AB1940 - Unlawful practices: discrimination: menopause.

Amended IN Senate August 21, 2026 Amended IN Senate August 13, 2026 Amended IN Senate June 23, 2026 Amended IN Senate June 04, 2026 Amended IN Assembly May 18, 2026 Amended IN Assembly April 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1940 Introduced by Assembly Member Calderon (Coauthors: Assembly Members Bauer-Kahan, Connolly, Davies, Elhawary, Kalra, Pacheco, Papan, Patel, Pellerin, Schiavo, Stefani, and Ortega) (Coauthor: Senator Hurtado) February 13, 2026 An act to amend Section 51 of the Civil Code, and to amend Sections 12926 and 12950 of the Government Code, relating to civil rights. LEGISLATIVE COUNSEL'S DIGEST AB 1940, as amended, Calderon. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 51 of the Civil Code is amended to read: 51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and no matter what 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 of every kind whatsoever. (c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information. (d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (e) For purposes of this section: (1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code. (2) (A) “Genetic information” means, with respect to any individual, information about any of the following: (i) The individual’s genetic tests. (ii) The genetic tests of family members of the individual. (iii) The manifestation of a disease or disorder in family members of the individual. (B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (C) “Genetic information” does not include information about the sex or age of any individual. (3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code. (4) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (5) “Religion” includes all aspects of religious belief, observance, and practice. (6) (A) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (B) “Medical condition,” as used in this paragraph, includes, but is not limited to, the conditions included in the definition of “medical condition” set forth in subdivision (i) of Section 12926 of the Government Code. (7) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following: (A) Any combination of those characteristics. (B) A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics. (C) A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories. (8) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code. (f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section. (g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section. (h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632. SEC. 1.5. Section 51 of the Civil Code is amended to read: 51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and no matter what 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 of every kind whatsoever. (c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information. (d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (e) For purposes of this section: (1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code. (2) (A) “Genetic information” means, with respect to any individual, information about any of the following: (i) The individual’s genetic tests. (ii) The genetic tests of family members of the individual. (iii) The manifestation of a disease or disorder in family members of the individual. (B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (C) “Genetic information” does not include information about the sex or age of any individual. (3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code. (4) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (5) “Religion” includes all aspects of religious belief, observance, and practice. (6) (A) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. childbirth, and any characteristic in paragraph (3) of subdivision (b) of Section 14.1. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (B) “Medical condition,” as used in this paragraph, includes, but is not limited to, the conditions included in the definition of “medical condition” set forth in subdivision (i) of Section 12926 of the Government Code. (7) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following: (A) Any combination of those characteristics. (B) A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics. (C) A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories. (8) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code. (f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section. (g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section. (h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632. SEC. 2. Section 12926 of the Government Code is amended to read: 12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. (b) “Age” refers to the chronological age of any individual who has reached a 40th birthday. (c) Except as provided by Section 12926.05, “employee” does not include any individual employed by that person’s parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. (d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: “Employer” does not include a religious association or corpora [Text truncated for display. Full text available on Congress.gov.]