Menopause Workplace Rights | What the California AB 1940 Veto Means for You
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[00:00:00] Hello, hello, hello. It's Tafiq Akhir, Mr. Menopause here, your go-to source for reliable menopause and healthy aging support that is evidence-informed and unbiased. Now, today, um, we need to talk, right? Because On September 30th, California Governor Gavin Newsom vetoed Assembly Bill 1940, legislation that would have explicitly recognized perimenopause, menopause, post-menopause, and related medical conditions under California civil rights law.
And yes, I have some thoughts about this. But before I tell you what I think and share what's actually happening, please be sure to hit the subscribe button, because it does help me to continue to bring high-level menopause education to each of you every week. Now, my motto above anything else is education before intervention, because you cannot have an informed conversation about something if you don't actually understand what's happening.
So [00:01:00] let's make this make sense. So what was AB 1940? Well, it was authored by California Assembly member Lisa Calderon, and the bill would have explicitly included perimenopause, menopause, post-menopause, and related medical conditions within the definition of sex under California's Fair Employment and Housing Act.
Now, listen to what I just said, because I said explicitly included, and that matters, and we're gonna come back to that in a moment. Because what we're really talking about here is recognition, right? Menopause is already happening in workplaces every single day. Women are working while navigating hot flashes and sleep disruption, uh, brain fog, changes in concentration, severe migraines, anxiety, and many other symptoms that are associated with the menopause transition.
Some women will barely be affected. Some women will experience symptoms that significantly impact their day-to-day life. [00:02:00] But many will probably fall somewhere in between all that, because there is no one-size-fits-all menopause experience, and there also certainly is no one-size-fits-all solution either.
And that's part of what this conversation is really all about, right? Now, here's where things get interesting, though, because California already has extensive workplace protections in place. Governor Newsom's veto does not mean that women experiencing menopause suddenly have no workplace protections or rights in California.
That would be inaccurate. In fact, that's actually one of the arguments against the bill. But there's a difference between something potentially being covered under existing law and something being explicitly recognized, right? And unfortunately, look, I've seen all this happen before, because earlier this year, I consulted with Virginia Delegate Kathy Tran and her team around menopause-related workplace legislation [00:03:00] in Virginia Virginia HB117 and SB258 would have explicitly addressed perimenopause and menopause within the Virginia Human Rights Act.
And those bills were vetoed by Virginia Governor Gabbadale Span- Gab- Abigail Spanberger, excuse me, as well. In fact, that experience is why I wrote my position paper, which is called Menopause at Work: The Case for Employer Support and Legislative Recognition. And now, here I am in California watching another menopause workplace bill make its way through legislature and get passed, but then ultimately vetoed by the governor.
Different state, different governor, different legislation, but there is a common argument running through both situations. And essentially, they're saying that women already have protections. And listen, I'm not arguing that existing civil right laws provide women no protection. That's not my argument. My argument is that the existing protection does not [00:04:00] explicitly recognize perimenopause, menopause, or related conditions.
And look, if menopause is already protected, why are we afraid to name it? Seriously. If women should not be discriminated against because of something that's related to perimenopause or menopause, what exactly is the problem with explicit- explicitly recognizing that? Because look, naming something matters.
Recognition matters, and clarity matters. We name pregnancy, we name childbirth, we name breastfeeding, right? Menopause deserves to be part of that conversation as well And while California and Virginia have dropped the ball on this front, there are other cities and states that have made some great strides in providing the support and the protections through legislation and policy that can lead to meaningful change and, in some cases, already has.
Rhode Island now explicitly includes menopause and menopause-related conditions [00:05:00] within its workplace protections, requiring employees to provide reasonable accommodations, unless doing so would create an undue hardship, right? Philadelphia has also taken action. Beginning January 1st, 2027, the city's Fair Practices Ordience, Ordinance will explicitly protect employees from discrimination related to menstruation, perimenopause, and menopause, and require reasonable accommodations when s- symptoms substantially interfere with employees' ability to perform one or more job functions.
Illinois has gone even further with this Menopause Equity and Care Act, signed into law in August. The law addresses menopause across several areas, including workplace protections, education, and access to menopause-related healthcare coverage. And Washington Governor Bob Ferguson signed an executive order in June directing state agencies to strengthen policies and practices [00:06:00] around menopause and perimenopause accommodations, while also developing education, training, and guidance that can be used by public and private employers.
So while California and Virginia have chosen not to move forward with legislation, other states and cities are showing us that menopause can be recognized in workplace policy without treating women as less capable, lowering expectations, or even creating an unnecessary burden for employers either. And this is what progression can look like.
And hopefully, what we're seeing in Rhode Island, Philadelphia, Illinois, and Washington will encourage more states and cities to follow. You know, menopause isn't some obscure issue. It's- Not a rare condition affecting a tiny percentage of women, right? It's a normal life transition that approximately half of the population will experience at some point in their lives.
And menopause is a [00:07:00] whole life transition. It can affect physical health, cognitive health, emotional health, sleep, relationships, confidence, lifestyle, home life, social life, and yes, work life. Women have been navigating menopause while working for generations. The issue isn't whether women can work during menopause.
Of course, they can, right? The issue is whether women have the support, the resources, and the backing that they need to successfully navigate menopause in the workplace, and whether the people and support systems around them understand menopause well enough to provide the support and w- and the, and the, and the resources when they're needed.
And look, that's a different conversation. But, you know, here's why I think we keep getting it wrong. Because too often we wait until there's a problem before we start talking about things, or even about menopause itself. A woman may be [00:08:00] experiencing symptoms, but she doesn't understand. Her manager may not understand what's happening or what to do either.
