Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Workplace protections related to menstruation, perimenopause, and menopause coming to Philadelphia: 5 steps for employers, (Jul 27, 2026)

By Leanne Lane Coyle and Kelsey E. Schiappacasse of Fisher Phillips, LLC

Philadelphia is the first major city in the U.S. to make menstruation, perimenopause, and menopause protected categories in the employment context.

Philadelphia employers must start preparing now to comply with the city’s new workplace protections related to menstruation, perimenopause, and menopause. Starting in 2027, the ordinance will impose anti-discrimination and accommodation requirements on employers with employees working in the city—making Philly the first major US city to make menstruation, perimenopause, and menopause protected categories in the employment context. This Insight covers what’s changing and offers five steps you can take now to prepare.

Quick Background

Philadelphia’s Fair Practices Ordinance (PFPO) has long prohibited employers from discriminating against applicants and employees working in the city based on certain protected classes. The PFPO is enforced by the Philadelphia Commission on Human Relations (PCHR).

The city has expanded the PFPO many times over the years. Mayor Cherelle Parker signed a measure (Bill No. 250849) in December 2025 that will soon make menstruation, perimenopause, and menopause protected classes under the PFPO and require employers to provide employees reasonable accommodations for needs related to those classes.

Note: While neither federal law nor Pennsylvania state law explicitly cover menstruation, perimenopause, or menopause as protected categories in the workplace, keep in mind that certain traits or conditions related to these categories may overlap with other protected classes, such as age, pregnancy, sex, or disability, under state or federal law.

Growing Trend

This change is part of a broader movement across the US to raise greater awareness and better support for issues related to menstruation and menopause. Last year, Rhode Island became the first state to explicitly enact workplace protections for women experiencing the menopausal transition, and earlier this year, an Illinois law took effect requiring that health plans cover menopause therapies that are medically necessary and recommended by a qualified physician. Further still, California lawmakers are currently considering a bill (AB 1940) that would expressly include perimenopause, menopause, and post-menopause within the definition of “sex” under the state’s Fair Employment and Housing Act.

We previously covered The Untapped ROI of Menopause-Savvy Workplaces which includes reference to other jurisdictions considering menopause-related legislation.

Snapshot of Philadelphia’s New Requirements

• Effective Date. Philadelphia’s new workplace protections related to menstruation, perimenopause, and menopause will take effect on January 1, 2027.

• New Protected Classes. Menstruation, perimenopause, and menopause will join the PFPO’s other defined protected classes, such as race, sex, age, and disability.

Note: While final regulations implementing the federal Pregnant Workers Fairness Act (PWFA) extend protections to conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions—including menstruation—Philadelphia’s amended ordinance goes further by expressly protecting menstruation, perimenopause, and menopause regardless of any connection to pregnancy or childbirth. Stay tuned for updates on the PWFA regulations, as the US Equal Employment Opportunity Commission is planning to propose changes to those rules later this year.

• Discrimination and Retaliation Prohibited. As is the case with other protected classes, employers may not refuse to hire, discharge, or otherwise discriminate against any individual based on the individual’s menstruation, perimenopause, or menopause, with respect to any employment matter (such as tenure, promotions, or any terms, conditions, or privileges of employment). Employers also may not harass or retaliate against an individual for exercising rights (such as requesting accommodations) or complying with requirements related to these menstruation-, perimenopause-, and menopause-related protections.

• Reasonable Accommodations Required. If certain conditions are met, an employer must provide reasonable accommodations to an employee for needs related to menstruation, perimenopause, or menopause, to allow the employee to perform essential job functions. Specifically, such reasonable accommodations are required if:

• the employee’s menstruation, perimenopause, or menopause symptomssubstantiallyinterfere with an employee’s ability to perform one or more job functions (note, though, that the amendment does not define “substantially interfere”);

• the employee actuallyrequests the accommodations; and

• the accommodations will not cause an undue hardship for the employer (which is determined based on various factors such as the nature and cost of the accommodations, the employer’s financial resources, the functions of the workforce, and more).

Note: Philadelphia already requires employers to comply with similar reasonable accommodation rules with regard to employee needs related to reproductive health autonomy, pregnancy, childbirth, or related medical conditions.

5 Steps Employers Can Take Now

Philadelphia employers should begin preparing now before the amendment takes effect January 1. Here are five steps you should consider taking to get ready to comply:

• Update your policies to address the new protections related to menstruation, perimenopause, and menopause. This may require changes to workplace policies related to discrimination, harassment, accommodations, and more.

• Anticipate the types of accommodation(s) that may be appropriate. For example, common potential accommodations to mitigate symptoms related to menstruation, perimenopause, and menopause may include:

• Scheduling flexibility: Adjusting start or end times, implementing flexible work schedules, allowing intermittent breaks, providing intermittent leave where appropriate, or permitting remote or hybrid work.

• Temperature and workspace adjustments: Providing a desk fan, permitting access to air conditioning, modifying uniform or dress code requirements, or allowing cooling products or water at workstation.

• Restroom access and breaks: Allowing more frequent or flexible restroom breaks, assigning a workstation closer to restroom facilities, or maintaining supply of menstrual products.

• Physical and ergonomic supports: Providing ergonomic seating, sit-stand workstations, or opportunities to alternate between sitting and standing.

• Work environment and job modification: Reducing workplace distractions, providing quieter workspaces where appropriate, or modifying work assignments during symptoms.

• Train managers and HR employees on how to comply with the new rules. You should provide examples of conduct that may be viewed as discriminatory, such as making derogatory comments about an employee’s perceived or actual symptoms related to menstruation, perimenopause, or menopause. Be prepared to comply with reasonable accommodation requests, and train managers to escalate such requests. HR should engage in an interactive process as they would with other types of accommodation requests. Exercise caution before denying an accommodation based on “undue hardship,” and consider consulting with legal counsel before doing so, as establishing undue hardship is a high bar.

• Stay tuned for further guidance from the PCHR, including an updated PFPO notice, and for other developments as more lawmakers across the country consider similar workplace protections.

• Reach out to counsel if you have questions ahead of the January 1 effective date or as nuanced issues come up after the new rules kick in.

Conclusion

We will continue to monitor workplace developments impacting your business, so make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information directly to your inbox. If you have questions, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our Philadelphia office.

Leanne Lane Coyle and Kelsey E. Schiappacasse

Fisher Phillips, LLC

URL: https://www.fisherphillips.com/

Attorneys: (Fisher Phillips).

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