Do NY Employees Have The Right To Accommodations For Menopausal Related Conditions?

Rhode Island recently became the first U.S. state to amend its anti-discrimination laws to explicitly require employers to provide reasonable accommodations for menopause-related conditions, such as hot flashes, sleep disruption, or heart palpitations, absent undue hardship to the employer. This development has prompted renewed attention nationwide on how workplace laws address the needs of employees who experience menopause.

Where New York Currently Stands

While New York has not yet enacted a menopause-specific accommodation law, several recently introduced pieces of legislation indicate that the passage of such a law is gaining traction. The following is an explanatory list of such bills:

Assembly Bill 5436-A

This bill, if introduced, would require employers to provide reasonable accommodations for employees experiencing menopause symptoms absent undue hardship. The bill would also obligate employers to distribute informational materials on employees’ rights related to menopause accommodations.

Senate Bill 3908

This bill, if introduced, would amend the New York Workers’ Compensation Law to permit employees to take up to four paid leave days per month within a 52-week period to address menopause-related conditions.

Current Legal Protections Still Apply

Although neither bill has advanced to passage, New York employers should anticipate continued legislative activity as policymakers evaluate whether existing frameworks adequately protect employees facing menopause-related challenges.

Even without a statute specifically referencing menopause, New York employees may already qualify for workplace accommodations under Americans with Disabilities Act, New York State Human Rights Law, and/or New York City Human Rights Law. While these statutes do not explicitly identify menopause as a protected condition, these currently existing federal, state and local statutes leave room for inconsistent judicial interpretation and application across workplaces.

Considerations for Employers

In light of the emerging legislative landscape, KMWB recommends that employers:

• Review internal accommodation policies to ensure flexibility for menopause-related symptoms;
• Ensure HR personnel understand their employers’ obligations as it relates to menopause-related conditions; and,
• Stay informed on the progress of the two pending bills, as any enacted changes may expand employers’ obligations on short notice.

Kucker Marino Winiarsky & Bittens will continue to track these bills and related legislative initiatives.

If you have questions about how these developments may affect your workplace or would like assistance reviewing and updating your accommodation policies, please contact Jack Malley, Partner in KMWB’s Labor and Employment Practice Group, at jmalley@kuckermarino.com.

Media Contacts:

Valerie Shutack
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
vshutack@kuckermarino.com