Compliance Stuff

California employers are caught between two legal systems that are moving in opposite directions.   The Trump administration has reshaped U.S. Equal Employment Opportunity Commission enforcement priorities, dialing back protections for transgender employees; revoking guidance on harassment; and asserting that diversity, equity, and inclusion initiatives may violate Title VII of the 1964 Civil Rights Act . California has moved in the opposite direction over the past several years, codifying and actively enforcing protections under the Fair Employment and Housing Act and related regulations that expressly guarantee transgender employees the right to access restrooms and other facilities consistent with their gender identity and the right to be addressed by names and pronouns corresponding to their gender identity or expression.  Title VII sets a floor, not a ceiling. So, California employers should remain diligent to meet the requirements of state and federal law, even...

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...

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 ...

Takeaways The new regulations apply to all employers in California and pertain to any automated decision system — not just advanced “AI” tools, but also those using selection criteria for hiring, promotions or training. Employers are prohibited from using automated decision system (ADS) or criteria that result in discrimination based on protected categories under FEHA and must accommodate religious and disability needs. Employers should consider conducting bias audits of their ADS. Related links Civil Rights Council Secures Approval for Regulations to Protect Against Employment Discrimination Related to Artificial Intelligence Navigating California’s New Regulations on Automated Decision-Making Tools Article California’s Civil Rights Department finalized regulations to curb the discriminatory impacts of artificial intelligence and automated decision-making in the workplace. The  regulations apply to all employers in California  and  take effect on  Oct. 1, 2025 . The...

Managing employee medical leaves can be one of the most confusing challenges for California employers. You want to support your team, but what happens when the time off just keeps getting extended, with no clear return date? The good news: California law does not require you to grant indefinite leave as a reasonable accommodation. A recent Court of Appeal decision,  Manos v. J. Paul Getty Trust , reinforces this important principle under the Fair Employment and Housing Act (FEHA). What the Law Requires When employees exhaust protected leave under the FMLA, CFRA, or other laws, employers still need to consider whether the ADA or FEHA require additional accommodations. Sometimes that means more unpaid leave—but only if there’s a real expectation that the time off will help the employee return to work. The law is clear: Leave may be a reasonable accommodation if it’s likely to allow the employee to come back and perform the essential functions of their position. Employers are not req...

At a Glance Revisions to Title 2 of the California Code of Regulations will govern the use of AI-based tools in California starting October 1, 2025. Among other things, the regulations define the scope of AI-driven (and other) automated decision-making systems (ADS), clarify what constitutes discriminatory use of ADS, require anti-bias testing of ADS, impose new recordkeeping requirements, and discuss affirmative defenses to employer liability. The final regulations are less burdensome than the original draft, but still impose several new compliance requirements for employers. On June 30, 2025, the California Civil Rights Council (“CRC” or “Council”) secured final approval for revisions to Title 2 of the California Code of Regulations, which governs administration of the California Civil Rights Department (CRD). These regulations interpret California’s Fair Employment and Housing Act’s (FEHA) prohibitions against discrimination in recruitment, hiring, promotion, training and terminatio...