Last year, some California lawmakers tried and failed to get protections against discrimination against employees experiencing the symptoms of menopause, as well as better insurance coverage for menopause care, added to the law when Gov. Gavin Newsom vetoed the legislation. This year, they’re trying again with a less costly and more narrowly defined piece of legislation.
The governor, who faced some public blowback after his veto, has already taken steps in his proposed 2026-27 state budget to add resources like greater insurance coverage as well as more education and resources for those experiencing perimenopause, menopause, and post-menopause. It has been estimated that the U.S. loses $1.8 billion in productivity annually due to “menopause-related challenges.”
How would the law change?
The new legislation is focused on the workplace. Specifically, it would amend the state’s Fair Employment and Housing Act (FEHA) to provide protections for those experiencing harassment and discrimination in the workplace based on menopause and related conditions.
The FEHA already prohibits discrimination based on protected characteristics, including sex. The proposed change would broaden the characteristic of “sex” to include “perimenopause, menopause, or postmenopause or medical conditions related to [them].” The legislation (AB 1940) would mandate other actions by the state and in the private sector to raise awareness of the changes in the law.
If the legislation passes both chambers and Gov. Newsom signs it, it’s scheduled to take effect July 1, 2027. For California employers, however, it’s always smart to protect employees from all types of discrimination and harassment – even if it’s over something not specifically protected under the law.
While there will still be specific steps that need to be taken if and when the law changes, it should be an easy transition for responsible employers to make. Having experienced and consistent legal guidance can help businesses of all sizes avoid costly and reputation-harming discrimination claims.