Menstrual health at work: How to lawfully accommodate menstruation

A menstrual leave policy provides paid or unpaid leave for employees experiencing menstrual pain or other related health issues. While no federal law currently mandates menstrual leave, existing federal and state laws affect employer obligations and employee rights surrounding menstrual health. This article examines those laws and provides guidance for employers looking to lawfully accommodate menstrual health at work.

Existing legal framework

Title VII of the Civil Rights Act of 1964 is a federal employment law prohibiting discrimination against current or former employees and job applicants based on protected characteristics, including sex. You can’t discriminate based on a protected characteristic in hiring, termination, compensation, privileges of employment, or the terms and conditions of employment. Discrimination “because of sex” is defined broadly and includes discrimination based on:

·     Gender;

·     Pregnancy, childbirth, or related medical conditions; and

·     Sexual orientation and gender identity.