Miscarriage
Your hours drop after a miscarriage
You return from a pregnancy loss and your manager starts cutting your shifts or calls you unreliable. Treating you worse because of a miscarriage can be sex discrimination.
New law for 2027 · AB 2563
AB 2563: California’s 2027 Sex Discrimination LawWhat it means for pregnant workers
Starting January 1, 2027, California law spells out that sex discrimination includes pregnancy-related conditions such as miscarriage, fertility, abortion, lactation and contraception.
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Jan 12027AB 2563 takes effect
7categoriesListed in the new definition of sex discrimination
5+employeesEmployer size for FEHA discrimination claims
3yearsTo file a complaint with the Civil Rights Department
The short answer
AB 2563 is a California law approved on September 30, 2026, that takes effect January 1, 2027. It writes one definition of “sex discrimination” into state law, including the Fair Employment and Housing Act (FEHA). That definition covers pregnancy and related conditions such as childbirth, abortion, lactation, miscarriage, fertility and contraception, whether actual or perceived. The Legislature says AB 2563 clarifies existing law rather than creating new rights.
From the California labor lawyers at Employees First Labor Law, led by Jonathan P. LaCour, CEO · Senior Trial Counsel. Meet our team. Updated November 2026
On this page
- What does AB 2563 do in California?
- What was already protected before 2027
- AB 2563: before 2027 vs. from January 1, 2027
- What AB 2563 means for you at work
- What to do if you face pregnancy-related discrimination
- How long do you have to file a pregnancy discrimination complaint?
- AB 2563 questions
- Keep reading
What does AB 2563 do in California?
AB 2563 creates a single, statewide definition of sex discrimination. It adds a new section to the Government Code (§27), updates FEHA’s definitions section (Government Code §12926) and the Unruh Civil Rights Act (Civil Code §51), and adds matching sections across other California codes. The definition reaches more than two dozen California codes, so the same meaning applies across state law.
Under AB 2563, “sex discrimination” covers these characteristics or actions, whether actual or perceived:
- Assigned sex or gender category, including female, male or nonbinary.
- How closely you conform to sex or gender stereotypes.
- Gender, including gender identity, gender expression, and access to, and use of, gender-affirming care and other related health care.
- Pregnancy or related medical conditions, including childbirth, abortion, lactation, miscarriage, fertility and contraception.
- Decisionmaking, access to care, or potential or actual use of a drug, device, product or service relating to pregnancy or related medical conditions.
- Sexual orientation.
- Variations in sex characteristics, including intersex traits or differences in sex development.
If this definition conflicts with another law on sex discrimination, the more protective standard applies.
What was already protected before 2027
AB 2563 builds on rights you already have. The Legislature describes it as declaring existing law, not expanding or narrowing it. Even before 2027:
- Pregnancy is sex under FEHA. “Sex” already includes pregnancy, childbirth, breastfeeding and related medical conditions.
- Reproductive health decisions are protected. Since January 1, 2023, FEHA has protected your decisions about using drugs, devices, products or medical services for reproductive health.
- Pregnancy leave and accommodation are required. Employers with 5 or more employees must give up to 4 months of pregnancy disability leave and reasonable accommodations your provider advises.
- Pregnancy loss has its own leave. Since 2024, California has given up to 5 days of reproductive loss leave after a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful fertility treatment.
- Federal law adds protection. At employers with 15 or more employees, federal law bars discrimination based on pregnancy, lactation, contraception, and having or not having an abortion.
AB 2563: before 2027 vs. from January 1, 2027
The core protection stays the same. What changes is how clearly the law spells it out.
Before 2027
- FEHA defines sex to include pregnancy, childbirth, breastfeeding and related medical conditions.
- Miscarriage, fertility, abortion and contraception are not named, though the list is “not limited to” the items it names.
- Reproductive health decisions are protected as a separate characteristic.
- FEHA already covers being treated as if you have a protected trait, called a “perceived” characteristic.
From January 1, 2027
- One statewide definition of sex discrimination applies across more than two dozen codes.
- Miscarriage, fertility, abortion, lactation and contraception are named as pregnancy-related conditions.
- The sex discrimination definition itself names both actual and perceived characteristics.
- Where laws conflict, the more protective standard applies.
What AB 2563 means for you at work
These examples show the kinds of treatment the definition speaks to. Whether a specific situation is illegal depends on the facts.
