Rhode Island enacts first-in-nation menopause workplace protection law

by Whitney Brown, Lehr Middlebrooks Vreeland & Thompson, P.C.

When she protested the Equal Employment Opportunity Commission’s (EEOC) overly broad Pregnant Worker Fairness Act (PWFA) regulations, now-EEOC Chair Andrea Lucas criticized the exhaustive list of pregnancy- or childbirth-related medical conditions as requiring the accommodation of nearly every physical or mental condition that could arise from womanhood—or at least having a female reproductive system. It was a more-than-fair point, as the EEOC defined such covered conditions to include things such as back pain, endometriosis (heavy and/or painful periods), menstruation, hormonal changes, and the use of contraception. Only one major phase of the female reproductive cycle was absent from the EEOC’s regulations, and that was menopause.

Well, if I didn’t know better, I would think that omission gave the legislators of Rhode Island an idea. In November, Rhode Island amended its pregnancy accommodation law to cover pregnancy-related and menopause-related conditions, including “vasomotor symptoms”—i.e., hot flashes.

It’s an interesting idea, and one that could catch on in other states, especially in the form Rhode Island used—as an amendment expanding an existing piece of legislation.

If you have any questions or would like additional information, please contact Whitney Brown at 205-323-9274 or wbrown@lehrmiddlebrooks.com.