Compliance Stuff

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...

When an employee requests a reasonable accommodation for a health condition, it may be confusing for employers to parse out the various privacy protections embedded in the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), and  42 CFR Part 2 (Part 2),  a federal regulation restricting the disclosure of substance use disorder records. This article will explain the legal obligations under the three standards and how they intersect in this tricky area of compliance. Quick Hits The ADA, HIPAA, and the 42 CFR  Part 2 regulation  seek to protect patients’ private medical information with different requirements for healthcare providers and employers. When employers receive a request for a reasonable accommodation, they can request a doctor’s letter or limited medical records for which there is a business need for the information. Non-healthcare employers typically are not subject to HIPAA and Part 2 for their employment...

You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1 . In addition to changing the measurement of allowable THC levels, HB46 adds qualifying health conditions, authorizes more dispensaries, and expands permissible cannabis products (like lotions and some vapes). This means Texas employers will likely see an uptick in employee cannabis use and accommodation requests . Notably, the new law does not provide employment protections – but there are some key risks to note. So, now is a good time to review and potentially revise your drug testing and accommodation policies to ensure you’re ready for the changes and understand the legal risks . Here’s what you need to know about the Texas Compassionate-Use Program and four things you should consider doing before September 1. Quick Download for Employers The upcoming revisions to the Texas Compassionate-U...

Takeaways A federal court in Texas vacated the gender identity portions of the EEOC’s harassment guidance. Uncertainty remains about issues like sex-designated restrooms and personal pronouns, but employers should continue to require employees to treat everyone with respect. Employers also should consider carefully all accommodation requests and always engage in the interactive process. Related links Enforcement Guidance on Harassment in the Workplace Texas v. Equal Employment Opportunity Comm’n  (opinion) New Presidential EO Says Federal Government Recognizes ‘Two Sexes’ Only Bostock v. Clayton County  (opinion) Oncale v. Sundowner Offshore Servs., Inc.  (opinion) Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government  (executive order) U.S. Supreme Court to Hear Arguments on LGBTQ+ Workplace Protections under Title VII Article A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the...