AB 1940: California Moves to Expressly Protect Employees Experiencing Menopause Under FEHA
California lawmakers introduced Assembly Bill 1940 ( AB 1940 ) in February 2026 to expressly include perimenopause, menopause, and postmenopause within the definition of “sex” under the California Fair Employment and Housing Act (FEHA). If enacted, the bill would remove any ambiguity as to whether menopause-related conditions are covered and would put employers on clear notice that discrimination, harassment, or failure to accommodate employees experiencing these conditions may constitute unlawful sex-based discrimination. What AB 1940 Does The bill would make three primary changes to California law. Expands the Definition of “Sex” Under FEHA . AB 1940 would amend Government Code section 12926 to add perimenopause, menopause, postmenopause, and related medical conditions to FEHA’s existing definition of “sex,” which currently includes pregnancy, childbirth, and breastfeeding. Employers with five or more employees would be expressly prohibited from taking adverse actions, inc...