Philadelphia City Council Approves Menstruation, Perimenopause, and Menopause Protections in the Fair Practices Ordinance, by Jennifer Prior, Esq., 11-24-2025

Philadelphia City Council has approved legislation amending the Philadelphia Fair Practices Ordinance to protect employees from discrimination on the basis of menstruation, perimenopause, and menopause. The amendment will take effect January 1, 2027.

Under the amended law, employers must make reasonable accommodations for employees whose symptoms related to menstruation, perimenopause, or menopause substantially interfere with their ability to perform one or more job functions—provided the employee requests the accommodations and it does not impose an undue hardship on the employer.

Potential accommodations may include:

• More frequent restroom breaks
• Flexible or modified scheduling
• Telework or hybrid work options
• Uniform adjustments or more comfortable work attire
• Temperature control in the workplace
• Temporary modifications to job duties

Background

Currently, menstruation, perimenopause, and menopause are not recognized as protected classes under Pennsylvania or federal law. However, employees may sometimes be protected under existing laws related to sex, age, or disability. For instance, in December 2024, the EEOC sued Equinox Holdings, Inc. for disability and sex discrimination after the company allegedly refused to hire a female applicant who had endometriosis, citing her “monthly cycle” and potential need for accommodations.

Action Steps for Employers

To prepare for compliance while maintaining operational efficiency, employers may consider the following proactive measures:

• Policy Review and Update: Revise employee handbooks and leave policies to explicitly include menstruation, perimenopause, and menopause accommodations as part of your reasonable accommodation framework.
• Training and Awareness: Provide management and HR teams with targeted training on recognizing accommodation requests and responding appropriately while maintaining privacy and respect.
• Accommodation Request Process: Implement a clear, documented process for employees to request accommodations, including confidentiality safeguards and timelines for responses.
• Assessment of Workplace Flexibility: Identify positions and job functions where temporary schedule adjustments, telework, or duty modifications could be feasibly implemented without undue hardship.
• Facility and Equipment Considerations: Review workplace amenities—restroom access, temperature controls, and uniform requirements—to ensure practical accommodations can be made efficiently.
• Monitoring and Documentation: Maintain records of accommodation requests and actions taken to ensure compliance and mitigate potential legal risk.
• Consult Legal and HR Expertise: Engage legal counsel or HR professionals to align internal policies with the new ordinance and best practices for fair, consistent implementation.

This amendment represents a significant shift in Philadelphia employment law, reinforcing the importance of proactive compliance and thoughtful accommodation policies.

Author: Jennifer Prior is a Partner in the Philadelphia office of Kaufman Dolowich