Guide on Navigating Menopause & Perimenopause In the Workplace

Welcome to our comprehensive guide on navigating menopause and perimenopause in the workplace.

As a firm dedicated to women’s workplace rights and health, we recognize the unique challenges faced by employees undergoing these natural life stages. Menopause and perimenopause, while part of the same inevitable transitional phase in a woman’s life (primarily impacting individuals assigned female at birth, including cisgender women, some non-binary people, and transgender men) are distinct stages, each with its own symptoms and impacts on work performance and comfort.

Our aim is to offer support, advice, and legal solutions for those navigating these natural biological changes, ensuring they understand their rights and the protections available to them.

Perimenopause marks the transition leading up to menopause, typically beginning in a woman’s 40s, but can start as early as the late 30s, when the ovaries gradually produce less estrogen, causing changes in the menstrual cycle and the onset of symptoms like hot flashes, sleep disturbances, trouble concentrating, headaches, and mood swings. This stage can vary in length and intensity, reflecting the body’s adjustment to decreasing hormone levels, which can last from a few months to over a decade, with an average duration of approximately four years.

Menopause is reached when a woman has not had a menstrual period for 12 consecutive months, marking the end of reproductive years. The average age of onset is 51 in the United States, but it can vary widely. Menopause brings continued hot flashes, vaginal dryness, loss of libido, anxiety, changes in mood, cognitive function and feelings of loss of self.

As recently reported by Carrot Fertility the leading global fertility healthcare and family-forming benefits provider for employers and health plans, of the 1,000 people experiencing perimenopause or menopause across the U.S. who were surveyed, the vast majority of women (79%) describe working during menopause as challenging, more than other common life stages, including starting a new job (75% describe as challenging), starting a family (70%), or getting a promotion (62%). Relatedly, when asked what age decade is the most challenging for being in the workplace, respondents ranked their 50s as number one, well ahead of second-ranked 20s.

Most women reported the need to take time off or faced other serious challenges in the workplace during menopause and perimenopause. A majority (54%) have encountered at least one menopause-driven work challenge, including loss of work time and job security concerns. Among the nearly 40% of women who took time off due to perimenopause or menopause symptoms, 71% lost more than 40 hours (one full week) of work time, and 30% reported losing more than a month of work time altogether. Of those who took time off, 59% felt they needed to conceal the reason for the time away.

Other workplace challenges tied to menopause reported included: perceived losses to credibility in the workplace, worries over job loss due to menopause stigma, and lost work friendships.

Workforce Participation: Women over 40 make up a significant portion of the workforce. According to the U.S. Bureau of Labor Statistics, the labor force participation rate for women ages 45 to 54 was about 77% in 2020, and for those 55 and older, approximately 39% were participating in the labor force.

Impact of Menopause Symptoms: A survey conducted by the American Association of Retired Persons (AARP) found that nearly two-thirds of women aged 40 to 65 years reported experiencing symptoms related to menopause. The symptoms can range from mild to severe and include hot flashes, sleep disturbances, mood swings, and cognitive difficulties, which can certainly affect job performance and satisfaction.

Leaving the Workforce: While specific statistics on how many women leave the US workforce annually due to menopause are not readily available, it’s acknowledged that the lack of support and awareness around menopause in the workplace contributes to women feeling undervalued, leading to increased absenteeism and, in some cases, decisions to leave their jobs. The impact is particularly significant in industries where the work environment does not accommodate temperature control, flexible schedules, or other supports that could mitigate menopausal symptoms.

Workplace Struggles: Research indicates that nearly a third of working women in the 50-64 age bracket will experience severe menopause symptoms that negatively impact their work. Moreover, a survey by the Chartered Institute of Personnel and Development (CIPD) found that three out of five working women between the ages of 45 and 55 who are experiencing menopause symptoms say it has a negative impact on them at work.

Legal Protections: The Americans with Disabilities Act Amendments Act of 2008

While the U.S. still trails far behind some other industrialized nations in terms of workplace policies and practices for supporting women’s health, particularly concerning menopause awareness and accommodation, under the Americans with Disabilities Act Amendments Act (ADAAA), protections are extended to employees experiencing significant symptoms during perimenopause and menopause when these symptoms impact major life activities or major bodily functions. This broad coverage ensures that many symptoms associated with these stages could be considered disabilities requiring reasonable accommodations.

Major Life Activities include: sleeping, thinking, walking, breathing, walking, concentrating, etc.

Major Bodily Functions include: functions of the immune and endocrine systems, neurological, brain and reproductive functions.

For example:

Impact on Major Life Activities:

Sleep: Insomnia or sleep disturbances are common symptoms during perimenopause and menopause. The fluctuation in hormone levels can significantly disrupt sleep patterns, leading to difficulties falling asleep, staying asleep, or experiencing restorative sleep. This lack of quality sleep can affect a woman’s ability to function in daily life, impacting concentration, energy levels, and overall health.

Concentration: Hormonal changes during perimenopause and menopause can also impact cognitive functions, including concentration and memory. Women may experience “brain fog,” making it challenging to focus on tasks, remember information, or make decisions. This can affect their performance in work settings that require attention to detail, problem-solving, and continuous focus.

Impact on Major Bodily Functions

Endocrine System: Menopause marks a significant change in the endocrine system, particularly in the production of hormones such as estrogen and progesterone. These hormones have wide-ranging effects beyond reproductive health, influencing bone density, heart health, and the regulation of cholesterol levels. The adjustment in hormone levels can lead to symptoms like hot flashes, night sweats, and mood swings.

