What's Happening?
California lawmakers have introduced Assembly Bill 1940 (AB 1940) to amend the California Fair Employment and Housing Act (FEHA) by explicitly including perimenopause, menopause, and postmenopause within the definition of 'sex'. This legislative move
aims to remove ambiguity regarding menopause-related conditions and ensure that discrimination, harassment, or failure to accommodate employees experiencing these conditions is recognized as unlawful sex-based discrimination. The bill mandates updates to workplace discrimination posters and a statewide public awareness campaign to educate employees about their rights. The campaign will focus on reaching diverse communities, including women of color, low-income workers, immigrant workers, and older workers.
Why It's Important?
AB 1940 represents a significant advancement in workplace rights, particularly for women experiencing menopause-related symptoms. By codifying these protections, the bill provides a clearer statutory basis for discrimination and failure-to-accommodate claims, potentially leading to increased litigation and enforcement activity. Employers will need to adapt by reviewing accommodation policies and training staff to handle menopause-related requests. This legislative effort reflects a growing trend across the U.S. to address menopause as a workplace issue, with similar measures being considered in other states. The bill underscores the importance of inclusive workplace policies that recognize and accommodate the diverse needs of employees.
What's Next?
AB 1940 has passed the Assembly Labor and Employment Committee and is pending before the Assembly Judiciary Committee. Employers are advised to proactively review their accommodation and leave policies to ensure they cover menopause-related conditions. Training for HR and managers on recognizing and responding to related accommodation requests is recommended. Monitoring the bill's progress and preparing to update workplace posters once revised notices are issued will be crucial. Additionally, Governor Newsom's budget proposal includes provisions to expand access to menopause-related healthcare coverage, indicating a comprehensive approach to addressing this issue.
