Key Takeaways
- Philadelphia has amended its Fair Practices Ordinance to expressly prohibit discrimination based on menstruation, perimenopause and menopause.
- Employers will also be required to provide reasonable accommodations when symptoms associated with menstruation, perimenopause or menopause substantially interfere with an employee’s ability to perform one or more job functions.
- The amendments will take effect Jan. 1, 2027, giving employers time to review existing discrimination and accommodation policies and practices.
Philadelphia employers will soon face another expansion of their workplace obligations under the city’s Fair Practices Ordinance. Last year, Philadelphia Mayor Cherelle Parker signed Bill No. 250849, which adds express protections for menstruation, perimenopause and menopause to the Fair Practices Ordinance. The amendments, which will go into effect Jan. 1, 2027, prohibit actual or perceived discrimination based on these conditions and create new reasonable accommodation obligations for covered employers.
New Antidiscrimination Protections
The Philadelphia Fair Practices Ordinance, which applies to employers with one or more employees working in Philadelphia, prohibits discrimination in employment on numerous grounds. The new bill amends the ordinance to prohibit discrimination on the basis of menstruation, perimenopause or menopause.
New Accommodation Requirements
Under the amended ordinance, employers will need to provide reasonable accommodations for menstruation, perimenopause or menopause when the associated symptoms “substantially interfere with an employee’s ability to perform one or more job functions,” provided that the employee requests such accommodations and the accommodations will not cause undue hardship to the employer.
Next Steps for Employers
While the amendments do not take effect until Jan. 1, 2027, as we approach the end of this year Philadelphia employers can use the lead time to evaluate their existing policies and compliance practices. In particular, employers should consider reviewing and revising their employee handbooks generally, and their equal employment opportunities and reasonable accommodation policies in particular, to address the new protections. Employers should also consider training human resources professionals, managers and supervisors on how to identify accommodation requests and appropriately engage in the interactive process.
Employers with questions about the new amendments can contact the authors or the BakerHostetler Labor and Employment Practice Group for more information.
