AB 1940 California Assembly · 2025-2026 Regular Session

Unlawful practices: discrimination: menopause.

Summary
(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.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Aug 2026
Assembly Passage
May 2026
Senate Passage
Aug 2026
Governor
Introduced Feb 13, 2026 Last action Aug 28, 2026
Maddy AI version diff · 7 comparisons

What changed between versions

08/13/26 - Amended Senate 08/21/26 - Amended Senate · 4 edits · Aug 21, 2026
MODERATE
The August 21 amendment to AB 1940 removes the new Government Code section that would have required the Commission on the Status of Women and Girls to conduct menopause workplace awareness activities starting in 2027, removes an explicit exclusion that kept FEHA's 'medical condition' definition (cancer and genetic characteristics) from applying to the 'sex' definitions in both FEHA and the Unruh Act, and adds conditional provisions incorporating changes proposed by AB 2563 into both the Unruh Act and FEHA if both bills are enacted with this bill last.
Scope change
The bill's scope narrowed by removing the menopause awareness mandate for the Commission on the Status of Women and Girls, but broadened in a different direction by removing the explicit wall between FEHA's medical condition definition and sex-based protections, and by conditionally incorporating AB 2563 changes that expand the Unruh Act's sex definition.
SCOPE

Removed new Section 8245.5 of the Government Code, which would have required the Commission on the Status of Women and Girls to develop public education materials, conduct outreach campaigns, coordinate with state agencies, partner with community organizations, and evaluate effectiveness regarding menopause-related employment rights beginning July 1, 2027.

Added SEC. 1.5, a conditional amendment to Section 51 of the Civil Code (Unruh Act) that incorporates changes proposed by AB 2563, including adding 'any characteristic in paragraph (3) of subdivision (b) of Section 14.1' to the definition of sex. Operative only if both bills are enacted and this bill is enacted last.

Added a conditional provision incorporating additional changes to Section 12926 of the Government Code proposed by AB 2563, operative only if both bills are enacted and this bill is enacted last.

DEFINITION

Removed the explicit provision in Section 12926(i) stating that FEHA's 'medical condition' definition (cancer-related impairments and genetic characteristics) does not apply to the definition of 'sex' in FEHA or the Unruh Act. This means those conditions now fall within the scope of sex-based protections.

Floor votes · Senate Aug 27, 2026 · Assembly May 27, 2026

How they voted

301
Passed · 9 other
Total votes 40
Aug 27, 2026
D Democratic30
28 Yea 2
93% Yea
R Republican10
2 Yea 1 Nay 7
20% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
13
Committee
10
Amendments
11
Aug 28, 2026
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 9.).
lower
Aug 27, 2026
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 27, 2026
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1.).
upper
Aug 21, 2026
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 13, 2026
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Aug 13, 2026
Introduced
From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 13).
upper
Aug 3, 2026
Committee
In committee: Referred to APPR. suspense file.
upper
Jul 1, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 1). Re-referred to Com. on APPR.
upper
Jun 23, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
upper
Jun 17, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 9. Noes 0.) (June 16). Re-referred to Com. on L., P.E. & R.
upper
Jun 4, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 3, 2026
Committee
Referred to Coms. on JUD. and L., P.E. & R.
upper
May 27, 2026
Assembly · Passed
Assembly Vote: pass (60-9-10)
assembly
May 26, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 9.)
lower
May 18, 2026
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 14, 2026
Introduced
From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 14).
lower
May 6, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 27, 2026
Committee
Re-referred to Com. on APPR.
lower
Apr 23, 2026
Lower · Passed
Read second time and amended.
lower
Apr 22, 2026
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 21).
lower
Apr 13, 2026
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 19, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 18). Re-referred to Com. on JUD.
lower
Mar 2, 2026
Committee
Referred to Coms. on L. & E. and JUD.
lower
Feb 14, 2026
Lower · Passed
From printer. May be heard in committee March 16.
lower
1 primary · 13 co-sponsors

Sponsors