Fertility
Passed over during fertility treatment
Your boss learns you are going through IVF and gives a promotion to someone else, assuming you will be pregnant soon. Fertility is named in the new definition.
Lactation
Mocked for pumping
Coworkers or a supervisor ridicule you for pumping, or you are moved to worse shifts because of it. Lactation is named, and Labor Code break rules also apply.
Abortion
Pushed out after an abortion
Your employer learns you had an abortion and starts writing you up. Abortion is named as a pregnancy-related condition.
Contraception
Questions about birth control
A manager presses you about your birth control or plans to have children and treats you differently based on your answer. Contraception is named, and decisions about reproductive care are covered.
Perceived
Treated as pregnant when you are not
Your supervisor assumes you are pregnant and takes you off a major project. AB 2563 names perceived characteristics, and FEHA already covers being treated as if you have a protected trait.
What to do if you face pregnancy-related discrimination
You do not need to wait for 2027. Pregnancy, childbirth, breastfeeding and related medical conditions are protected today, and the Legislature says AB 2563 states what the law already means.
- Write it down. Note dates, what was said, who said it and who saw it.
- Make requests in writing. Ask for leave or pregnancy accommodations by email so there is a record.
- Use the leave you have. After a miscarriage, see miscarriage leave in California. For pumping at work, see lactation rights.
- Watch your deadline. A complaint with the Civil Rights Department (CRD) is generally due within 3 years. Learn how to file a pregnancy discrimination complaint.
FEHA’s discrimination rules cover employers with 5 or more employees. Its harassment rules cover employers of any size.
How long do you have to file a pregnancy discrimination complaint?
Enter the date of what happened, and the date of your right-to-sue notice if you have one.
File a complaint with the California Civil Rights DepartmentEnter a dateGenerally due within 3 years of the unlawful act. You must file with CRD before you can sue under FEHA.
File a federal charge with the EEOCEnter a dateIn California, an EEOC charge is due within 300 days. Federal pregnancy laws cover employers with 15 or more employees.
File a lawsuit after your right-to-sue noticeEnter a dateA FEHA lawsuit must be filed within 1 year of the date of your CRD right-to-sue notice.
These are general deadlines. Some situations can shorten or extend them. Treat the result as an estimate and talk with a lawyer well before any date shown.
AB 2563 questions
When does AB 2563 take effect in California?
AB 2563 takes effect January 1, 2027. It was approved on September 30, 2026. Because the Legislature says the law clarifies existing law, many of the protections it spells out, such as protection for pregnancy and related medical conditions, already apply today under FEHA.
Does AB 2563 cover miscarriage?
Yes. AB 2563 lists miscarriage as a pregnancy-related medical condition within the definition of sex discrimination. Separately, you may be able to take up to 5 days of reproductive loss leave after a miscarriage, plus pregnancy disability leave if your provider certifies that you need time to recover. See miscarriage leave in California.
Does AB 2563 cover menopause?
No. AB 2563 included language to add perimenopause, menopause and postmenopause only if a separate bill, AB 1940, also became law. The Governor vetoed AB 1940, so that language does not take effect. Other protections, such as disability discrimination rules, may still apply depending on your situation.
Is AB 2563 a new right?
The Legislature says AB 2563 clarifies existing law and does not expand or narrow any existing rights or obligations. In practice, it makes the law clearer by naming conditions like miscarriage, fertility, abortion, lactation and contraception, and by naming perceived characteristics. That clarity can make it easier to explain your rights to an employer.
Does AB 2563 apply to small employers?
AB 2563 changes how sex discrimination is defined. FEHA’s discrimination rules still apply to employers with 5 or more employees, and its harassment rules apply to employers of any size. Federal pregnancy laws apply at 15 or more employees. Learn more about pregnancy discrimination in California.
Keep reading
Sources
- Gov. Code §12926 (FEHA definitions)
- California Civil Rights Department: Employment
- CRD: 2022 Legislative Summary (SB 523)
- Gov. Code §12945.6 (reproductive loss leave)
- Gov. Code §12960 (CRD filing deadline)
- Gov. Code §12965 (right to sue)
- EEOC: Pregnancy discrimination
- EEOC: Time limits for filing a charge
- Davis Wright Tremaine: California employment laws for 2027
- CDF Labor Law: New California employment laws for 2027
This page gives general information about California law as of November 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; talk with a lawyer about yours.
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