Menopause in the Workplace: States and Cities Expanding Employer Accommodation Obligations

For years, menopause, perimenopause and their related symptoms have been treated as taboo subjects. That is changing fast, with more discussion on the topic by celebrities, in news outlets and on social media. At the same time, menopause-related conditions are becoming a new area of focus for workplace compliance. Recent legislation in Illinois, Rhode Island, Connecticut and Philadelphia expressly addresses these conditions, requiring covered employers to consider reasonable menopause accommodations at work and prevent menopause discrimination in the workplace. A number of other states, including Pennsylvania and New Jersey, have introduced similar legislation.

In general, these new menopause laws require employers to engage in an interactive process when an applicant or employee needs an accommodation because menopause-related symptoms affect the individual’s ability to perform essential job functions. In most cases, the individual does not have to establish that menopause or the related medical condition constitutes a disability to qualify for reasonable accommodation.

Depending on the employee’s individual circumstances and job responsibilities, potential workplace accommodations for menopause-related conditions may include additional breaks, access to drinking water and restroom facilities, temperature-control measures, modifications to uniforms or dress requirements, flexible scheduling, remote or hybrid work, time off for medical appointments, or other workplace modifications that allow the employee to manage symptoms while performing the essential functions of the job.

Menopause in the Workplace: What Employers Should be Doing

In addition to complying with existing laws, HR and business leaders should consider the following workplace accommodations for menopause:

1. Review accommodation policies. Ensure there are workplace menopause policy components in the employee handbook. Confirm that policies are broad enough to address menopause, perimenopause, menstruation, and other protected reproductive health conditions where applicable.
2. Update the interactive-process procedure. Provide HR support for employees experiencing menopause. HR personnel should understand that a request involving hot flashes, temperature sensitivity, increased restroom needs, scheduling difficulties, or similar symptoms may trigger accommodation obligations even if the employee never uses the magic words “reasonable accommodation.”
3. Train managers and supervisors. Front-line managers should know to involve HR when employees raise medical or reproductive-health concerns rather than independently denying requests or questioning whether the condition is sufficiently serious.
4. Consider menopause accommodations at work in advance. Employers can identify potentially workable options, including schedule modifications, additional breaks, temperature controls, temporary task modifications, and remote or hybrid work where appropriate.
5. Monitor developments. Employers, especially those operating in multiple states, should watch for similar menopause care legislation as state and local governments continue to address menopause-related health issues in the workplace.

States With Menopause Workplace Accommodation Laws 

• Rhode Island: The first state to pass such a law, effective June 24, 2025. 
• Connecticut: Effective October 1, 2026, menopause-related conditions are added to the state’s existing accommodation protections and directs the Commission on Human Rights and Opportunities to develop a model workplace policy as well as educational materials.
• Illinois: Law effective January 1, 2027.
• Pennsylvania: No statewide legislation. Philadelphia ordinance goes into effect January 1, 2027.
• California: No standalone law, but likely covered by California’s Fair Employment and Housing Act.

FAQs

How does menopause affect women in the workplace?

The effects of menopause vary widely. Some women experience few symptoms, while others may have hot flashes, sleep disruption, fatigue, difficulty concentrating, headaches, mood changes, joint pain, or other symptoms that can affect them at work.

Certain working conditions may make symptoms more difficult to manage, including physically demanding work, long or inflexible shifts, limited access to restrooms or water, required uniforms or protective equipment, and workplaces where employees have little control over temperature.

Employers should avoid assumptions about an employee’s abilities based on age, sex, or menopausal status. When menopause-related symptoms affect an employee at work, the appropriate focus is on the employee’s individual limitations and whether adjustments or reasonable accommodations may be appropriate.

Can menopause be considered a disability?

Menopause itself is not automatically a disability under the Americans with Disabilities Act (ADA). However, symptoms or medical conditions associated with menopause may qualify as a disability if they substantially limit one or more major life activities. Under the ADA, a disability generally includes a physical or mental impairment that substantially limits a major life activity, and the definition is intended to be applied broadly.

For example, severe menopause-related symptoms affecting sleep, concentration, bodily functions, or other major life activities could potentially meet the ADA’s definition of disability. Whether an employee qualifies must be evaluated on an individualized basis.

Employers therefore should avoid dismissing an accommodation request simply because the employee identifies menopause as the underlying issue. Instead, HR should consider the employee’s particular symptoms and limitations and, when appropriate, engage in the interactive process to determine whether a reasonable accommodation is available. Covered employers are required to provide reasonable accommodations to qualified employees with disabilities absent undue hardship.

Is menopause a protected characteristic in the workplace?

As explained in the above post, the answer is yes under some state laws. Under federal law, however, menopause itself is not a separately protected characteristic. Discrimination or harassment related to menopause may implicate existing protections against sex, age, or disability discrimination, depending on the circumstances.

For example, treating a woman less favorably because of menopause may raise concerns under Title VII’s prohibition against sex discrimination. Because menopause typically occurs later in a woman’s working life, adverse treatment based on stereotypes about menopause and aging may also implicate the Age Discrimination in Employment Act (ADEA) for employees age 40 and older.

In addition, as discussed above, menopause-related symptoms or medical conditions may qualify as a disability under the ADA if they substantially limit a major life activity.

Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding  new menopause legislation and any required changes to employer policies and practices. For all MEA members, the Hotline is available to provide this assistance. For MEA Essential and Premier members, a Member Legal Services attorney is available for additional consultation.

*This Alert is provided for general informational purposes only and does not constitute legal advice.