AB 1940 — 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 Text

• Enrolled 09/02/26 - Enrolled html September 02, 2026
• Amended 08/21/26 - Amended Senate html August 21, 2026
• Amended 08/13/26 - Amended Senate html August 13, 2026
• Amended 06/23/26 - Amended Senate Current pdf June 23, 2026
• Amended 06/04/26 - Amended Senate pdf June 04, 2026
• Amended 05/18/26 - Amended Assembly pdf May 18, 2026
• Amended 04/23/26 - Amended Assembly pdf April 23, 2026
• Introduced 02/13/26 - Introduced pdf February 13, 2026
• AB1940 View text html

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 3 section(s) of the California codes: Section 51 of the Civil Code; Section 12926 of the Government Code; Section 12950 of the Government Code.

• Section 51 of the Civil Code

  childbirth. → SEC. 1.5. Section 51 of the Civil Code is amended to read: (A) childbirth, and any characteristic in paragraph (3) of subdivision (b) of Section 14.1. (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.

  amended

• Section 12926 of the Government Code

  SEC. 2.5. Section 12926 of the Government Code is amended to read: (D) Perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause. (3) “Sex” also includes any characteristics listed in paragraph (3) of subdivision (b) of Section 27.(4) “Medical condition,” as used in this subdivision, includes, but is not limited to, the conditions included in the definition of “medical condition” set forth in subdivision (i).

  amended

• Section 12950 of the Government Code

  SEC. 4. SEC. 5.

  amended

Action History

1. September 30, 2026

   Vetoed by Governor.

2. September 08, 2026

   Enrolled and presented to the Governor at 3:30 p.m.

3. August 28, 2026

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 9. Page 6810.).

4. August 27, 2026

   In Assembly. Concurrence in Senate amendments pending.

5. August 27, 2026

   Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1.).

6. August 24, 2026

   Read second time. Ordered to third reading.

7. August 21, 2026

   Read third time and amended. Ordered to second reading.

8. August 17, 2026

   Read second time. Ordered to third reading.

9. August 13, 2026

   Read second time and amended. Ordered returned to second reading.

10. August 13, 2026

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 13).

11. August 03, 2026

    In committee: Referred to APPR. suspense file.

12. July 01, 2026

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 1). Re-referred to Com. on APPR.

13. June 23, 2026

    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.

14. June 17, 2026

    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.

15. June 04, 2026

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

16. June 03, 2026

    Referred to Coms. on JUD. and L., P.E. & R.

17. May 27, 2026

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 26, 2026

    Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 9.)

19. May 19, 2026

    Read second time. Ordered to third reading.

20. May 18, 2026

    Read second time and amended. Ordered returned to second reading.

21. May 14, 2026

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 14).

22. May 06, 2026

    In committee: Set, first hearing. Referred to APPR. suspense file.

23. April 27, 2026

    Re-referred to Com. on APPR.

24. April 23, 2026

    Read second time and amended.

25. April 22, 2026

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 21).

26. April 13, 2026

    In committee: Set, first hearing. Hearing canceled at the request of author.

27. March 19, 2026

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 18). Re-referred to Com. on JUD.

28. March 19, 2026

    Coauthors revised.

29. March 02, 2026

    Referred to Coms. on L. & E. and JUD.

30. February 14, 2026

    From printer. May be heard in committee March 16.

31. February 13, 2026

    Read first time. To print.

Sponsors

• Hurtado · Cosponsor
• Liz Ortega · Cosponsor
• Pilar Schiavo · Cosponsor
• Gail Pellerin · Cosponsor
• Darshana R. Patel · Cosponsor
• Sade Elhawary · Cosponsor
• Laurie Davies · Cosponsor
• Rebecca Bauer-Kahan · Cosponsor
• Lisa Calderon · Primary
• Catherine Stefani · Cosponsor
• Blanca Pacheco · Cosponsor

Votes

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