AB 2563 California Assembly · 2025-2026 Regular Session

Sex discrimination: scope.

Summary

(1) The United States and California Constitutions guarantee all persons the right to equal protection of the laws. The California Constitution further recognizes the right of all persons to pursue and obtain safety, happiness, and privacy, guarantees an individual's reproductive freedom in their most intimate decisions, and prohibits disqualification of a person from entering or pursuing a business, profession, vocation, or employment because of, among other things, sex. This bill would require, under all state laws, that any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination be interpreted to prohibit sex discrimination. The bill would define "sex discrimination" to include, among other things, discrimination based on any of specified actual or perceived characteristics or actions, including based on degree of conformity to sex or gender stereotypes. This bill would provide that this interpretation reflects the existing protections of specified state constitutional laws, as described above. The bill would require these provisions to be liberally construed to effectuate the purposes of these constitutional protections. The bill would make related findings and declarations. (2) Existing law, the Unruh Civil Rights Act (act) , provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability status, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. That act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would further define, for purposes of the act, "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (3) Existing law, the California Fair Employment and Housing Act (FEHA) , makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Civil Rights Department. The FEHA defines various terms in connection with unlawful practices, including the term "sex." This bill would further define "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (4) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. (5) This bill would include certain provisions that become operative only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Section 12926 of the Government Code. In that regard, the bill would expand the above-described definition of "sex discrimination" to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.

Issues: ✓ Labor & Employment

Bill status passed both 4 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Jun 2026

Assembly Passage

May 2026

Senate Passage

Aug 2026

Governor

Introduced Feb 20, 2026 Last action Aug 30, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

08/21/26 - Amended Senate → AB2563 · 5 edits

MODERATE

The diff shows the entire text of AB 2563 as amended in Senate (August 21, 2026) being removed and replaced with a new version. The visible portion contains only deletions; the corresponding additions fall beyond the truncation point (912 of 5649 lines shown). The bill establishes a comprehensive statewide definition of sex discrimination to be applied across virtually every California code, covering gender identity, gender expression, pregnancy-related conditions, sexual orientation, intersex traits, and conformity to sex stereotypes. It also includes conditional provisions that add menopause and perimenopause protections only if companion bill AB 1940 is enacted first.

Scope change

The bill's scope is extremely broad: it inserts identical interpretive definitions into nearly every major California code, effectively creating a single statewide standard for what constitutes sex discrimination that applies to all state laws prohibiting sex or gender discrimination. The conditional AB 1940 provisions add a second tier of protection (menopause-related) that depends on the enactment sequence of two separate bills.

SCOPE

The bill applies a uniform definition of sex discrimination across approximately 25 different California codes (Business and Professions, Civil, Code of Civil Procedure, Commercial, Corporations, Education, Elections, Evidence, Family, Financial, Fish and Game, Food and Agricultural, Government, Harbors and Navigation, Health and Safety, Insurance, Labor, Military and Veterans, Penal, Probate, Public Contract, Public Resources, Public Utilities, Revenue and Taxation, Streets and Highways, Unemployment Insurance, Vehicle Code, Water, and Welfare and Institutions), making it one of the broadest single-bill anti-discrimination expansions in California law.

DEFINITION

Defines sex discrimination to include discrimination based on: assigned sex or gender category (female, male, nonbinary); degree of conformity to sex or gender stereotypes; gender identity and expression including access to gender-affirming care; pregnancy and related medical conditions (childbirth, abortion, lactation, miscarriage, fertility, contraception); decisionmaking about or use of drugs/devices/services relating to pregnancy; sexual orientation; and variations in sex characteristics including intersex traits.

TIMELINE

Includes conditional provisions (Sections 2.5, 3.5, 4.5, 5.5, 6.5, 7.5, 8.5) that add menopause, perimenopause, and postmenopause to the definition of sex discrimination only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Government Code Section 12926. If AB 1940 is not enacted first, the base version without menopause protections applies.

REQUIREMENT

Amends the Unruh Civil Rights Act (Civil Code Section 51) to expand the definition of sex to include all characteristics in the new sex discrimination definition, and adds a provision that medical condition includes conditions from FEHA's definition. Also amends FEHA (Government Code Section 12926) similarly.

ENFORCEMENT

Provides that where there is a conflict between the new sections and other provisions in the same code regarding the scope of sex or gender discrimination, the provision providing greater protection to individuals shall prevail. Also states the sections shall not impair any broader existing civil rights protection.

05/18/26 - Amended Assembly → 08/21/26 - Amended Senate · 6 edits · Aug 21, 2026

MODERATE

The Senate amendment to AB 2563 adds a new protected category covering perimenopause, menopause, postmenopause, and related medical conditions to the definition of sex discrimination across multiple codes. It also introduces a parallel set of conditional sections (numbered with .5 suffixes) that incorporate changes from companion bill AB 1940, operative only if both bills are enacted and this bill is enacted last. The conflict-resolution standard was changed from a 'narrower scope' test to a 'greater protections' standard.

