Ogletree Deakins - California AB 1940: What Employers Need to Know

Tier 2: Professional organization or credentialed expert guidance
Publisher: Ogletree Deakins · Published: September 13, 2026 · Accessed: September 13, 2026

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Claims this source supports

• AB 1940 would expand FEHA's definition of 'sex' to include perimenopause, menopause, postmenopause and medical conditions related to them, making discrimination based on these conditions unlawful.
• Employers with five or more employees would be prohibited from taking adverse employment actions against individuals because of perimenopause, menopause or postmenopause.
• Under existing FEHA provisions, reasonable accommodations may include job restructuring, part-time or modified work schedules, reassignment to a vacant position, and other similar modifications.
• Employers that fail to engage in the interactive process or provide reasonable accommodations would face liability for sex-based discrimination, and the explicit statutory protection may increase enforcement activity by the Civil Rights Department.
• Other jurisdictions have expanded menopause-related workplace protections, including Illinois, Rhode Island and Philadelphia.