Menopause Workplace Protections in California: What Employees Should Know About AB 1940

Workplace rights in California are changing rapidly, and lawmakers are finally turning their attention to issues like menopause, which has been ignored for too long. Assembly Bill 1940 (AB 1940) could be a real game-changer if it is enacted. This bill focuses on how menopause is treated under employment law, giving employees clearer rights and more leverage when they are dealing with menopause at work.

Expanding the Definition of Sex Discrimination

California’s Fair Employment and Housing Act (FEHA) already bans sex discrimination, but AB 1940 seeks to clarify and expand those protections. The bill proposes to include perimenopause, menopause, and postmenopause in its definition of “sex.” 

Indeed, some menopause-related conditions might already count as disabilities. However, the law has not always been clear. AB 1940 erases the gray area: if you are treated unfairly because of menopause, that is discrimination. 

So what would it mean for employees if AB 1940 is enacted? It would mean that if an employer fires, demotes, harasses, or denies you an opportunity due to menopause-related symptoms, you have legal protections.

What Qualifies as a Menopause-Related Workplace Issue?

Menopause brings different symptoms, such as fatigue, brain fog, trouble sleeping, and severe hot flashes, all of which can affect your daily work. Under AB 1940, your employer could be required to offer reasonable adjustments to help you keep doing your job.

Examples of accommodations may include:

• Letting you work flexible hours
• Offering extra rest breaks
• Adjusting workplace temperature
• Modifying your job duties
• Giving you medical leave when needed

If you request an accommodation, your employer should not ignore you. By law, they need to engage in an “interactive process” with you and find a workable solution.

Why AB 1940 Is Important for Employees

One of the biggest impacts of AB 1940 is increased awareness. The bill requires the development of updated workplace notices and a statewide public education campaign to inform employees of their rights. This is critical because many employees do not realize that menopause could already fall under disability or sex discrimination rules.

Additionally, clearer statutory language strengthens legal claims. Employees who experience discrimination or a failure to accommodate will have a more direct basis for pursuing action under FEHA.

What Employees Should Do if They Face Issues

If you think your employer is being unfair because of menopause-related issues, start by writing everything down, including dates, emails, comments, and who saw what. Make sure you ask for any accommodations in writing, and note down how your employer responds.