Key Points

• New Protected Categories Take Effect January 1, 2027. Philadelphia's amended Fair Practices Ordinance explicitly prohibits workplace discrimination on the basis of menstruation, perimenopause and menopause.
• Employers Must Provide Reasonable Accommodations. When symptoms substantially interfere with an employee's ability to perform one or more job functions, employers must provide reasonable accommodation unless doing so would cause undue hardship.
• Review Policies and Train Managers Now. Employers with operations in Philadelphia should update anti-discrimination policies, establish accommodation procedures and train managers and HR personnel.

The City of Philadelphia has amended its Fair Practices Ordinance to explicitly prohibit workplace discrimination on the basis of menstruation, perimenopause and menopause. The amendment also requires employers to provide reasonable accommodation for employees whose symptoms of these conditions substantially interfere with their ability to perform one or more job functions. The ordinance takes effect on January 1, 2027, and all Philadelphia employers should begin reviewing their policies now to ensure compliance.

Background and Legislative Context

Federal, state and local laws already prohibit employers in Philadelphia from discriminating on the basis of sex and require employers to provide reasonable accommodations for pregnancy, childbirth and related medical conditions. Similarly, existing laws prohibit disability-based discrimination and require reasonable accommodations to allow employees to perform the essential functions of their jobs. However, menstruation, perimenopause and menopause protections do not clearly fall within these existing frameworks.

Instead of employees trying to seek relief from various statutes, including the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act or the Americans with Disabilities Act, Philadelphia's new ordinance makes these protections clear and explicit.

Philadelphia follows Rhode Island, which in July 2025 became the first jurisdiction to explicitly prohibit discrimination on the basis of menopause and to require employers to provide reasonable accommodation for menopause-related symptoms.

Key Provisions of the Amendment

Expanded Protected Categories. The amendment adds "menstruation, perimenopause, [and] menopause" to the definition of "Discrimination" in Section 9-1102 of the Philadelphia Code.

Prohibition on Employment Discrimination. Under revised Section 9-1103, it is an unlawful employment practice to deny or interfere with the employment opportunities of an individual based on menstruation, perimenopause or menopause. By way of example, if an employer were to terminate an employee because of heavy menstrual bleeding resulting in leaking, that action would likely violate the new law.

Reasonable Accommodation Requirement. The amendment expands Section 9-1128, which previously required employers to provide reasonable accommodations for needs related to reproductive health autonomy, pregnancy, childbirth or a related medical condition. That section now also requires employers to provide reasonable accommodations for symptoms of menstruation, perimenopause or menopause, provided two conditions are met: (i) the employee requests the accommodation and (ii) the accommodation will not cause an undue hardship to the employer.

Critically, the accommodation obligation applies only when the symptoms of menstruation, perimenopause or menopause "substantially interfere with an employee's ability to perform one or more job functions." Although the ordinance does not define "substantially interfere," the legislative intent suggests that accommodations are required when a worker cannot perform some part of her job. For instance, if period pain is so severe that a retail worker cannot stand for her shift, or if hot flashes prevent a food service worker from staying in the kitchen.

Undue Hardship Standard. Undue hardship is assessed through an individualized analysis that considers factors such as the cost of the accommodation, the size of the workforce and the employer's financial resources. As with other accommodation obligations, the type of reasonable accommodations and the employer's ability to demonstrate undue hardship will vary by job, employer and industry.

Types of Accommodations

Examples of potential accommodation include access to bathrooms and drinking water, brief flexible breaks, breathable uniforms, temperature control to manage hot flashes, fans or ventilation, the ability to layer clothing and short-term scheduling flexibility.

Recommended Next Steps

In advance of the January 1, 2027 effective date, employers with operations in Philadelphia should consider the following:

Review and update anti-discrimination policies. Ensure that employee handbooks, anti-discrimination policies and equal employment opportunity statements expressly include menstruation, perimenopause and menopause as protected categories.

Establish or update reasonable accommodation procedures. Develop or revise accommodation request processes to address requests related to menstruation, perimenopause and menopause symptoms. As with other accommodation obligations, employers should engage in an interactive process with the requesting employee to identify effective reasonable accommodations that do not impose an undue hardship.

Train managers and human resources personnel. Ensure that supervisors, managers and HR staff understand the new protections and are prepared to handle accommodation requests promptly and without retaliation. Reach out to experienced employment counsel if you have questions.

Evaluate workplace conditions. Consider whether existing workplace conditions — including break policies, dress codes and temperature controls — may need to be adjusted to facilitate compliance with the new law.

For more information, please contact Steven K. Ludwig at 215.299.2164 or sludwig@foxrothschild.com, or another member of the firm's Labor & Employment Department.

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