AB2563 - Sex discrimination: scope.

Amended IN Senate August 21, 2026 Amended IN Assembly May 18, 2026 Amended IN Assembly April 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2563 Introduced by Assembly Member Pacheco (Coauthor: (Coauthors: Assembly Member Members Calderon and Zbur) February 20, 2026 An act to add Section 14.3 to the Business and Professions Code, to amend Section 51 of, and to add Section 14.1 to, the Civil Code, to add Section 17.5 to the Code of Civil Procedure, to add Section 1207 to the Commercial Code, to add Section 12.4 to the Corporations Code, to add Sections 212.4 and 66262.4 to the Education Code, to add Section 353.7 to the Elections Code, to add Section 212 to the Evidence Code, to add Section 136 to the Family Code, to add Section 23 to the Financial Code, to add Section 9.4 to the Fish and Game Code, to add Section 52 to the Food and Agricultural Code, to amend Section 12926 of, and to add Section 27 to, the Government Code, to add Section 26 to the Harbors and Navigation Code, to add Section 29 to the Health and Safety Code, to add Section 49 to the Insurance Code, to add Section 12.3 to the Labor Code, to add Section 20 to the Military and Veterans Code, to add Section 5.5 to the Penal Code, to add Section 71 to the Probate Code, to add Section 1105 to the Public Contract Code, to add Section 19 to the Public Resources Code, to add Section 23 to the Public Utilities Code, to add Section 12.3 to the Revenue and Taxation Code, to add Section 37 to the Streets and Highways Code, to add Section 23 to the Unemployment Insurance Code, to add Section 552 to the Vehicle Code, to add Section 27 to the Water Code, and to add Section 28 to the Welfare and Institutions Code, relating to sex discrimination. LEGISLATIVE COUNSEL'S DIGEST AB 2563, as amended, Pacheco. Sex discrimination: scope. (1) The United States and California Constitutions guarantee all persons the right to equal protection of the laws. The California Constitution further recognizes the right of all persons to pursue and obtain safety, happiness, and privacy, guarantees an individual’s reproductive freedom in their most intimate decisions, and prohibits disqualification of a person from entering or pursuing a business, profession, vocation, or employment because of, among other things, sex. This bill would require, under all state laws, that any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination be interpreted to prohibit sex discrimination. The bill would define “sex discrimination” to include, among other things, discrimination based on any of specified actual or perceived characteristics or actions, including based on degree of conformity to sex or gender stereotypes. This bill would provide that this interpretation reflects the existing protections of specified state constitutional laws, as described above. The bill would require these provisions to be liberally construed to effectuate the purposes of these constitutional protections. The bill would make related findings and declarations. (2) Existing law, the Unruh Civil Rights Act (act), provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability status, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. That act defines “sex” to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would further define, for purposes of the act, “sex” to include any characteristics set forth under the above-described definition of “sex discrimination.” (3) Existing law, the California Fair Employment and Housing Act (FEHA), makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Civil Rights Department. The FEHA defines various terms in connection with unlawful practices, including the term “sex.” This bill would further define “sex” to include any characteristics set forth under the above-described definition of “sex discrimination.” (4) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. (5) This bill would include certain provisions that become operative only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Section 12926 of the Government Code. In that regard, the bill would expand the above-described definition of “sex discrimination” to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause. 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. The Legislature finds and declares that this bill is declarative of existing law and is not intended to expand or contract any existing rights or responsibilities. SEC. 2. Section 14.3 is added to the Business and Professions Code, to read: 14.3. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of sex discrimination, gender discrimination, or similar discrimination, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “Sex discrimination” includes, but is not limited to, discrimination based on any of the following actual or perceived characteristics or actions: (A) Assigned sex or gender category, including female, male, or nonbinary. (B) Degree of conformity to sex or gender stereotypes. (C) Gender, including gender identity, gender expression, and access to, and use of, gender affirming care and other related health care. (D) Pregnancy or related medical conditions. (E) Decisionmaking, access to care, or potential or actual use of a drug, device, product, or service relating to pregnancy or related medical conditions. (F) Sexual orientation. (G) Variations in sex characteristics, including intersex traits or differences in sex development. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 2.5. Section 14.3 is added to the Business and Professions Code, to read: 14.3. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of sex discrimination, gender discrimination, or similar discrimination, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “Sex discrimination” includes, but is not limited to, discrimination based on any of the following actual or perceived characteristics or actions: (A) Assigned sex or gender category, including female, male, or nonbinary. (B) Degree of conformity to sex or gender stereotypes. (C) Gender, including gender identity, gender expression, and access to, and use of, gender affirming care and other related health care. (D) Pregnancy or related medical conditions. (E) Decisionmaking, access to care, or potential or actual use of a drug, device, product, or service relating to pregnancy or related medical conditions. (F) Sexual orientation. (G) Variations in sex characteristics, including intersex traits or differences in sex development. (H) Perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 3. Section 14.1 is added to the Civil Code, to read: 14.1. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of sex discrimination, gender discrimination, or similar discrimination, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “Sex discrimination” includes, but is not limited to, discrimination based on any of the following actual or perceived characteristics or actions: (A) Assigned sex or gender category, including female, male, or nonbinary. (B) Degree of conformity to sex or gender stereotypes. (C) Gender, including gender identity, gender expression, and access to, and use of, gender affirming care and other related health care. (D) Pregnancy or related medical conditions. (E) Decisionmaking, access to care, or potential or actual use of a drug, device, product, or service relating to pregnancy or related medical conditions. (F) Sexual orientation. (G) Variations in sex characteristics, including intersex traits or differences in sex development. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 3.5. Section 14.1 is added to the Civil Code, to read: 14.1. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of sex discrimination, gender discrimination, or similar discrimination, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “Sex discrimination” includes, but is not limited to, discrimination based on any of the following actual or perceived characteristics or actions: (A) Assigned sex or gender category, including female, male, or nonbinary. (B) Degree of conformity to sex or gender stereotypes. (C) Gender, including gender identity, gender expression, and access to, and use of, gender affirming care and other related health care. (D) Pregnancy or related medical conditions. (E) Decisionmaking, access to care, or potential or actual use of a drug, device, product, or service relating to pregnancy or related medical conditions. (F) Sexual orientation. (G) Variations in sex characteristics, including intersex traits or differences in sex development. (H) Perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 4 [Text truncated for display. Full text available on Congress.gov.]