AB 1940: California Moves to Expressly Protect Employees Experiencing Menopause Under FEHA

Why It Matters

By formally recognizing menopause as a protected characteristic, AB 1940 strengthens employee rights and creates clearer compliance obligations, increasing potential liability for California employers.

Key Takeaways

• AB 1940 adds menopause to FEHA’s definition of sex
• Employers must update posters by July 1 2027
• Statewide campaign will raise awareness, likely increasing accommodation requests
• Failure to accommodate may boost FEHA litigation risk
• Illinois, Rhode Island, Philadelphia already expanding menopause protections

Pulse Analysis

California’s labor market is confronting a demographic shift as more women reach mid‑life, prompting lawmakers to address menopause in the workplace. The Fair Employment and Housing Act already protects pregnancy and related conditions, but the language has been vague about menopause. AB 1940 aims to close that gap by explicitly defining perimenopause, menopause and postmenopause as sex‑based categories, aligning state law with emerging medical consensus that severe menopausal symptoms can constitute a disability. This legislative move reflects a growing recognition that hormonal changes affect productivity, attendance and workplace safety, and it signals to employers that the legal landscape is evolving beyond traditional gender‑based protections.

If enacted, AB 1940 will impose concrete compliance steps. Employers with five or more workers must revise the mandatory CRD poster by mid‑2027, ensuring that all staff are aware of their right to reasonable accommodations such as flexible scheduling, temperature controls, or additional breaks. The mandated public‑awareness campaign is expected to educate a broader employee base, especially women of color, low‑income and immigrant workers, likely leading to a surge in accommodation requests. Companies that neglect the interactive process or retaliate risk heightened FEHA lawsuits, as the statute will provide a clearer evidentiary basis for discrimination claims. Legal counsel should begin auditing existing policies, training managers, and documenting accommodation dialogues to mitigate exposure.

AB 1940 is part of a national trend, with jurisdictions like Illinois, Rhode Island and Philadelphia already extending similar protections. For businesses operating across state lines, the bill underscores the need for a unified, proactive approach to menopause accommodations rather than a patchwork of state‑specific responses. Aligning HR policies with best‑practice guidelines—such as offering flexible work hours, climate‑controlled environments, and clear leave options—can reduce litigation risk and improve employee retention. As the demographic profile of the workforce continues to age, forward‑looking employers that embed menopause considerations into their diversity, equity and inclusion frameworks will gain a competitive advantage while staying ahead of regulatory requirements.