under the Act, protective hairstyles include locs, braids, twists, coils, Bantu knots, afros, and extensions. Employers may implement rules related to hairstyles and head coverings if based on employees’ health or safety, adopted for nondiscriminatory reasons, specifically tailored to the applicable position and activity, and applied equally to individuals whose positions fall under the applicable position and activity. The CROWN Act becomes effective on January 24, 2026.
Pittsburgh, PA expands paid sick leave – Effective January 1, 2026, amendments to the City of Pittsburgh Paid Sick Days Act will increase the minimum requirements of the law. The amendments require employers with 15 or more employees to provide at least 72 hours of paid sick leave per year (previously 40 hours) and employers with fewer than 15 employees to provide 48 hours of paid sick leave per year (previously 24). All employers must allow employees to accrue a minimum of one hour of paid sick leave for every 30 hours worked under the amended law.
Pittsburgh, PA amends equal employment opportunity provisions – File #: 2025-2359 amends Pittsburgh’s antidiscrimination law to clarify the definition of “protected class” includes age; pregnancy, childbirth, related medical conditions, and partnership with pregnant persons; the use or training of service animals; protective hairstyles and hair texture; citizenship or immigration status; preferred language; medical marijuana patients; and housing status. The amendments took effect November 12, 2025.

Philadelphia, PA expands protections under local ‘Ban the Box’ law – Amendments to Philadelphia’s Fair Criminal Record Screening Standards Law are slated to take effect January 6, 2026 and will limit the information employers may consider when hiring new workers. Previously, the law permitted consideration of conviction information that is older than seven years from the date of the inquiry. While employers will still be allowed to consider felony convictions that are less than seven years old, the amendments reduce this lookback period for misdemeanor convictions to four years. The amendments also prohibit considering offenses that do not rise to the level of a felony or misdemeanor or considering expunged or sealed convictions. Employers must also provide applicants with notice of their intention to perform background checks during the hiring process and inform applicants that an individualized assessment of the background check will be performed based on the individual’s specific record and the duties of the job. The amendments also require employers to allow employees to submit evidence of rehabilitation and mitigation prior to taking an adverse action based on the results of a background check.
Philadelphia, PA prohibits discrimination on the basis of menopause, menstruation, and perimenopause – On December 3, 2025, Philadelphia enacted Bill No. 250849, amending the city’s anti-discrimination ordinance to explicitly protect employees from discrimination on the basis of menstruation, perimenopause, and menopause. The amendments also make it unlawful to deny an employee a reasonable accommodation for needs related to menstruation, perimenopause, and menopause if the symptoms substantially interfere with an employee’s ability to perform their job functions. The bill takes effect January 1, 2027.

Rhode Island

Rhode Island prohibits captive audience meetings – As we previously reported on here and here, a growing number of states have enacted legislation banning mandatory group meetings. Rhode Island joined this growing list on July 2, 2025 by enacting H 5506, which prohibits employers from requiring an employee’s attendance at meetings regarding religious and political matters. The law took effect immediately and defines “political matters” as any topic unrelated to the employer’s business activities, including an employee’s “decision whether to join or support any political party or political, civic, community, fraternal or labor organization.”
Rhode Island adds bone marrow transplant and organ donor protections – Under House Bill 6065, employees who are unable to work because they are a bone marrow transplant or a living organ donor will be eligible for Rhode Island’s temporary caregiver insurance benefits on and after January 1, 2026. Additionally, full-time employees (those working an average of 30 or more hours per week) of employers with 50 or more employees are eligible for job-protected leave for purposes of bone marrow and/or organ donation; the maximum duration of leave is five days for bone marrow donation and thirty days for organ donation.

Rhode Island defines “retail business” for premium pay purposes – On July 28, 2025, the Rhode Island Department of Labor and Training issued new rules clarifying the obligation of employers to pay premium pay to employees who work on Sundays and holidays. Rhode Island generally requires overtime pay for nonexempt employees who work more than 30 hours in a week and premium pay for work on Sundays and certain holidays. A “retail business” employer, however, is permitted to count the Sunday/holiday premium towards overtime pay; however, Rhode Island law did not define “retail business.” Under the rules, which took effect on August 17, 2025, “retail businesses” are “engaged primarily in the sale of goods or services directly to the general public” but not businesses engaged primarily in resale, wholesale transactions, or manufacturing, restaurants, and wholesale operations that serve other businesses.
Rhode Island expands qualifying reasons for temporary caregiver leave – Effective January 1, 2026, Rhode Island employees will be eligible to receive temporary caregiver insurance benefits for absences from work to care for a seriously ill sibling. Under SB 947aa, “sibling” includes biological, half-, step-, foster, and adopted siblings. The law also increases the benefit rate payable to eligible individuals for calendar years starting in 2027.

Texas

Texas soft launches AI regulations – Although the Texas Responsible Artificial Intelligence Governance Act is not aimed directly at private employers who use AI systems to assist with employment-related decisions, the bill prohibits the development and deployment of AI systems that intentionally discriminate against a protected class in violation of federal or state law. The law will take effect on January 1, 2026, subject to any legal challenges.
Texas restricts physician noncompetes – SB 1318 amends Texas’ previous “reasonableness” standards for physician noncompetes. The law now provides a noncompete covenant will be unenforceable unless it provides for a buyout of the covenant, expires within one year, limits the geographical area subject to the covenant to a five-mile geographic scope, and is written in clear and conspicuous terms. The law imposes similarly stringent restrictions on non-competes for health care practitioners, including dentists, nurses, and physician’s assistants. The law took effect on September 1, 2025, and applies to agreements entered into on or after that date.
Texas prohibits nondisclosure / confidentiality agreements for claims of sexual abuse – On September 1, 2025, Senate Bill 835 took effect in Texas, prohibiting nondisclosure and confidentiality provisions of any agreements (including employment and settlement agreements) that seek to prohibit an individual from disclosing an “act of sexual abuse” as defined in the law.

Washington

Washington limits ability to require driver’s license – As of July 27, 2025, S.B. 5501 prohibits Washington employers from requiring a valid driver’s license as a condition of employment, and from including a statement in a job posting that an applicant must have a valid driver’s license, unless driving is one of the essential job functions or is related to a legitimate business purpose for a position.
Washington expands crime victim leave to include hate crimes – Effective January 1, 2026, SB 51010 expands access to leave and safety accommodations to include workers who are victims of hate crimes under Washington’s Domestic Violence Leave Act. The law defines “hate crime” as the commission, attempted commission, or alleged commission of an assault, property damage, or threats based on the perpetrator’s perception of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability.