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How Do Employers Accommodate Menopause?
Editor's Note
How Do Employers Accommodate Menopause?
It's great that Rhode Island is requiring employers to provide reasonable accommodations for menopause. But let's get real. What does that look like? And will anybody be brave enough to ask for it?
Menopause can cause lots of different symptoms. Some common ones are: hot flashes, night sweats and other forms of thermostatic whiplash. Then there's the fatigue, mood changes, and brain fog, which I'm convinced are at least partly related to difficulty sleeping.
But how would an employer accommodate these types of symptoms? Some are easy, like desktop fans, and the availability of ice or at least cool drinks. Some probably involve time off if the fatigue and sleep issues are a big problem.
I'm not sure how you "accommodate" brain fog and mood changes. And I can't imagine employees, especially women of a certain age who have been undervalued and discriminated against their entire careers going to their managers and asking for assistance due to brain fog. We're already overperforming just to be taken seriously. We're not going to give employers any excuse to discount us further.
This looks like good intentions that won't really make a difference. I would be delighted to be wrong. Here's more on the new Rhode Island law on menopause accommodation.
- Heather Bussing
Rhode Island Becomes First State to Mandate Workplace Accommodations for Menopause
by Jill Marie Lowell, Amy Mendenhall, and Gregory Tumolo
at Littler
On June 24, 2025, Rhode Island Governor Daniel McKee signed into law House Bill No. 6161, making Rhode Island the first state in the nation to expressly require employers to provide workplace accommodations for applicants and employees experiencing menopause and related medical conditions unless the employer can demonstrate that the accommodation would pose an undue hardship on the employer’s business operations.
This groundbreaking legislation amends the section of the Rhode Island Fair Employment Practices Act requiring employers to provide a reasonable accommodation for an applicant’s or employee’s condition related to pregnancy, childbirth, and related medical conditions to require accommodation of menopause and related medical conditions, effective as of June 24, 2025. The law amends the definition of “related conditions” to include “the need to manage the effects of vasomotor symptoms”—commonly referred to as “hot flashes” and “night sweats.” Notably, however, the drafters of the law did not amend the definition of “reasonably accommodate,” which remains focused on accommodations related to pregnancy, childbirth, and related medical conditions. At this time, it is unclear whether the definition of “reasonably accommodate” will be amended to list potential accommodations for menopause and related conditions.
Effective June 24, 2025, employers are now required to engage in a timely, good-faith, and interactive process to identify reasonable accommodations for individuals whose menopause symptoms impact their ability to perform essential job functions. Unlike under the Americans with Disabilities Act, reasonable accommodations are required under the Rhode Island Fair Employment Practices Act even if the applicant or employee is not disabled by the medical condition.
In addition to the accommodation requirements, the revised Section 28-5-7.4 of the Rhode Island General Laws includes new notice and posting requirements. Employers must post a written notice in the workplace advising employees of their right to be free from discrimination in relation to menopause and related medical conditions and their right to request reasonable accommodations. Additionally, employers must provide written notice of employee rights to new employees at the commencement of employment, existing employees by October 22, 2025 (120 days after the law’s effective date), and any employee who notifies the employer that they are experiencing menopause-related conditions within 10 days of such notification.
For employers and HR professionals, the new law signals a significant shift in workplace compliance obligations. While many organizations already accommodate pregnancy, childbirth, and related medical conditions, the revised Section 28-5-7.4 expands the scope of required accommodations to include a broader range of reproductive health conditions. Employers should review their existing handbook policies and ensure that managers and HR professionals are equipped to recognize and respond to accommodation requests related to menopause and related medical conditions.