Philadelphia workers experiencing menstruation, perimenopause, or menopause will soon have new protections under city employment law, as a new provision of the Fair Practice Ordinance takes effect.

This ordinance, first passed in 1963, prohibits discrimination based on race, age, religion, disability, sexual orientation, and gender identity in employment, housing, public accommodations, and other activities. Since then, it’s been amended to include accommodations and other protections based on gender and immigration status, and for women who are pregnant or breastfeeding.

A new provision for menstruation, perimenopause, and menopause takes effect Jan. 1. There is no general small-business exemption, and the rules generally impact employers with as few as one employee.

Symptoms ‘substantially interfere’

The new provision requires employers to provide reasonable workplace accommodations when the symptoms of menstruation, perimenopause, or menopause “substantially interfere” with an employee’s ability to perform one or more job functions, says employment attorney Caroline Austin of Duane Morris. These might include flexible rest breaks, temperature adjustments, use of fans, relaxed dress code requirements, or remote or hybrid work arrangements.[...]

“Given that menopause disproportionately affects women over 40, employers should be mindful that mishandling these situations could also implicate protections under federal sex-discrimination and age-discrimination frameworks,” Austin said.[...]

Addressing all requests

There’s always a risk that some employees will take advantage of the law to request additional time off. Regardless, attorneys say it’s important to take each claim seriously and err on the side of the caution.

Austin says a common mistake is failing to recognize when an interactive process is triggered by an employee’s disclosure that menstruation, perimenopause, or menopause symptoms interfere with their ability to perform their job.

“Employers should treat any statement by an employee indicating that menstruation, perimenopause, or menopause symptoms are interfering with their work as a potential accommodation request, regardless of the specific language used,” Austin said. “Employers should be sure to educate HR personnel, managers, and supervisors on these protections and on how to respond to employee requests for accommodation.”[...]

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Reprinted by permission.