Her HR team may not have the educational resources available to help. And now everyone's trying to scramble and figure out what to do after the fact. So the question is, why are we waiting until then? This is why education before intervention is important. Educate leadership, educate managers, educate HR, educate the women going through the transition, and clearly, we need to educate policymakers as well.
Because a manager cannot appropriately respond to something that they don't understand. An employer cannot provide meaningful support and resources around something they don't understand. Policymakers cannot create informed policy around something they don't fully understand, and a woman cannot effectively advocate for herself if she doesn't understand what she's experiencing either, [00:09:00] or what questions to ask, or, or what other options might even be available to her.
And let me just say this to employers out there. If you are an employer and you're watching this, please don't look at this veto and think, "Well, I guess menopause is something that we don't need to address," because you absolutely do need to address it. Your employees are still going through menopause.
The veto doesn't change that. You have women in your workforce right now who are navigating perimenopause and menopause. Some are managers, some are executives. Some have been with your organization for 10, 15, 20 years Some even hold tremendous institutional knowledge, and many are navigating menopause during the same years that they're building careers, leading teams, taking on new responsibilities, and contributing their knowledge and expertise to your organization.
So give them [00:10:00] access to appropriate workplace resources. Make sure managers understand menopause. Make sure HR understands and provides the right resources. And create an environment where a woman can ask for support when she needs it without menopause being treated like something strange, embarrassing, or inappropriate to discuss.
That's what workplace menopause support can look like. And yes, that's good for women, but it is also great for business, and that's the part many people miss. And to the women watching, I don't want you hearing any of this and thinking, "Well, the bill was vetoed, so I guess I have no workplace rights." No, that's not what this means.
Your protections will depend on your individual circumstances, your employer, the existing California f- and federal laws, and what you're experiencing. And look, since I'm not an employee attorney, I'm gonna stay in my lane right now. So if you believe that you're experiencing [00:11:00] discrimination or in need of accommodation, get qualified guidance about your specific situation especially, and even talk to your HR.
You never know, there may be something in place. But where do we go now, right? Governor Newsom vetoed AB 1940. Okay, but that does not end the conversation, because menopause does deserve explicit recognition in workplace protections. Recognition creates visibility. Visibility creates conversation.
Conversation leads to education, and education is what leads to change. And look, I wanna direct this right at the governor, right? Um- You know, Governor Newsom, you got this one wrong. Existing protection is not the same thing as explicit recognition. Women should not have to figure out whether menopause fits into a law that never actually names what they're experiencing.
Employers shouldn't have to guess what is in the policy, [00:12:00] and policymakers shouldn't be guessing either. And another statement that you made pointed to menopause-related healthcare and covered init- initiatives that California has already prioritized through the state budget, and I want to acknowledge that because expanding access to appropriate menopause care is extremely important.
But I do have a question, because what does funding menopause healthcare and coverage through the state budget have to do with explicitly recognizing menopause within workplace civil rights protections? AB 1940 wasn't a healthcare coverage bill. It was legislation addressing discrimination and explicit recognition under California's Fair Employment and Housing Act.
The healthcare initiatives you prioritize through the budget address access to healthcare, coverage, awareness, and provider education, and those are important issues, but they don't answer the separate question of whether perimenopause, [00:13:00] menopause, and post-menopause should be explicitly recognized within workplace civil rights law.
And unless there's a significant phys- fiscal impact from AB 1940 that I'm missing, I think that that deserves an explanation, because a woman can have access to appropriate menopause healthcare and still work in an environment where her manager doesn't understand menopause, or HR doesn't understand how existing protections apply to her, or she herself doesn't understand whether what she's experiencing is protected or not.
So I absolutely support California investing in better menopause healthcare. That's a no-brainer. But I don't see that as a substitute for the workplace recognition AB 1940 was trying to address. And that brings me right back to my point. Existing protection is not the same thing as explicit recognition.
Women need clarity, women need [00:14:00] appropriate support and resources, and women need explicit recognition. You know- The work that I do in menopause really became a life mission for me when I recognized the connection between what women were experiencing today and the same suffering and struggling that I watched my mom go through during her menopause transition back when I was a teenager.
And I think about my mom now, and if she were going through menopause today, and if she was in a workplace where she couldn't get the support that she needed, how would she feel? How would I feel watching her go through that suffering and struggling again? And that's why this is personal to me. But I do have to say, this is not about politics, right?
This is about women. It's about their health. It's about their careers, and it's about making sure that a normal life transition that is experienced by millions of women is no longer overlooked simply because we've gotten used [00:15:00] to overlooking it. Women have been an integral part of my life in shaping the man that I am today.
From my mom, my godmother, and my sister who helped to raise me, to the many female supervisors and bosses that I've worked under for years, to the women that I've served through menopause, healthy aging, hormone health, and weight management for the past two decades. And what I can tell you for sure is this: they deserve better.
Menopause is a whole life transition, and work is part of life. So workplace support has to be part of the conversation. So again, please be sure to subscribe and share this episode, like the episode, any one of those things that you'd like to do. Again, it does help me to continue to bring this tremendous important menopause work to you each and every week.
So thank you so much for joining me live today. I hope you'll join me live next week on Wednesday at 5:00 PM Pacific [00:16:00] Standard Time. Once again, my name is Tafiq Akhir, Mr. Menopause here, your go-to source for reliable, unbiased, and evidence-based menopause support and information. Until next time, stay safe and be well