Reproductive System: As the primary function of the reproductive system ceases with menopause, there can be direct physical symptoms, including vaginal dryness and discomfort, which can affect a woman’s well-being and quality of life. These changes can have psychological impacts as well, causing severe anxiety and depression, which can affect one’s self-image and sexual health.

Consult with a menopause-aware gynecologist or internist to document these temporary impairments to share with your employer, which will then necessitate an “interactive process” or “cooperative dialogue” between your employer and you, and the employer must then provide “reasonable accommodations,” a.k.a., flexibility to help you perform the essential functions of your job, unless such accommodations would be an “undue hardship” on the company, which is generally difficult for the company to prove, and your accommodation requests are protected under the law, even if they’re not granted, so it is illegal for your company subject you to retaliatory backlash or further harassment because of these life stages or your request for support.

Beyond the ADAAA, other federal statutes offer avenues for protection and support:

The Civil Rights Act of 1964 (Title VII) prohibits discrimination based on sex, which can encompass discrimination arising from menopause and perimenopause as conditions unique to women.

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, potentially including severe symptoms of perimenopause and menopause.

The Pregnancy Discrimination Act (PDA) amends Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions, potentially offering protections for symptoms related to menopause and perimenopause as well.

The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires employers to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the business. While specifically targeting pregnancy-related needs, the PWFA’s focus on accommodations can support broader advocacy for accommodations for menopausal symptoms, emphasizing the importance of workplace adjustments for reproductive health.

The PDA and the PWFA provide a legal foundation that, while explicitly focused on pregnancy, childbirth, and related conditions, suggests a broader commitment to accommodating reproductive health issues in the workplace. Both laws underscore the importance of recognizing and addressing the profound impact of reproductive health on an individual’s work life.

PDA: By prohibiting discrimination based on pregnancy, childbirth, or related medical conditions, the PDA opens the door to considering menopause—a significant reproductive life stage—as warranting similar considerations. The law’s mandate for equal treatment suggests that if accommodations or modifications are provided for pregnancy-related conditions, a case can be made for accommodating menopausal symptoms that similarly affect an individual’s ability to work.

PWFA: With its explicit requirement for employers to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions, the PWFA reinforces the importance of adapting workplace policies and practices to support reproductive health. This act sets a precedent for accommodating a range of reproductive health issues, potentially including menopause, by emphasizing the necessity of adjustments to ensure all employees can perform their jobs without compromising their health.

Both laws highlight the integral role of reproductive health in employment rights and responsibilities, suggesting a legal and ethical basis for extending similar protections and accommodations to individuals experiencing menopause. Recognizing menopause as part of the spectrum of reproductive health issues could further drive the development of inclusive workplace policies that support the well-being and productivity of all employees.

Don’t Forget State and City Protective Laws

In addition to federal protections, various state and city anti-discrimination laws provide even more comprehensive protections for working women, such as the New York State and New York City legal protections for employees through the State and City Human Rights Laws (HRLs).

Notably, NYC’s HRL unquestionably covers “impairments” related to menopause and perimenopause, reinforcing and expanding upon the protections provided under federal law.

The Intersection of Sex, Age, and Disability

Navigating menopause and perimenopause in the workplace involves protections against discrimination based on sex and age while also potentially involving disability accommodations.

This intersectionality underscores the complexity of the issues faced and the multifaceted nature of legal protections available, as such issues reflect the disparate treatment of women, exacerbated by the additional intersectional factors of age and disability, making menopause protections an intersectional feminist issue, given the multifaceted identities of affected women.

How to Seek Accommodations

For employees navigating menopause and perimenopause:

Document How Symptoms Affect Major Life Activities: Keep detailed logs of symptoms and their impact on your daily work and life.
Consult Healthcare Providers: Obtain medical documentation of your symptoms and their effects on your major life activities or bodily functions.
Familiarize Yourself with Your Rights: Understand the protections offered under the ADAAA, as well as your state and local laws, and how they may apply to your situation.
Communicate with Employers: Engage in open discussions about your needs, armed with written documentation if possible, and a clear understanding of your legal rights.

Resources and Support

For further legal advice, support, and advocacy, consider reaching out to:

National Women’s Law Center (NWLC): Offers legal resources and advocacy for women’s rights, including workplace discrimination.
The American Civil Liberties Union Women’s Rights Project (ACLU): Provides legal assistance and advocacy on a broad range of rights, including workplace equality.
Local Bar Association Referrals: Many state and local bar associations offer referral services to attorneys specializing in employee rights and employment law.
Workplace Fairness: A nonprofit organization providing information on workers’ rights and legal assistance referrals.
Tuckner, Sipser, Weinstock & Sipser, LLP, as our firm counsels and advocates for employees facing discriminatory treatment, including during pregnancy through menopause.

Conclusion

At Tuckner, Sipser, we champion the rights of all employees navigating the complex interplay of work and reproductive health, from the beginning to the conclusion of the reproductive life cycle.

Recognizing that transitions like menopause and perimenopause represent not just a personal journey but a workplace issue necessitates our collective action and understanding. Together, we can foster a workplace that not only accommodates but celebrates the diversity of experiences across the reproductive spectrum, ensuring that everyone is supported, valued, and empowered at every stage.

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Deborah O’Rell, Client Advocate

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