Your reproductive health decisions at workWhat California law protects

The Contraceptive Equity Act of 2022, Senate Bill 523, was signed on September 27, 2022. It added “reproductive health decisionmaking” to the list of characteristics FEHA protects at work, starting January 1, 2023. The California Civil Rights Department (CRD) lists it alongside sex, disability and religion.

The law defines the term broadly. It includes, but is not limited to, a decision to use or access a particular drug, device, product or medical service for reproductive health.

The law protects the decision itself, whatever that decision is. It does not take sides on what you choose. It simply says your employer cannot hold your choice against you.

Who is covered

• Discrimination: employers with 5 or more employees. That covers hiring, firing, pay, promotions, schedules and other terms of the job.
• Harassment: employers with 1 or more employees. FEHA’s harassment ban lists reproductive health decision making by name.
• Perceived decisions: FEHA also protects you if your employer thinks you made a particular decision, even if it is wrong.

This sits beside FEHA’s long-standing rule that “sex” includes pregnancy, childbirth, breastfeeding and related medical conditions. Learn more on our pregnancy discrimination page.

Under Government Code section 12940(p), it is unlawful for an employer to require you to disclose information about your reproductive health decision making as a condition of being hired, keeping your job, or getting a benefit of employment. This protects applicants and current employees.

That means you can decline questions like these:

• Are you using birth control?
• Are you planning to get pregnant, or trying to?
• Are you doing fertility treatment, and when is your next round?
• What did you decide about a pregnancy?
• Which medication, device or procedure are you using?

You can always choose to share what you want, such as when you ask for time off or an accommodation. The point is that the choice is yours.

AB 2563 was approved on September 30, 2026 and takes effect January 1, 2027. It writes one definition of sex discrimination into California law, including FEHA’s definitions section. Two parts of it matter here:

• Pregnancy or related medical conditions, including childbirth, abortion, lactation, miscarriage, fertility and contraception.
• Decisions about, access to, or use of a drug, device, product or service related to pregnancy or related conditions.

The definition covers characteristics that are actual or perceived. The Legislature says the bill clarifies existing law and does not expand or narrow existing rights. If it conflicts with another sex discrimination law, the more protective standard applies.

AB 2563 also had backup language on perimenopause and menopause that depended on a separate bill, AB 1940. That bill was vetoed, so the backup language does not take effect.

In practice, from 2027 a decision about reproductive health care can be protected two ways: as reproductive health decision making, and as part of sex under the new definition.