Discrimination
AB 2563 (2026): Sex Discrimination Definition Applies to All State Laws
Updated
Assembly Bill 2563, authored by Assembly Member Pacheco, directs that any provision of California law prohibiting discrimination on the basis of sex, gender, or similar discrimination be interpreted to prohibit “sex discrimination” as the bill defines that term. It adds parallel interpretive sections across more than two dozen codes and folds the new definition into the Unruh Civil Rights Act and the California Fair Employment and Housing Act. The Legislature states the measure is declarative of existing law and takes effect January 1, 2027.
Background
Many California statutes bar discrimination “on the basis of sex” or “gender” without spelling out what those terms cover. In the employment context, the Fair Employment and Housing Act (FEHA) makes certain discriminatory practices unlawful and lets an aggrieved person file a complaint with the Civil Rights Department, and it defines “sex” among its terms. The Unruh Civil Rights Act separately guarantees full and equal access to business establishments regardless of sex and related characteristics.
Assembly Bill 2563 responds to that patchwork by setting a single, cross-cutting definition of “sex discrimination.” The Legislature frames the definition as reflecting existing protections under Sections 1, 1.1, 7, and 8 of Article I of the California Constitution, and it states in Section 1 that the bill is declarative of existing law and is not intended to expand or contract any rights or responsibilities.
What the Law Changes
The bill adds a parallel interpretive section to numerous codes, including Labor Code section 12.3, the Business and Professions Code, the Civil Code, the Code of Civil Procedure, the Government Code, and many others. Each section provides that any ban on sex, gender, or similar discrimination must also be read to prohibit “sex discrimination” as defined, and that where provisions conflict, the reading giving greater protection prevails.
The defined term is broad. “Sex discrimination” includes discrimination based on actual or perceived assigned sex or gender category; degree of conformity to sex or gender stereotypes; gender identity and expression, including access to gender-affirming care; pregnancy or related medical conditions; decisionmaking or use of pregnancy-related drugs, devices, or services; sexual orientation; and variations in sex characteristics, including intersex traits. “Discrimination” is defined to include harassment.
For the Unruh Civil Rights Act (Civil Code section 51) and FEHA (Government Code section 12926), the bill further defines “sex” to include any characteristic set out in the new definition. Each interpretive section is to be liberally construed to effectuate the cited constitutional protections.
Across California’s codes, any prohibition on sex, gender, or similar discrimination must be read to prohibit “sex discrimination” as broadly defined, and that definition is incorporated into the Unruh Civil Rights Act and FEHA’s meaning of “sex.”
Coordination With AB 1940 and an Expanded Definition
The bill includes paired sets of sections to coordinate with Assembly Bill 1940. If AB 1940 is enacted, becomes effective on or before January 1, 2027, and amends Government Code section 12926, the alternate “.5” sections become operative instead of their counterparts; otherwise the base sections apply.
Under the alternate sections, the definition of “sex discrimination” also expands to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause, or related medical conditions. Which version controls depends on the enactment and effective dates of the two bills.
What This Means for You
This law sets a uniform, broadly worded definition of sex discrimination that applies to any California statute prohibiting sex, gender, or similar discrimination, and it writes that definition into the Unruh Civil Rights Act and FEHA. It reaches employment, housing, and public-accommodation disputes where sex or gender discrimination is at issue.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.