AB 1940: Unlawful practices: discrimination: menopause.

(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.

(2)Existing law requires the Civil Rights Department to provide a poster on discrimination in employment to an employer or a member of the public upon request. Existing law requires the poster to be available at each office of the department and requires each employer to post the poster in a prominent and accessible location in the workplace, as prescribed.

This bill would require the department, on or before July 1, 2027, to update the poster to notify people of their rights and protections in regard to perimenopause, menopause, postmenopause, or related medical conditions.

(3)This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last.