Disclaimer: The following article is provided for informational and educational purposes only and does not constitute legal advice. The legislative landscape is rapidly evolving, and the application of these laws depends on the specific facts of each business. Employers should consult with qualified legal counsel before making any policy changes or employment decisions based on this information.
Current Status Assembly Bill 1940 was introduced in the Assembly in February 2026 and is currently pending in the Labor and Employment and Judiciary Committees. The bill aligns with a growing national trend to expand specific workplace health protections and holds a high likelihood of passage in California.
Employment Litigator Comments AB 1940 is deeply concerning for defense litigators because it effectively medicalizes the natural aging process for female employees, transforming routine performance management into a high-risk endeavor. Litigators warn that if an employee’s attendance drops or performance suffers due to “brain fog” or fatigue, managers who initiate disciplinary action without first inquiring about medical accommodations will face severe sex and disability discrimination lawsuits under the Fair Employment and Housing Act (FEHA).
Business Community Comments While the business community generally supports anti-discrimination principles, employers express severe compliance fatigue regarding the hyper-specific expansion of protected classes. Employers are particularly concerned that accommodating menopause-related conditions, which are highly subjective, variable, and can last for years, will substantially impact scheduling predictability, operational efficiency, and coverage, particularly in shift-based industries like manufacturing, healthcare, and retail.
Nuts and Bolts of the Requirements AB 1940 explicitly adds perimenopause, menopause, postmenopause, and related medical conditions to the definition of “sex” under FEHA. This classifies discrimination, harassment, or retaliation based on these conditions as an unlawful employment practice. It triggers the legal requirement for employers to engage in a timely, good-faith interactive process to identify reasonable accommodations for these conditions (such as cooling equipment, flexible schedules, or extended breaks). The bill also mandates updates to the state’s employment discrimination poster by July 2027.
Compliance Guidance
HR departments must proactively update their reasonable accommodation matrices. Managers and supervisors must be explicitly trained never to initiate performance improvement plans or terminate a female employee exhibiting cognitive or physical fatigue without first formally documenting an offer to engage in the interactive accommodation process.
Why You Need to Work With a Business Attorney Because of This Bill
If this bill passes, working with a business attorney is essential to prevent costly FEHA litigation. Counsel can help prepare your business by completely overhauling your employee handbook and anti-discrimination policies to reflect this new protected class. An attorney can also help establish standardized, legally compliant procedures for conducting the interactive process specifically tailored to menopause symptoms, ensuring that any accommodations granted are reasonable and do not impose an undue hardship on your business operations.