Assembly Bill (AB) 1940, introduced in February 2026, represents a potentially significant development in California employment law. If enacted, this legislation would expressly include perimenopause, menopause, and postmenopause within the definition of “sex” under the California Fair Employment and Housing Act (FEHA), making discrimination based on these conditions an unlawful employment practice.

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...

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