Sex discrimination: scope.

Plain English Breakdown

The official source material does not provide specific details on what new characteristics will be covered under the expanded definition of sex discrimination.

Expanding Protection Against Sex Discrimination

This law requires that all California laws prohibiting sex discrimination be interpreted to include discrimination based on characteristics related to gender or conformity with gender stereotypes.

What This Bill Does

• Defines 'sex discrimination' in state laws to include discrimination based on any actual or perceived characteristic related to a person's gender or how well they match gender stereotypes.
• Requires that all California laws which ban sex discrimination be interpreted broadly to cover the new definition of sex discrimination.

Who It Names or Affects

• People who might face discrimination based on gender or related characteristics.
• Businesses and employers covered by state anti-discrimination laws.

Terms To Know

Sex Discrimination

Treating someone unfairly because of their sex, including any traits or actions linked to their gender identity.

Gender Stereotypes

Expectations about how people should act based on whether they are male or female.

Limits and Unknowns

• The bill does not specify when it will take effect.
• It is unclear what specific new characteristics will be covered under the expanded definitions of 'sex'.

Official Summary Text

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.
(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.”

Current Bill Text

Download Bill PDF