Understanding Your Workplace Rights During Menopause

wwEmpowering Women at Work: Understanding Your Rights During Menopause

I hope this message finds you well. As a women's rights attorney specializing in workplace issues, I am committed to ensuring that every woman is treated fairly and with respect in her place of work. Today, I wanted to discuss a topic that is often overlooked, yet significantly impacts many women - menopause and perimenopause, and their implications in the workplace.

Your Workplace Rights around Menopause and Perimenopause

You may have asked yourself: "If I'm experiencing severe menopausal or perimenopausal symptoms that are affecting my work, can my employer fire me because of this?" The answer is a resounding no. Your employer cannot dismiss you solely because you’re experiencing severe menopausal or perimenopausal symptoms. This is why it is crucial to document these challenges in writing and to inform your employer about these age and sex-based medical challenges.

Laws That Protect You

I understand that the process of disclosing menopausal or perimenopausal symptoms may feel daunting or uncomfortable, especially if you're in a workplace with a majority of younger and/or male colleagues. However, it's vital to tackle these issues head-on. There are laws in place to safeguard you from discriminatory practices.

Under the Americans with Disabilities Act Amendments Act of 2008 (and your state’s anti-discrimination law), menopausal or perimenopausal symptoms that significantly disrupt your life activities can qualify as a disability. Symptoms such as extreme fatigue, insomnia, significant mood swings, migraines, etc., can and do interfere with major life activities such as sleeping, concentrating, thinking, or working.

But don't misunderstand; this does not imply that you are "disabled" in the conventional sense. Instead, it means you have certain rights to flexibility. This can include changes to your work environment and/or modifications in your schedule that could help manage your symptoms and enable you to perform your position more effectively.

Notifying Your Employer

The topic of menopause is often seen as taboo and may be met with dismissive attitudes, particularly in a workplace where colleagues have little personal experience with it. However, it's essential for your employer to understand what you're going through, so they can support you effectively. By documenting your needs and “protected” requests, you are shielded from retaliatory backlash, as your flexibility requests are legally protected under the federal, state and city workplace civil rights laws.

As perimenopause and menopause typically affects women who are already protected by the Age Discrimination in Employment Act, (and state and local age-protective laws) seeking assistance for these natural biological symptoms is a protected request based on sex AND age. Therefore, your employer is incentivized to find a way to flexibly comply with accommodation requests of women over 40.

Protecting Yourself

If any “adverse employment actions” are taken against you in response to your requests, such as demotion, harassment, or termination, such corporate reaction could be considered discriminatory and retaliatory, so it’s crucial to document everything in writing if such backlash occurs in reaction to your notification and requests.

You Are Not Alone

You have the right to work in a non-discriminatory and supportive workplace. If you feel that you're being discriminated against or harassed due to your menopausal symptoms, consult with an employment lawyer in your state, as you may have a viable claim for sex and age discrimination to educate your employer, hold them accountable, and obtain the sensitive flexibility that you need and deserve.

As a women’s rights in the workplace lawyer, I am here to provide specific advice and counsel based on the particulars of your work situation that is degrading the terms and conditions of your employment. Please feel free to reach out and apply for a consultation with me.

The key to navigating this challenging time is open communication, putting requests in writing, and understanding your workplace civil rights. Remember, you're not alone in this journey, and there are ample resources and support available to help you through it.

Let's continue the conversation, shed light on these issues, and fight for a more inclusive, supportive workplace for all.

Best Regards, Jack

#menopause #perimenopause #emplaw