Existing California law, including the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act, prohibits discrimination based on sex and other protected characteristics in employment, housing, businesses, and other contexts.
AB 2563 establishes a uniform definition of sex discrimination throughout California law by requiring statutory prohibitions against discrimination or harassment based on sex, gender, or similar actual or perceived characteristics to be interpreted as prohibiting “sex discrimination” as defined by the bill. “Sex discrimination” includes, but is not limited to, discrimination based on any of the following actual or perceived characteristics or actions:
(A) Assigned sex or gender category, including female, male, or nonbinary.
(B) Degree of conformity to sex or gender stereotypes.
(C) Gender, including gender identity, gender expression, and access to, and use of, gender affirming care and other related health care.
(D) Pregnancy or related medical conditions, including childbirth, abortion, lactation, miscarriage, fertility, and contraception.
(E) Decision-making, access to care, or potential or actual use of a drug, device, product, or service relating to pregnancy or related medical conditions.
(F) Sexual orientation.
(G) Variations in sex characteristics, including intersex traits or differences in sex development.
AB 2563 provides that where its definitions of sex discrimination conflict with existing law, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail.
AB 2563 also expressly incorporates its expanded sex discrimination protections into the FEHA and the Unruh Civil Rights Act by expanding their definitions of “sex.”
AB 2563 amends Civil Code section 51 and Government Code section 12926. The bill adds sections including Business and Professions Code Section 14.3, Civil Code Section 14.1, Code of Civil Procedure Section 17.5, Education Code Sections 212.4 and 66262.4, Government Code Section 27, Labor Code Section 12.3, and corresponding provisions in numerous other codes.
