On September 27, 2022, Governor Gavin Newsom signed the Contraceptive Equity Act of 2022 (SB 523). SB 523, which became effective on January 1, 2023, amends the California Fair Employment and Housing Act (FEHA) to include “reproductive health decision-making” to the list of classes protected from discrimination by employers. “Reproductive health decision-making” as defined “includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health.”

SB 523 also makes it unlawful for an employer to require an applicant or employee to disclose reproductive health decision-making information as a condition of employment, continued employment, or to obtain a benefit of employment.