News & Insights

Menopause Discrimination Moves Into the Legal Spotlight (Jack Tuckner interviewed by ABA Journal)

Even as some global employers have embraced menopause equity movement, many are still resisting changes to their culture and policies. In an interview with ABA Journal, Jack Tuckner, of Tuckner, Sipser, Weinstock & Sipser in New York, added that these cases tend to get settled.

In the article “Turning Tides”, Anna Stolley Persky quotes Jack Tuckner: “Employers could try to say, ‘No soup for you, sister,’ but most of them are completely uncomfortable staking out a position that they just don’t care about women’s health issues,” Tuckner said, referencing a stern soup vendor character in the 1990s sitcom Seinfeld.

Tuckner says that sometimes employers provide accommodations and his clients can continue to work there, but sometimes both parties determine the “marriage can’t be saved,” and his clients want to get out with “as much severance and dignity” as possible.

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Jack Tuckner Interview - ABA Journal

Menopause is emerging as the next major frontier in workplace equity law, following the momentum built by the menstrual equity movement. Legal scholars and advocates note a shift in cultural attitudes — with public figures speaking openly about symptoms — that’s now translating into legislative action.

The numbers underscore the stakes: women near or at the end of their reproductive years make up roughly 20% of the U.S. labor force, and research increasingly shows menopause symptoms — hot flashes, brain fog, fatigue, joint pain, and more — are pushing some out of jobs entirely. A 2023 Mayo Clinic study found 13% of women reported an adverse work outcome tied to menopause, and a Korn Ferry/Vira Health survey found a similar share had quit their jobs over it.

Legislatively, Rhode Island led the way in 2025 as the first state barring menopause-related workplace discrimination, with Philadelphia following via a local ordinance. Virginia’s legislature passed similar protections, though the governor opted to study the issue further rather than sign. Several states now mandate insurance coverage for menopause treatment, and Maine passed a law focused on provider and public education.

Employment attorneys note the practical shift this creates for HR teams, who will need training to handle a new category of accommodation requests and should expect most of them to be granted.

Not everyone is fully on board — some legal scholars point out that women in this life stage are often at their career peak, and worry that spotlighting menopause could inadvertently reinforce ageist or sexist stereotypes rather than dismantle them.

On the employer side, the response is mixed. Some global companies have adopted menopause-specific benefits, but plenty of others remain resistant to changing workplace culture or policy. 

Employment attorney Jack Tuckner, who represents women pursuing menopause-related accommodation claims, put it this way: employers rarely want to be caught on record dismissing women’s health concerns, which is part of why these disputes so often end in settlement rather than litigation.

The challenge aimed squarely at law firms: given how costly it is to lose experienced attorneys, small accommodations — a cool-down space, flexible scheduling — could be a low-cost way to retain senior talent. UK firms like Dentons and Freshfields have already branded themselves as menopause-friendly; U.S. firms have been slower to follow.

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