California’s Proposed Menopause Workplace Protections: What Employers Need to Know About AB 1940

Quick Hits

• California legislation (AB 1940) would add perimenopause, menopause, and postmenopause to the definition of “sex” under the Fair Employment and Housing Act, making discrimination based on these conditions unlawful.
• If AB 1940 is enacted, employers may want to prepare for an increase in accommodation requests related to menopause systems such as hot flashes and fatigue.
• AB 1940’s explicit statutory protections may lead to heightened enforcement activity by the California Civil Rights Department.

Summary of AB 1940

The bill would make three primary changes to California law. First, and most significantly, AB 1940 would amend Section 12926 of the Government Code to expand the definition of “sex” under FEHA. Currently, the definition of “sex” includes pregnancy, childbirth, breastfeeding, and medical conditions related to these childbearing stages. Under AB 1940, this definition would be broadened to include “perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.”

Second, the bill would require the Civil Rights Department to update its workplace discrimination poster by July 1, 2027, to notify women of their rights and protections regarding perimenopause, menopause, postmenopause, and related medical conditions.

Third, AB 1940 would mandate that the Office of Community Partnerships and Strategic Communications raise awareness of employment rights for women experiencing these conditions by July 1, 2027. This includes developing and distributing public education materials explaining workplace protections applicable to employees experiencing menopause-related symptoms, including rights related to reasonable accommodations, medical leave, disability discrimination, and retaliation under state and federal law. The office would be required to provide culturally competent and linguistically appropriate outreach, making materials available in languages required by state law and tailoring messaging to reach diverse communities, including women of color, low-income workers, immigrant workers, and older workers. Additionally, the office would be required to conduct statewide public awareness campaigns to educate both employees and employers about menopause in the workplace, with an emphasis on reducing stigma, promoting understanding, and encouraging compliance with existing employment laws.

Impact on California Employers

The potential implications of AB 1940 for California employers could be substantial. By explicitly including menopause-related conditions within the definition of “sex,” the bill clarifies that discrimination, harassment, or failing to accommodate employees experiencing these conditions would constitute sex-based discrimination under FEHA. This means that employers with five or more employees would be prohibited from taking adverse employment actions against individuals because of perimenopause, menopause, or postmenopause.

Employers may face an increase in accommodation requests from employees experiencing menopause-related symptoms if AB 1940 is enacted. The bill’s public education campaign specifically informs employees of their rights to reasonable accommodations for menopause-related symptoms. Under existing FEHA provisions, reasonable accommodations may include job restructuring, part-time or modified work schedules, reassignment to a vacant position, and other similar modifications. Employers may expect requests for schedule flexibility, temperature adjustments, additional breaks, or other workplace modifications to address symptoms such as hot flashes, fatigue, or difficulty concentrating.

The bill also heightens litigation risk. AB 1940 would codify menopause-related protections, thus providing a clearer legal basis for employees to bring discrimination claims. Employers that fail to engage in the interactive process or provide reasonable accommodations would face liability for sex-based discrimination. The explicit statutory protection would likely result in increased enforcement activity by the Civil Rights Department and greater employee awareness of legal remedies, including the right to file complaints and seek legal, medical, or workplace support.

Conclusion

AB 1940 reflects California’s continuing commitment to expand workplace protections for protected groups. Other jurisdictions have also moved to expand workplace protections to cover women experiencing menopause-related symptoms, including Illinois, Rhode Island, and Philadelphia.

Ogletree Deakins’ California offices and Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will post updates on the California and Leaves of Absence blogs as additional information becomes available.

In addition, the Ogletree Deakins Client Portal covers developments in Protected Characteristics, including menopause protections, under federal, state, and major locality laws. All client-users have access to Snapshots and Updates. Premium and Advanced subscribers have access to updated policy templates. For more information on the Client Portal or a Client Portal subscription, please reach out to clientportal@ogletree.com.

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