In addition to our last post on Training Reminders and Related Bills to Watch About Training, here are some upcoming bills to watch dealing with FEHA and/or CFRA.
AB 1940: Menopause-Related FEHA Protections
AB 1940 has passed in both houses and is now en route (or already at) Governor Newsom’s desk for signature. This legislation expressly includes perimenopause, menopause, and postmenopause within the definition of “sex” under the California Fair Employment and Housing Act (FEHA), making discrimination based on these conditions an unlawful employment practice. Currently, the definition of “sex” includes pregnancy, childbirth, breastfeeding, and medical conditions related to these childbearing stages. Under AB 1940, this definition is broadened to include “perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.”
Takeaway: If enacted, employers may want to prepare for an increase in accommodation requests related to menopause systems such as hot flashes, brain fog, and fatigue. AB 1940’s explicit statutory protections may lead to heightened enforcement activity by the California Civil Rights Department. Bill Text – AB-1940 Unlawful practices: discrimination: menopause.
Query: Are protections for monthly menstruation next?
Reminders: If enacted, employers will need to:
- Update their EEO and anti-discrimination policies.
- Update their manager/HR training and accommodation procedures.
- Replace required workplace discrimination poster published by the California Civil Rights Department when the revised version becomes available so that employees are informed about protections concerning menopause and related medical conditions.
SB 1149: Expanded Bereavement Leave for ‘Designated Persons‘
AB 1949 amended the CFRA to require covered employers to provide eligible employees with up to five days of bereavement leave for family members defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. However, the law did not extend to chosen family members – individuals who may not be related by blood, but whose relationship is equivalent to family. This new bill would expand covered bereavement leave to include the death of a “designated person” like it already does for CFRA leaves (other than bereavement). A designated person includes a blood relative or someone whose association with the employee is equivalent to a family relationship. Covered employees would be entitled to up to five days of bereavement leave for such a death. Employers may limit an employee to one designated person per 12-month period for bereavement leave. The leave is unpaid, but job protected under California law.
Takeaway: If enacted, employees could request bereavement leave for a non‑blood relative (especially older adults, LGBTQ+ individuals, or immigrants) who they consider family, without having to choose between mourning and keeping their job. Bill Text: CA SB1149 | 2025-2026 | Regular Session | Amended | LegiScan.
Bottom Line: AB 1940 has cleared the legislature and is on the Governor’s desk for signature. SB 1149 is alive and moving though not yet enacted. Employers may want to put it on their 2027 handbook watch list and, if it is signed, California Bereavement Leave policy language should be revised to add “designated person” to the definition of family member. Be on the lookout for our next blog post “Bills to Watch Dealing With AI, Ads and Surveillance.”
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