Sex discrimination: scope.

Full Bill Text

Amended IN Assembly May 18, 2026 Amended IN Assembly April 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2563 Introduced by Assembly Member Pacheco (Coauthor: Assembly Member Zbur) February 20, 2026 An act to add Section 14.3 to the Business and Professions Code, to amend Section 51 of, and to add Section 14.1 to, the Civil Code, to add Section 17.5 to the Code of Civil Procedure, to add Section 1207 to the Commercial Code, to add Section 12.4 to the Corporations Code, to add Sections 212.4 and 66262.4 to the Education Code, to add Section 353.7 to the Elections Code, to add Section 212 to the Evidence Code, to add Section 136 to the Family Code, to add Section 23 to the Financial Code, to add Section 9.4 to the Fish and Game Code, to add Section 52 to the Food and Agricultural Code, to amend Section 12926 of, and to add Section 27 to, the Government Code, to add Section 26 to the Harbors and Navigation Code, to add Section 29 to the Health and Safety Code, to add Section 49 to the Insurance Code, to add Section 12.3 to the Labor Code, to add Section 20 to the Military and Veterans Code, to add Section 5.5 to the Penal Code, to add Section 71 to the Probate Code, to add Section 1105 to the Public Contract Code, to add Section 19 to the Public Resources Code, to add Section 23 to the Public Utilities Code, to add Section 12.3 to the Revenue and Taxation Code, to add Section 37 to the Streets and Highways Code, to add Section 23 to the Unemployment Insurance Code, to add Section 552 to the Vehicle Code, to add Section 27 to the Water Code, and to add Section 28 to the Welfare and Institutions Code, relating to sex discrimination. LEGISLATIVE COUNSEL'S DIGEST AB 2563, as amended, Pacheco. Sex discrimination: scope. (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 actual or perceived 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 actual or perceived characteristics set forth under the above-described definition of “sex discrimination.” Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that this bill is declarative of existing law and is not intended to expand or contract any existing rights or responsibilities. SECTION 1. SEC. 2. Section 14.3 is added to the Business and Professions Code, to read: 14.3. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” the provisions of this section shall prevail over provisions with a narrower scope. sex discrimination, gender discrimination, or similar discrimination, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 2. SEC. 3. Section 14.1 is added to the Civil Code, to read: 14.1. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” the provisions of this section shall prevail over provisions with a narrower scope. sex discrimination, gender discrimination, or similar discrimination, the provisions that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 3. SEC. 4. Section 51 of the Civil Code is amended to read: 51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information. (d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (e) For purposes of this section: (1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code. (2) (A) “Genetic information” means, with respect to any individual, information about any of the following: (i) The individual’s genetic tests. (ii) The genetic tests of family members of the individual. (iii) The manifestation of a disease or disorder in family members of the individual. (B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (C) “Genetic information” does not include information about the sex or age of any individual. (3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code. (4) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (5) “Religion” includes all aspects of religious belief, observance, and practice. (6) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, and any actual or perceived characteristic in paragraph (3) of subdivision (b) of Section 14.1. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (7) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following: (A) Any combination of those characteristics. (B) A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics. (C) A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories. (8) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code. (f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section. (g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section. (h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632. SEC. 4. SEC. 5. Section 17.5 is added to the Code of Civil Procedure, to read: 17.5. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 5. SEC. 6. Section 1207 is added to the Commercial Code, immediately following Section 1206, to read: 1207. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 6. SEC. 7. Section 12.4 is added to the Corporations Code, to read: 12.4. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 7. SEC. 8. Section 212.4 is added to the Education Code, to read: 212.4. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 8. SEC. 9. Section 66262.4 is added to the Education Code, to read: 66262.4. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 9. SEC. 10. Section 353.7 is added to the Elections Code, to read: 353.7. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 10. SEC. 11. Section 212 is added to the Evidence Code, to read: 212. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 11. SEC. 12. Section 136 is added to the Family Code, to read: 136. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 12. SEC. 13. Section 23 is added to the Financial Code, to read: 23. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 13. SEC. 14. Section 9.4 is added to the Fish and Game Code, to read: 9.4. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 14. SEC. 15. Section 52 is added to the Food and Agricultural Code, to read: 52. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 15. SEC. 16. Section 27 is added to the Government Code, to read: 27. (a) (1) Any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination shall also be interpreted as prohibiting sex discrimination, as defined in this section. (2) In case of a conflict between the provisions of this section and other provisions of this code that set forth the scope of “sex discrimination,” sex discrimination, gender discrimination, or similar discrimination, the provisions of this section shall prevail over provisions with a narrower scope. that would result in greater protections of individuals based on sex, gender, or similar discrimination shall prevail. (3) This section shall not be construed to impair or diminish any other civil rights protection that is broader in scope. (b) For purposes of this section, the following definitions shall apply: (1) “Discrimination” includes, but is not limited to, harassment. (2) “Pregnancy or related medical conditions” includes, but is not limited to, childbirth, abortion, lactation, miscarriage, fertility, and contraception. (3) “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. (E) Decisionmaking, 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. (c) This section reflects the existing protections of Sections 1, 1.1, 7, and 8 of Article I of the California Constitution recognizing the individual rights to pursue and obtain safety, happiness, and privacy, ensuring equal protection of the laws, protecting the ability to enter or pursue a business, profession, vocation, or employment, and protecting an individual’s reproductive freedom. This section shall be liberally construed to effectuate the purposes of these constitutional protections. SEC. 16. SEC. 17. Section 12926 of the Government Code is amended to read: 12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. (b) “Age” refers to the chronological age of any individual who has reached a 40th birthday. (c) Except as provided by Section 12926.05, “employee” does not include any individual employed by that person’s parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. (d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: “Employer” does not include a religious association or corporation not organized for private profit. (e) “Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work. (f) “Essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position. (1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: (A) The function may be essential because the reason the position exists is to perform that function. (B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. (C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function. (2) Evidence of whether a particular function is essential includes, but is not limited to, the following: (A) The employer’s judgment as to which functions are essential. (B) Written job descriptions prepared before advertising or interviewing applicants for the job. (C) The amount of time spent on the job performing the function. (D) The consequences of not requiring the incumbent to perform the function. (E) The terms of a collective bargaining agreement. (F) The work experiences of past incumbents in the job. (G) The current work experience of incumbents in similar jobs. (g) (1) “Genetic information” means, with respect to any individual, information about any of the following: (A) The individual’s genetic tests. (B) The genetic tests of family members of the individual. (C) The manifestation of a disease or disorder in family members of the individual. (2) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (3) “Genetic information” does not include information about the sex or age of any individual. (h) “Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. (i) “Medical condition” means either of the following: (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. (2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following: (A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that person’s offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. (B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that person’s offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. (j) “Mental disability” includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: (A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (k) “Veteran or military status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. (l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive he