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Menopause at work in the US: your rights and possible accommodations

What US federal law does and does not cover for perimenopause at work: Title VII, the ADEA, the ADA and the FMLA, plus accommodations you can ask for.

By the PeriSignal editorial team6 sources checkedUpdated

US federal law does not mention menopause, so there is no federal right to menopause accommodations as such. Protection comes from general laws: sex and age discrimination laws, the Americans with Disabilities Act (ADA) when symptoms are limiting enough, and the Family and Medical Leave Act (FMLA) for leave. This page is general legal information, not legal advice; for your situation, talk to an employment attorney, your state civil rights agency or the EEOC.

The short version

The Department of Labor’s Women’s Bureau summarized it in 2024: federal law does not explicitly protect against discrimination based on menopause, but employees may be protected in certain cases by laws on age, sex and disability discrimination, and some people with severe symptoms may qualify for FMLA leave.

LawEmployers coveredWhat it can doMain limits
Title VII (sex)15 or more employeesBans sex discrimination and harassmentDoes not by itself create a right to workplace changes
ADEA (age)20 or more employeesProtects workers 40 and older from age discrimination and harassmentSame
ADA, Title I (disability)15 or more employees, including state and local governmentsReasonable accommodations; limits on medical questions; confidentialityYou must have a condition that substantially limits a major life activity
FMLA (leave)Private employers with 50 or more employees; public agencies and schools of any sizeUp to 12 weeks of unpaid, job-protected leave a yearYou must meet eligibility rules; leave is unpaid

Title VII: sex discrimination and harassment

Title VII bars employers with 15 or more employees from treating someone unfavorably because of sex in hiring, firing, pay, assignments, promotion, training and other terms of employment. The EEOC notes that harassment does not have to be sexual: it is illegal to harass a woman by making offensive comments about women in general. Repeated mocking of menopause symptoms could be relevant to a sex or age harassment claim, but the law does not cover simple teasing or isolated remarks that are not very serious. Harassment becomes illegal when it is frequent or severe enough to create a hostile work environment, or when it leads to a decision like a firing or demotion.

ADEA: age discrimination

The Age Discrimination in Employment Act protects workers 40 and older at employers with 20 or more employees. It covers the same range of decisions and also bans age-based harassment under the same standard. The EEOC has published a fact sheet on how age and sex discrimination can combine for older women.

ADA: when symptoms may count

Under the ADA, a person has a disability if they have a physical or mental condition that substantially limits a major life activity. Major life activities include caring for oneself, walking, breathing and concentrating, and the operation of major bodily functions, including endocrine and reproductive functions. According to the EEOC, a condition does not need to be permanent or severe to be substantially limiting, and if symptoms come and go, what matters is how limiting they are when active.

Menopause itself is a different matter. The Job Accommodation Network (JAN), a Department of Labor-funded service, says natural menopause is a normal part of aging and is therefore not an impairment under the ADA, while menopause caused by surgery, chemotherapy or pelvic radiation may be. The Department of Labor’s 2024 brief says menopause is not a disability in itself, but symptoms may in some instances meet the ADA’s definition. Conditions that can occur during perimenopause, such as depression, an anxiety disorder or migraine, are evaluated on their own terms.

If you are covered, your employer must provide a reasonable accommodation unless it would cause undue hardship, meaning significant difficulty or expense given the employer’s size and resources. The employer does not have to give you the exact accommodation you ask for if another one works. It may ask for medical information to support your request, and that information must be kept confidential.

JAN also notes that employers are free to accommodate employees who do not meet the ADA’s definition, which is why an informal request is often the best first step. See how to talk to your manager.

FMLA: job-protected leave

You are eligible if you have worked for a covered employer for at least 12 months, worked at least 1,250 hours in the past year, and work at a location with at least 50 employees within 75 miles. Eligible employees can take up to 12 workweeks of leave in a 12-month period for a serious health condition that makes them unable to work. Leave can be taken in blocks, intermittently or as a reduced schedule when medically necessary. The employer must keep your group health coverage and restore you to the same or an equivalent job.

