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AB 1940: Menopause May Be Included in FEHA’s Definition of “Sex”

California lawmakers recently introduced AB 1940 (Calderon), a bill that would explicitly add perimenopause, menopause, post-menopause, and related medical conditions to the definition of “sex” under the California Fair Employment and Housing Act (FEHA). Although FEHA already protects against sex discrimination and covers pregnancy- and childbirth-related conditions, AB 1940 would make menopause-related conditions unmistakably part of that framework. If enacted, the message to employers is clear: menopause-related workplace issues will be treated as protected-status matters under FEHA. The Key Provisions AB 1940 would: Amend Government Code section 12926             The bill adds perimenopause, menopause, post-menopause, and related medical conditions to FEHA’s definition of “sex.” That means adverse action, harassment, or failure to accommodate related to menopause symptoms could trigger sex discrimination claims. Require a poster ...