Philadelphia has amended its “Fair Practices Ordinance: Protections Against Unlawful Discrimination” to make it unlawful for employers to discriminate against an employee because that employee is experiencing menstruation, perimenopause, or menopause. The amendment goes into effect January 1, 2027, making Philadelphia the first city to grant these protections. Employers should update their anti-discrimination policies and train managers to avoid running afoul of the new law.
Background
This amendment expands current employee protections. While “sex” is a protected category under Pennsylvania’s Human Relations Act and Title VII of the Civil Rights Act of 1964, neither statute expressly protects employees experiencing menstruation, perimenopause, or menopause. Although these conditions may be covered under the Americans with Disabilities Act and the Pregnant Workers Fairness Act, they must be tied to a disability, pregnancy, childbirth, or related condition to enjoy protection from discrimination. Philadelphia’s amendment, on the other hand, provides coverage unrelated to pregnancy or childbirth.
Employer Obligations
Under the new law, employers must provide a reasonable accommodation if the symptoms of menstruation, perimenopause, or menopause “substantially interfere” with an employee’s ability to perform their job. So long as the employee makes a request and an accommodation will not cause an undue hardship, the employer must provide an accommodation (though, not necessarily the accommodation of the employee’s choosing). Whether an accommodation creates an undue hardship will depend on a number of factors, including the employer’s specific industry, logistics, and workforce. Employers should avoid blanket denials and, instead, engage in the interactive process upon receipt of an accommodation request.
Implications
Philadelphia joins a small but fast-growing set of jurisdictions seeking to protect employees experiencing menstruation, perimenopause, or menopause. While Philadelphia is the only jurisdiction to expressly include all three conditions as protected categories, Rhode Island broadly protects “menopause-related conditions” and Illinois will protect “perimenopause, menopause and associated medical or symptomatic conditions” beginning January 1, 2027. California, New York and New Jersey are considering passing similar laws.
Best Practices
- Policy Review. Employers should update handbooks and anti-discrimination policies to ensure compliance with the new law.
- Management Training. Managers and HR personnel should be trained to recognize an accommodation request. Complaints about hot flashes or severe cramps should not be dismissed as personal inconveniences but handled as a request triggering the interactive process.
- Staff Training. Workplace anti-discrimination training should specifically include menstruation, perimenopause, and menopause. Educating employees on unacceptable conduct (e.g., commenting on another employee’s hot flashes, mocking another employer’s “time of the month,” etc.) will avoid potential hostile work environment claims.
- Interactive Process. Employers should work with an employee to find a reasonable accommodation based on the employee’s individualized needs that would not cause an undue hardship. Depending on the circumstances, possible accommodations may include restroom/rest breaks, temperature control for hot flashes, flexible or hybrid schedules, adjusted seating, light duty, and manual-labor assistance.
If you have any questions about this new law or your workplace policies, please contact the authors or your regular Saul Ewing attorney.
