By Mark Carey
The majority of employees in the workplace are women (56.8% according to the Bureau of Labor Statistics), and roughly half of them are at an age to experience perimenopause or menopause, according to a recent NY Times article on April 23, 2023. Most women will go through menopause at some point, and the vast majority will experience symptoms affecting their daily lives and jobs. Menopause at work is a significant issue, with menopausal women facing unique challenges that can impact their job performance, job retention, and overall well-being.
These challenges are not only related to physical symptoms but also to mental health and women’s health in general. Employers and managers play a crucial role in supporting menopausal women by improving working conditions, providing workplace accommodations, and fostering a supportive environment. For example, some organizations have created resources and guides to support women and raise awareness.
Open conversations and talk about menopause at work are essential to break the stigma and encourage more support for those affected. Sharing stories of similar experiences can help women find the care and support they need. Menopause occurs when a woman has not had her period for one full year. Yet, perimenopause (a lesser-known condition) can last anywhere from 5 to 10 years.
During both times, estrogen levels take a significant dip, which can set off a whole host of symptoms, the most obvious being hot flashes, hot flushes, night sweats, and vaginal dryness. Managing symptoms like these is crucial, and strategies to manage hot flashes, such as lifestyle changes, medical consultation, and workplace adjustments, can make a difference. Yet, there are at least 30 well-documented and more obscure symptoms of the menopause transition, which many women may not be aware of, including migraines, increased risk of heart disease, bone loss, increased anxiety, insomnia, and joint pain.
Managing these symptoms at work can be difficult, and women often have to deal with and are dealing with these issues while trying to remain productive. Supporting women through workplace accommodations and more support from employers is vital. Managing menopause at work also means recognizing the importance of mental health and encouraging ongoing conversation. Women find that sharing their similar experiences and talking openly can help them deal with the challenges of menopause in the workplace.
Introduction to Menopause in the Workplace
Menopause is a natural stage in a woman’s life, typically occurring between the ages of 45 and 55, that marks the end of menstrual cycles. The menopause transition, which can span several years, brings a range of menopausal symptoms that can affect daily life and work. Many women experience menopause with symptoms such as hot flashes, night sweats, brain fog, and mood swings, which can be both physically and emotionally challenging.
As more women reach this stage while actively participating in the workforce, it becomes increasingly important to provide support and resources to help manage these symptoms. Organizations like the British Menopause Society and the Menopause Society are at the forefront of raising awareness and promoting women’s health during this critical time. World Menopause Day, observed on October 18, serves as a reminder for workplaces to review their policies and ensure that women experiencing menopause have access to the support and understanding they need to thrive at work.
Understanding Common Symptoms of Menopausal Women
Menopausal symptoms can have a profound impact on a woman’s quality of life and her ability to perform at work. The most common symptoms include hot flashes, night sweats, vasomotor symptoms, and brain fog, which can disrupt concentration and productivity. Many women also report mood swings, difficulty concentrating, and sleep disturbances, all of which can make it challenging to maintain job performance.
For some, severe menopausal symptoms may lead to increased absenteeism or even consideration of leaving the workforce. Employers must recognize these common symptoms and foster a supportive work environment that helps women manage them. By increasing awareness and encouraging open conversations about menopause, workplaces can break the stigma and empower women to seek help.
Guidance from organizations like the Chartered Institute of Occupational Health and adherence to federal law can help employers create policies that protect women’s health and well-being during this important life stage.
Legal Implications of Menopause in the Work Environment
Do women have legal rights as far as accommodating menopause symptoms in the workplace? Right now, Menopause is not a condition granted rights under the Americans with Disabilities Act. According to the Job Accommodation Network (a branch of the Department of Labor).
According to the JAN, “when menopause occurs as a completely normal result of human aging, it is neither a physiological disorder nor a disability. Consequently, if a person does not have a disability, there is no obligation to provide workplace accommodations under the ADA. However, employers are free to accommodate employees even when they do not have a disability.” In my opinion, the Job Accommodation Network has fallen behind the times, and the above information is not technically or legally accurate.
Fortunately, there is a growing body of court decisions that have held that the underlying medical complications experienced by women included in the generalized term “menopause” are covered as physical and mental disabilities. For example, in some cases, courts have found that severe menopausal symptoms, when properly documented, may require employers to provide reasonable accommodations. These disabilities must be documented by employees with their employers by using letters from treating medical personnel to the employers; in turn, employees must request reasonable accommodations.
