Philadelphia Expands Workplace Protections for Menstruation, Perimenopause and Menopause: What Employers Need to Know Before Jan. 1, 2027
On Dec. 3, 2025, Philadelphia enacted Bill No. 250849, amending the Philadelphia Fair Practices Ordinance (PFPO) to expressly prohibit discrimination based on menstruation, perimenopause and menopause and require employers to provide reasonable accommodations for related workplace needs effective Jan. 1, 2027. Philadelphia is the first major U.S. city to enact workplace protections specifically addressing all three conditions.
What Has Changed?
The amendment adds menstruation, perimenopause and menopause to the list of protected characteristics under the PFPO. As a result, employers may not discriminate against applicants or employees because they are experiencing menstruation, perimenopause or menopause. The ordinance also amends Philadelphia’s employment discrimination provisions to make it unlawful to deny or interfere with employment opportunities on these bases. And because the PFPO applies to any employer that does business in Philadelphia through employees or employs one or more employees, even the smallest Philadelphia employers are covered.
New Accommodation Requirement
Perhaps the most significant aspect of the amendment is its accommodation mandate. The amendment folds these conditions into Section 9-1128, the same provision that already requires employers to accommodate needs related to pregnancy, childbirth, related medical conditions and reproductive health autonomy.
Beginning Jan. 1, 2027, employers must provide reasonable accommodation when:
- An employee experiences symptoms related to menstruation, perimenopause or menopause that substantially interfere with the employee’s ability to perform one or more job functions
- The employee requests accommodation
- The accommodation would not cause undue hardship to the employer
While the ordinance amendment does not identify specific accommodations, employers should anticipate requests similar to those commonly seen in disability and pregnancy-accommodation contexts, such as schedule modifications, additional breaks, workspace temperature adjustments, temporary remote work arrangements or other individualized workplace modifications.
Relationship to Existing Laws
The new Philadelphia protections go beyond many existing federal and state requirements.
Although employees may, in some circumstances, obtain protection under Title VII, the Americans with Disabilities Act, or the Pregnant Workers Fairness Act, those statutes generally require a connection to sex discrimination, pregnancy, childbirth, a related medical condition or a qualifying disability. The Pennsylvania Human Relations Act likewise does not expressly protect these conditions. Philadelphia’s amendment creates an independent basis for protection specifically tied to menstruation, perimenopause and menopause.
Employer Action Items
Employers with employees working in Philadelphia should consider taking the following steps before the law becomes effective:
- Update equal employment opportunity, anti-harassment and anti-discrimination policies to include menstruation, perimenopause and menopause as protected categories
- Review accommodation policies and procedures to ensure they encompass requests related to these conditions
- Train human resources personnel, managers and supervisors on recognizing and appropriately responding to accommodation requests, which may come informally and without any reference to the ordinance
- Reinforce anti-retaliation policies to prohibit adverse action against employees who request accommodation or otherwise invoke rights under the ordinance
- Review documentation and interactive-process practices to promote consistency in handling accommodation requests, and consult counsel before denying a request on undue-hardship grounds
Takeaway
Philadelphia’s amendment reflects a growing legislative trend toward workplace protections addressing menstruation- and menopause-related issues. Employers with Philadelphia operations should use the remaining weeks before Jan. 1, 2027, to update policies, train managers and evaluate accommodation procedures to ensure compliance with the expanded requirements. Preparing now costs far less than defending a Philadelphia Commission on Human Relations complaint later, and experienced employment counsel can help you get there quickly and efficiently.
If you have questions regarding the Philadelphia Fair Practices Ordinance, please contact Lisa M. Scidurlo, Michael G. Tierce or a member of Stevens & Lee’s Labor and Employment Group.