FMLA leave is unpaid, although you may use paid leave at the same time, and the employer may require it. The employer can ask for certification from your clinician and must give you at least 15 calendar days to provide it. The FMLA also covers caring for a parent, spouse or child with a serious health condition.

What about the Pregnant Workers Fairness Act?

The PWFA requires accommodations for limitations related to pregnancy, childbirth or related medical conditions. Its regulations define related medical conditions as those relating to the employee’s own pregnancy or childbirth, and menopause is not on the list of examples. It should not be relied on for perimenopause symptoms.

State and local laws

Many states have their own anti-discrimination laws, and the Department of Labor notes that state paid sick leave or paid family and medical leave laws may be usable for menopause-related reasons. At least one state addresses menopause directly: New Jersey’s Division on Civil Rights says the state’s Law Against Discrimination, as part of its protections for pregnancy-related conditions, requires employers to make changes on request for employees experiencing perimenopause or menopause, unless the employer can show the changes would be extremely difficult or expensive. Check your state’s civil rights or labor agency for current rules.

Accommodations to consider

Drawn from the Department of Labor, JAN and New Jersey’s guidance:

  • A desk fan, a window that opens, redirected vents or an office with its own temperature control
  • Easy access to cold drinking water and restrooms, with more frequent breaks
  • Uniform or dress code flexibility: breathable fabrics, darker colors, layers, time to change
  • Flexible hours, shift changes or telework, including on days when the building’s cooling fails
  • Leave for appointments and treatment
  • A modified break schedule

For clothing ideas, see dressing for hot flashes.

How to protect yourself

  • Ask in writing and keep copies outside work systems.
  • Keep a log of requests, responses and any comments about your age or sex, with dates and witnesses.
  • Watch deadlines. A charge with the EEOC generally must be filed within 180 calendar days, extended to 300 days where a state or local agency enforces a similar law. Internal grievances usually do not pause the clock.
  • Know retaliation is illegal. Employers may not punish you for requesting an accommodation, using FMLA leave or complaining about discrimination.
  • FMLA problems can be reported to the Wage and Hour Division, or pursued through a private lawsuit.

Legal options work best alongside treatment. If symptoms are affecting your job, see perimenopause at work and bring the details to a clinician.

Frequently asked questions

Is menopause a disability under the ADA?

Menopause on its own is generally not considered a disability, because it is a normal part of aging. The Department of Labor notes that symptoms may in some cases meet the ADA's definition, and the Job Accommodation Network says menopause caused by surgery or medical treatment may qualify as an impairment. Whether you are covered depends on how much your symptoms limit you, assessed individually.

Does the Pregnant Workers Fairness Act cover menopause?

Not as such. Its regulations define related medical conditions as those relating to the employee's own pregnancy or childbirth, and menopause is not among the listed examples. If your situation is unusual, ask an employment attorney.

Can I use FMLA leave for perimenopause symptoms?

Possibly. FMLA leave covers a serious health condition that makes you unable to work, and the Department of Labor says people with severe menopause-related symptoms may qualify in some cases. You must meet the eligibility rules, and your employer can ask for certification from your clinician.

How long do I have to file a discrimination charge?

Generally 180 calendar days from the event, extended to 300 days where a state or local agency enforces a similar law (for age claims, only if a state law and state agency apply). Using an internal grievance process usually does not pause the deadline.

Sources

  1. U.S. Department of Labor, Women's Bureau. Let's Talk About It: Menstruation and Menopause at Work, 2024
  2. ADA.gov. Introduction to the Americans with Disabilities Act
  3. U.S. Department of Labor, Wage and Hour Division. Fact Sheet #28: The Family and Medical Leave Act
  4. Job Accommodation Network. Is Menopause a Disability under the ADA?
  5. eCFR. 29 CFR 1636.3, Definitions (Pregnant Workers Fairness Act regulations)
  6. New Jersey Division on Civil Rights. Workplace Accommodations for Perimenopause and Menopause, 2025