California lawmakers recently introduced AB 1940 (Calderon), a bill that would explicitly add perimenopause, menopause, post-menopause, and related medical conditions to the definition of “sex” under the California Fair Employment and Housing Act (FEHA).

Although FEHA already protects against sex discrimination and covers pregnancy- and childbirth-related conditions, AB 1940 would make menopause-related conditions unmistakably part of that framework. If enacted, the message to employers is clear: menopause-related workplace issues will be treated as protected-status matters under FEHA.

The Key Provisions

AB 1940 would:

1. Amend Government Code section 12926

            The bill adds perimenopause, menopause, post-menopause, and related medical conditions to FEHA’s definition of “sex.” That means adverse action, harassment, or failure to accommodate related to menopause symptoms could trigger sex discrimination claims.

2. Require a poster update by July 1, 2027

            The Civil Rights Department (CRD) would be required to update its discrimination poster to notify employees of rights and protections related to menopause.

3. Mandate statewide outreach and education

            The Governor’s Office of Service and Community Engagement would be required to conduct multilingual, culturally competent public education campaigns about menopause-related workplace rights, including accommodations, medical leave, disability protections, and anti-retaliation provisions.

So What?

Even before this bill, menopause-related symptoms could fall under disability law depending on severity. AB 1940 simply removes any ambiguity and puts menopause squarely in the “sex discrimination” category.

That matters because common workplace scenarios can quickly become risk points:

• A strong performer begins experiencing brain fog, fatigue, anxiety, migraines, or sleep disruption
• Attendance becomes inconsistent
• A manager makes an age- or hormone-related comments
• An employee requests schedule flexibility, remote work, cooling accommodations, or additional breaks
• Performance counseling begins before HR evaluates whether a medical condition is involved

Once menopause is expressly tied to “sex,” stray comments, delayed accommodations, or inconsistent handling could support discrimination, harassment, and/or retaliation claims.

What Should Employers Do Now?

Train leaders on appropriate responses. Leaders should not comment on age, hormones, or menopause — even casually. If an employee raises medical symptoms, supervisors should pause and involve HR rather than push forward with discipline.

Strengthen your interactive process. Common menopause-related accommodations may include temperature adjustments, schedule modifications, intermittent leave, or remote work flexibility. Treat these requests the same way as any FEHA accommodation request: engage promptly, document the dialogue, assess essential functions, and evaluate reasonable options.

Review attendance and performance systems. Rigid point systems or aggressive productivity metrics can create exposure if there is no structured exception process for protected leave or disability-related absences.

Address workplace culture. The larger risk often is not the accommodation itself, but coworker reactions or leader bias. Harassment or subtle exclusion tied to age or menopause-related stereotypes could create liability under a sex-based theory.

The Bottom Line

AB 1940 reflects a broader trend toward making menopause a visible workplace compliance issue. If it passes, enforcement agencies and employees will have clearer statutory language to rely on.

The smart move is proactive: train your leaders, tighten your interactive process, and ensure menopause-related issues are handled with the same rigor as pregnancy and other protected medical conditions.

Prevention is always far less expensive than defense.