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Philadelphia has passed legislation prohibiting discrimination and requiring accommodation on the basis of needs related to menstruation, perimenopause, or menopause, becoming the first major U.S. city to explicitly offer these expansive protections. Only Rhode Island currently protects menopause, although New York is considering a similar bill.
Philadelphia amended its Fair Employment Practices Ordinance on December 19, 2025, to add these conditions as protected classes. The final bill, which takes effect on January 1, 2027, states that it shall be an unlawful employment practice for an employer to fail to provide reasonable accommodations to an employee for needs related to reproductive health autonomy; pregnancy, childbirth, or a related medical condition; or menstruation, perimenopause, or menopause, if the symptoms of menstruation, perimenopause, or menopause substantially interfere with an employee's ability to perform one or more job functions, provided (1) the employee requests such accommodations and (2) such accommodations will not cause an undue hardship to the employer. Potential accommodations may relate to symptoms such as hot flashes, fatigue, or irregular menstruation.
The explicit protections under the ordinance go beyond those of the federal Pregnant Workers Fairness Act, which provides protections for pregnancy, childbirth, and related medical conditions, which, under the EEOC's final regulations, include menstruation and vaginal bleeding (particularly where there is a nexus to a current or prior pregnancy or childbirth), though the regulations do not specifically identify menopause or perimenopause (see our Alert here).
Philadelphia employers should review their discrimination and accommodation policies ahead of the ordinance going into effect. Ballard Spahr's Labor and Employment group routinely advises employers on compliance with local employment laws, including revising employment policies, providing training that helps avoid future issues, and defending against claims should they arise.
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