There are also legal resources and guides that have been created to help both employers and employees understand their rights and responsibilities regarding menopause and workplace accommodations.
What Ways Can Employers Support Women Going Through Menopause?
Considering that the symptoms of menopause can, at the very least, be bothersome, and at the most, be debilitating, employers and every manager would be smart to help accommodate this ever-growing population of their workforce. Here are five things to consider when it comes to making accommodations for menopause in the workplace:
- There Are Anti-Discrimination Laws
Consider that in many countries, menopause, a natural biological process, is protected under anti-discrimination laws that prohibit discrimination based on sex, gender, or age. Employers and managers are typically forbidden from treating women unfavorably or creating a hostile work environment due to menopause-related issues. Supporting women’s health and providing more support in the workplace is essential to ensure fair treatment and equal opportunities.
- You May Qualify for Reasonable Accommodations
While menopause alone may not meet the criteria for disability protection, certain menopause-related conditions or symptoms, such as severe hot flushes, migraines, or depression, could potentially qualify if they substantially limit major life activities. Employers may be obligated to provide adjustments, such as flexible work hours, changes to the work environment, or modified duties, to help women manage their symptoms effectively. Supporting women in dealing with and managing symptoms of menopause at work, including hot flushes, is crucial for their well-being and productivity.
- Can You Take Medical Leave and Sick Days?
Menopause-related symptoms may occasionally require women to take medical leave (FMLA leave) or sick days. Employment laws or company policies regarding medical leave, sick leave, or disability should be reviewed to ensure that menopause-related conditions are appropriately addressed and protected. Providing more support for employees dealing with menopause can help them remain engaged and productive.
- Health, Wellness, and Safety Regulations
Menopause symptoms like hot flushes and temperature sensitivity may require adjustments to the work environment to ensure the health and safety of women experiencing these symptoms. Adequate ventilation, access to cooling mechanisms, or modifications to dress codes to accommodate temperature regulation needs may be necessary. Adjusting working conditions and focusing on women’s health as part of workplace policies can help support women managing menopause at work.
- Considerations of Privacy and Confidentiality
Menopause is a personal and private matter. Employers and managers should respect the privacy and confidentiality of women experiencing menopause and ensure that sensitive medical information is handled appropriately, adhering to relevant privacy laws and regulations. Creating a supportive environment helps women feel comfortable dealing with menopause symptoms without fear of stigma.
Promoting Women’s Health
Supporting women’s health during the menopause transition is essential for both employee well-being and organizational success. Employers can make a significant difference by offering flexible working arrangements, providing access to occupational health services, and ensuring managers are trained to recognize and respond to menopausal symptoms. Many companies are now implementing menopause support initiatives, such as menopause-friendly policies, employee assistance programs, and dedicated resources to help women manage symptoms at work.
Encouraging lifestyle changes, like regular exercise, healthy eating, and stress management, can also help alleviate menopausal symptoms and improve overall health. By creating a supportive work environment and promoting women’s health, employers can boost morale, increase productivity, and help retain valuable talent. The Menopause Society and similar organizations offer practical resources and guidance to help companies create a menopause-friendly workplace where all employees can thrive.
Conclusion and Next Steps When Dealing With Menopause at Work
Menopause is a natural and significant part of a woman’s life, and providing support for menopausal symptoms in the workplace is essential for women’s health and well-being. Employers have a vital role to play in raising awareness, offering flexible working options, and creating a supportive work environment where women experiencing menopause feel understood and valued. By investing in training, resources, and open conversations, companies can help women manage symptoms and continue to succeed in their careers.
As we recognize World Menopause Day, let’s commit to breaking the stigma around menopause and building inclusive workplaces where every woman can reach her full potential. With ongoing support from organizations like the British Menopause Society and the Menopause Society, we can continue to improve resources and foster a culture of understanding and support for all women during the menopause transition.
Employees need to consult with an employment attorney to gain a comprehensive understanding of the specific legal requirements and obligations related to menopause in the workplace within their jurisdiction. Please contact us on our website or call us at (203) 255-4150, or by email at info@capclaw.com.
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