Scope change

The bill's scope expanded to explicitly protect people from discrimination based on perimenopause, menopause, and postmenopause. Additionally, the bill now operates in coordination with AB 1940 through conditional sections that may expand protections further depending on enactment order, making the final scope contingent on legislative timing.

DEFINITION

A new category (H) was added to the definition of 'sex discrimination' in every affected code section, covering 'perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.' This extends anti-discrimination protections to people experiencing these life stages.

In the FEHA cross-reference (Government Code Section 12926), the phrase 'actual or perceived' was removed from the digest description of how 'sex' is further defined. The statutory definition list itself still includes 'actual or perceived characteristics or actions,' so this appears to be a clarification that the listed categories already encompass both actual and perceived traits.

SCOPE

A parallel set of conditional sections (14.3, 14.1, 17.5, 1207 with .5 suffixes) was added throughout the bill. These versions incorporate additional changes proposed by AB 1940 and become operative only if both bills are enacted and AB 2563 is enacted last. This creates a two-track structure where the final operative text depends on the relative enactment order of the two bills.

Assembly Member Calderon was added as a coauthor alongside Assembly Member Zbur, indicating broader legislative support for the bill in the Senate version.

REQUIREMENT

The conflict-resolution rule in every code section was changed from 'the provisions of this section shall prevail over provisions with a narrower scope' to 'the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail.' This shifts the standard from a simple breadth comparison to a substantive 'greater protections' test.

TECHNICAL

In the conditional (AB 1940) version of Civil Code Section 51, subdivision (e)(6) was restructured into subparts (A) and (B), with (B) explicitly incorporating the Government Code definition of 'medical condition' from Section 12926(i) into the Unruh Civil Rights Act's sex discrimination protections.

04/09/26 - Amended Assembly → 05/18/26 - Amended Assembly · 4 edits · May 18, 2026

MODERATE

AB 2563 was amended to add a new Section 1 declaring the bill is 'declarative of existing law' and not intended to expand or contract any existing rights or responsibilities. The conflict-resolution language in every code section was changed from a rule that the new definition simply prevails over narrower provisions to a rule that whichever provision results in greater protections for individuals prevails. A new anti-diminishment clause was also added stating the sections shall not impair or diminish any other civil rights protection that is broader in scope.

SCOPE

A new Section 1 was added containing legislative findings and declarations that the bill is declarative of existing law and is not intended to expand or contract any existing rights or responsibilities. This reframes the entire bill as a restatement rather than a creation of new rights.

REQUIREMENT

In every code section (Business and Professions Code 14.3, Civil Code 14.1, Code of Civil Procedure 17.5, Commercial Code 1207, Corporations Code 12.4, Education Code 212.4 and 66262.4, Elections Code 353.7, Evidence Code 212, Family Code 136, Financial Code 23, Fish and Game Code 9.4, and others), the conflict-resolution rule was changed. Previously it stated that the new section's definition of sex discrimination prevails over provisions with a narrower scope. Now it states that whichever provision results in greater protections of individuals based on sex, gender, or similar discrimination shall prevail.

A new subsection (a)(3) was added to every code section stating: 'This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope.' This ensures the new definitions cannot be used to reduce protections already available under other laws.

TECHNICAL

All section numbers were renumbered by one (old Section 1 became Section 2, old Section 2 became Section 3, etc.) to accommodate the new findings section. A typo in the operative clause was also corrected: 'add Section 212.4 Sections 212.4 and 66262.4' was fixed to 'add Sections 212.4 and 66262.4.'

Floor votes · Senate Aug 27, 2026 · Assembly May 27, 2026

How they voted

30–10

Passed

Total votes 40

Aug 27, 2026

D Democratic30

30 Yea

100% Yea

R Republican10

10 Nay

100% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Aug 30, 2026

Lower · Passed

Senate amendments concurred in. To Engrossing and Enrolling.

lower

Aug 28, 2026

Introduced

In Assembly. Concurrence in Senate amendments pending.

lower

Aug 27, 2026

Upper · Passed

Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10.).

upper

Aug 21, 2026

Upper · Passed

Read third time and amended. Ordered to second reading.

upper

Jun 29, 2026

Upper · Passed

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

upper

Jun 17, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (June 16). Re-referred to Com. on APPR.

upper

Jun 10, 2026

Committee

Referred to Com. on JUD.

upper

May 27, 2026

Assembly · Passed

Assembly Vote: pass (57-17-5)

assembly

May 26, 2026

Lower · Passed

Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 17.)

lower

May 18, 2026

Lower · Passed

Read second time and amended. Ordered returned to second reading.

lower

May 14, 2026

Introduced

From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 14).

lower

Apr 22, 2026

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

Apr 13, 2026

Committee

Re-referred to Com. on APPR.

lower

Apr 9, 2026

Lower · Passed

Read second time and amended.

lower

Apr 8, 2026

Introduced

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 7).

lower

Mar 16, 2026

Committee

Referred to Com. on JUD.

lower

Feb 21, 2026

Lower · Passed

From printer. May be heard in committee March 23.

lower

1 primary · 2 co-sponsors