For many years, menopause was considered fodder for jokes – even by women. While it still is among some, in general, people are now more aware of how much it affects some women’s lives. As women – like men – stay in the workplace later in life, this is important to understand.
Now, California lawmakers are considering legislation that would amend the state’s Fair Employment and Housing Act (FEHA) to provide protections for employees experiencing menopause and postmenopause, as well as perimenopause, from harassment and discrimination in the workplace.
What would the proposed law do?
The FEHA makes discrimination based on certain characteristics illegal. One of those is sex. Under the current law, that includes pregnancy, childbirth, breastfeeding and medical conditions related to those things.
The legislation would extend the FEHA’s definition of “sex” to include “Perimenopause, menopause, or postmenopause or medical conditions related to [them].” Assemblymember Lisa Calderon, who introduced the bill (AB 1940), said that it “makes it clear that no one should face discrimination or harassment because of a natural biological transition….”
The assemblymember explained, “When workers understand their rights and businesses understand their responsibilities, we create healthier workplaces and retain experienced employees who are vital to our economy.” It has been estimated that the U.S. loses some $1.8 billion every year in productivity due to “menopause-related challenges.”
More proposed steps to raise awareness
In addition to making these additions to FEHA, the legislation would mandate other actions by the state and other parties to raise awareness of the rights of women under the amended law. These include:
- “Developing and distributing public education materials that clearly explain employment rights and workplace protections” under state and federal law, including the right to reasonable accommodation.
- “Providing referrals to enforcement and support resources, including information on how employees may file complaints, seek accommodations, or access legal, medical, or workplace support related to menopause-related employment issues.”
If the bill passes and is signed into law, it’s scheduled to take effect July 1, 2027. Of course, responsible employers already don’t engage in or condone discrimination or harassment of any kind. Therefore, for them, this shouldn’t affect how they manage their workplaces.
Still, business owners need to stay informed about California’s ever-changing employment legal landscape. Having reliable legal guidance can help avoid costly and time-consuming discrimination claims.