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, including termination, demotion, or denial of accommodation, based on these conditions.
- Requires Updated Workplace Posters. By July 1, 2027, the Civil Rights Department (CRD) would be required to update its mandatory workplace discrimination poster to inform employees of their rights regarding perimenopause, menopause, postmenopause, and related conditions.
- Mandates a Statewide Public Awareness Campaign. Also by July 1, 2027, the Office of Community Partnerships and Strategic Communications would be required to develop and distribute public education materials on menopause-related workplace protections, including rights related to reasonable accommodations, medical leave, and retaliation. Outreach must be culturally competent, linguistically accessible, and tailored to reach diverse communities, including women of color, low-income workers, immigrant workers, and older workers.
What This Means for Employers
California law already provides some protection to employees experiencing menopause-related symptoms. AB 1940 does not create an entirely new framework; rather, it codifies and clarifies existing protections. If passed, conditions such as severe hot flashes, sleep disruption, fatigue, or difficulty concentrating may qualify as disabilities under FEHA, triggering the interactive process and accommodation obligations.
That said, explicit statutory language carries real consequences. Employers can expect:
- More accommodation requests. The bill’s public awareness campaign is designed to reach employees who may not know their rights. Employers may see an uptick in requests tied to symptoms such as hot flashes, fatigue, difficulty concentrating, and schedule irregularities.
- Heightened litigation risk. Codifying these protections provides employees with a clearer statutory basis for discrimination and failure-to-accommodate claims. Employers who fail to engage in the interactive process or take adverse action based on menopause-related conditions may face increased exposure under FEHA.
- Increased CRD enforcement activity. Explicit statutory protections give the CRD a clearer basis to investigate complaints, and the bill’s outreach mandate is likely to increase employee awareness of the right to file them.
Relevant accommodations in this context may include schedule flexibility, additional breaks, temperature adjustments, modified duties, or leave under the California Family Rights Act (CFRA) or other applicable leave laws.
A Growing Trend
California is not acting in isolation. Illinois, Rhode Island, and Philadelphia have each moved to expand workplace protections for employees experiencing menopause-related conditions, reflecting a broader national shift toward addressing menopause as a workplace issue.
What Employers Should Do Now
AB 1940 has passed the Assembly Labor and Employment Committee and is now pending before the Assembly Judiciary Committee. Many of the bill’s protections, however, reflect rights that already exist under California law. Employers should consider taking the following steps in advance of any final legislation:
- Reviewing accommodation and leave policies to confirm they are broad enough to cover menopause-related conditions.
- Training HR and managers on recognizing and responding to menopause-related accommodation requests, including how to initiate and document the interactive process.
- Auditing past or pending accommodation requests that may involve menopause-related symptoms to assess whether the interactive process was properly engaged.
- Monitoring the bill’s progress and preparing to update mandatory workplace posters once the CRD issues revised notices.
The legislative direction in this area is clear. In addition to AB 1940, Governor Newsom’s 2026-27 budget proposal includes companion provisions to expand access to menopause-related health care coverage. Employers should take this opportunity to assess whether their existing accommodation and anti-discrimination policies are equipped to address menopause-related conditions and whether their organizations are prepared to recognize and respond to related requests.
