For employers, HR leaders, and benefits professionals managing leave and accommodation policies across several states, menopause-related workplace protections are arriving through a patchwork of enacted laws and pending bills.
Knowing which requirements are in force and which remain proposals determines what policies and postings need updating now.
In its October 20 issue, Benefits Digest published a post titled “Menopause as a Protected Class: Growing Trend or a Hot Flash?” from Epstein Becker Green’s Workforce Bulletin blog, authored by Nancy Gunzenhauser Popper, Member of the Firm of Epstein Becker Green and counsel to employers on employment compliance, leaves of absence, and accommodations, and Erin Flood, an Associate of Epstein Becker Green who advises employers on federal, state, and local employment laws.
The publication separates enacted menopause protections from proposals. Rhode Island became the first state to enact menopause-related employment legislation in July 2025, extending its pregnancy-related accommodation requirements to menopause-related conditions. Illinois and Philadelphia have since adopted measures that add menopause-related conditions to their anti-discrimination and accommodation protections, both effective January 1, 2027. For covered employers, that means updated postings and handbook language on reasonable accommodations.
Proposals face a harder road. A federal bill, H.R. 9671, was introduced in July 2026, and New York’s A5436B has not moved out of committee. Virginia and California each saw similar bills vetoed this year. Even where lawmakers approve such measures, “bills have failed to cross the finish line,” Popper and Flood wrote.
Get in Touch
To discuss how menopause-related accommodation and anti-discrimination requirements may affect your organization’s policies, postings, and multistate compliance, contact Nancy Gunzenhauser Popper at npopper@ebglaw.com or Erin Flood at eflood@ebglaw.com.
