AB 1940: Unlawful practices: discrimination: menopause.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment and housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory practices based on those characteristics unlawful. The FEHA also declares that its purpose is to provide effective remedies that will eliminate these discriminatory practices.

The FEHA defines terms used in connection with unlawful practices. These include “sex,” which includes pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, and breastfeeding or medical conditions related to breastfeeding.

This bill would include perimenopause, menopause, or postmenopause or other related medical conditions within the above definition of sex.

The FEHA separately defines the term “medical condition” to mean either a health impairment related to or associated with a diagnosis of cancer or a record or history of cancer or specified genetic characteristics.

The Unruh Civil Rights Act (Unruh Act) establishes that all persons within the jurisdiction of the state are free and equal and, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as prescribed. The Unruh Act defines “sex” to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.

This bill would provide that “medical condition” as used in the definition of “sex” in FEHA and the Unruh Act includes, but is not limited to, the conditions included in the definition of “medical condition” in FEHA.

Sponsors

Sponsors by party (alphabetical): Democratic 13 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 30, 2026Vetoed by Governor.
2. September 8, 2026Enrolled and presented to the Governor at 3:30 p.m.
3. August 28, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 9. Page 6810.).
4. August 27, 2026In Assembly. Concurrence in Senate amendments pending.
5. August 27, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1.).
6. August 24, 2026Read second time. Ordered to third reading.
7. August 21, 2026Read third time and amended. Ordered to second reading.
8. August 17, 2026Read second time. Ordered to third reading.
9. August 13, 2026Read second time and amended. Ordered returned to second reading.
10. August 13, 2026From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 13).
11. August 3, 2026In committee: Referred to APPR. suspense file.
12. July 1, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 1). Re-referred to Com. on APPR.