We Need Legal Menopause Protections

U.S. laws do not protect us when perimenopause or menopause affects us in the workplace. Employers don't have to accommodate our perimenopausal or menopausal symptoms. In fact, they can fire us for those symptoms. We may hesitate even to talk about menopause at work because of the stigma and shame that still surround open discussion of the menstrual cycle.

This article in "The Conversation" highlights the experiences of menopausal people in the workplace and what the government and employers could do to protect them. Federal law recognizes pregnancy discrimination as a form of sex discrimination. Pregnancy accommodations, as well as breastfeeding protections, provide models for addressing the needs of perimenopausal and menopausal people in the workplace as well. In the meantime, some employers are instituting accommodations like climate-controlled spaces for breaks, or more flexible dress codes.

Employees who do speak up and seek accommodations for their menopausal symptoms, which might include dress code adjustments to deal with hot flashes, are often out of luck.No federal law requires employers to accommodate menopausal symptoms.Although the Americans with Disabilities Act requires employers to provide “reasonable accommodations” for workers with disabilities, U.S. courts have consistently held that menopause, by itself, is not a disability, even when its symptoms are seriously affecting someone’s ability to do their job.

SOURCE: The Conversation • AUTHOR: Naomi Cahn, Bridget J. Crawford, and Emily Gold Waldman • LAST UPDATED: June 9, 2023