March 5, 2026
On December 3, 2025, Philadelphia Mayor Cherelle Parker signed the Philadelphia City Council legislation prohibiting discrimination and requiring accommodation on the basis of needs related to menstruation, perimenopause, or menopause. The new ordinance will take effect on January 1, 2027.
The bill amends the Philadelphia Fair Practices Ordinance to prohibit discrimination on the basis of menstruation, perimenopause, or menopause. The amended Ordinance also requires that employers provide reasonable workplace accommodations for “menstruation, perimenopause, or menopause, if the symptoms of menstruation, perimenopause, or menopause substantially interfere with an employee’s ability to perform one or more job functions.”
While the final regulations of the federal Pregnant Workers Fairness Act provide protections for conditions related to, affected by or arising out of pregnancy, childbirth, or related medical conditions, including menstruation, the amended Ordinance offers broader protections—covering menstruation, perimenopause, or menopause irrespective of whether the condition is connected to pregnancy or childbirth. While Rhode Island is the first state to expressly require employers to provide workplace accommodations for job applicants and employees who are experiencing menopause and menopause-related medical conditions, Philadelphia is the first major American city to include employees experiencing menstruation, perimenopause, and menopause among its list of protected classes.
Examples of potential accommodations for employees related to menstruation, perimenopause, or menopause include offering longer, more frequent or flexible rest breaks, changing the temperature or providing fans to address hot flashes, allowing the employee to wear lighter or less restrictive clothing or uniforms, or offering remote or hybrid work. The employer is not required to provide an accommodation which would cause an undue hardship.
Before the amended Ordinance goes into effect, employers with Philadelphia operations should update their discrimination and accommodation policies to reference the prohibition of discrimination on the basis of menstruation, perimenopause, or menopause and retaliation against employees for exercising their right to request accommodations for menstruation, perimenopause, and menopause. Additionally, because Philadelphia is the first major US city to adopt protections for menstruation, perimenopause, and menopause, Human Resources teams and management personnel may not be aware of these protections. It is particularly important for employers to educate human resources personnel, managers and supervisors on the protections of the amended Ordinance, how to respond to employee requests for accommodation, and their role in the interactive process.
Please contact attorneys Caroline Austin or Niyah Dantzler of the Duane Morris LLP Employment Department with any questions.
The article in its original form can be found here.
Caroline M. Austin (LAW ’94) is a partner at Duane Morrie LLP focusing on employment litigation, employment policy development, preventative counseling and training, unionization, and employee attrition.