Philadelphia will become the first city in the United States to prohibit workplace discrimination based on menstruation, perimenopause, or menopause when its amended “Fair Practices Ordinance: Protections Against Unlawful Discrimination” takes effect on January 1, 2027. The change mandates that employers provide reasonable accommodations for employees whose symptoms from these conditions substantially interfere with their job performance.
Expanding Beyond Federal Labor Standards
The amendment expands existing labor standards by providing coverage that is not contingent upon pregnancy or childbirth.
While federal laws like the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act provide some protection for medical conditions, they generally require a link to a specific disability or pregnancy-related status. Philadelphia’s new ordinance, as reported by JD Supra, creates a distinct category of protection for individuals experiencing these specific hormonal changes.
The Interactive Process and Employer Obligations
Under the new law, employers must engage in an “interactive process” once an employee requests an accommodation.
If the requested adjustment does not cause an “undue hardship”—a standard that varies based on an employer’s industry, logistics, and workforce size—the employer must provide it. Saul Ewing LLP notes that while employers are required to accommodate, they are not necessarily obligated to provide the specific accommodation the employee prefers.
Updating Handbooks and Preventing Hostile Environments
To prepare for the January 1, 2027, implementation date, legal guidance suggests that Philadelphia businesses update their employee handbooks and anti-discrimination policies.
Saul Ewing LLP advises that management and human resources personnel should receive training to identify when a conversation about physical symptoms, such as severe cramps or hot flashes, constitutes a formal request for an accommodation.
Workplace training should also address conduct to prevent hostile work environment claims. This includes educating staff on the professional handling of these topics to avoid dismissive or mocking behavior toward colleagues. Potential accommodations, depending on individual needs, may include adjusted seating, temperature controls, flexible or hybrid schedules, and increased access to restroom breaks.
A Growing Wave of State and Municipal Measures
Philadelphia’s ordinance arrives as other jurisdictions move toward similar protections.
As of early 2027, Illinois is set to begin protecting employees against discrimination related to perimenopause and menopause, while Rhode Island maintains existing protections for “menopause-related conditions.” According to reporting by JD Supra, lawmakers in California, New York, and New Jersey are currently considering similar legislative measures.
Understanding the New Mandates
Does the new law require an employer to grant any requested accommodation?
No. Employers must provide a reasonable accommodation, but they are not required to provide the specific one requested if it causes an “undue hardship.” Employers are expected to engage in an interactive process to find a solution that works for both the individual and the business.
How does this differ from the Americans with Disabilities Act?
The ADA generally requires a condition to be classified as a disability to trigger mandatory accommodations. Philadelphia’s ordinance provides protection for menstruation, perimenopause, and menopause specifically, regardless of whether these conditions meet the federal definition of a disability or are related to pregnancy.
What should managers do if an employee mentions symptoms at work?
Managers should avoid dismissing these comments as personal inconveniences. Instead, they should treat such statements as potential requests for accommodation, which triggers the interactive process required by the new city ordinance.
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