Workplace Fairness for Women at Midlife: A Conversation on Menopause and Employee Rights

In this episode Jack Tuckner, Esq. and Catherine Crider, Esq. of Tuckner, Sipser, Weinstock & Sipser, LLP, a NY-based law firm dedicated to workplace gender rights, join us to discuss the significant challenges faced by women at midlife, particularly around menopause, and how the workplace can better support them. The conversation is a deep dive into the legal landscape of workplace accommodations, how to navigate discussions about menopause with employers, and why it’s critical to push for legislative changes, such as a Menopause Workplace Fairness Act.

With over 20 years of experience, Jack advocates for working women at all stages of their reproductive life cycle, from pregnancy through menopause. His practice focuses on combating sexual harassment, pregnancy discrimination, illegal gender pay disparity, sex discrimination, maternity leave matters, unlawful retaliation, and wrongful termination. He has long fought for women’s rights and against the unequal and wrongful treatment of women in the workplace. In doing so, Jack has gained a reputation for feminist activism and the pursuit of gender justice in pay for all women. 

Catherine works with the team advocating for women’s rights in the workplace. As part of her advocacy, she represents clients facing challenges including combating sexual harassment, pregnancy discrimination, illegal pay disparity, and other forms of workplace discrimination. In addition to being a lawyer, Catherine is an active labor and postpartum doula helping families. When she’s not working with families one-on-one, she teaches childbirth education and postpartum classes for new parents across the United States.

Topics covered in this episode:

• Understanding the Legal Landscape Around Menopause: While there are no specific laws in place directly addressing menopause currently, the symptoms women experience during perimenopause and menopause could fall under existing protections like the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Civil Rights Act (Title VII). These laws provide a foundation for women to request reasonable accommodations, such as flexibility in scheduling or adjustments to the work environment.
• Why Workplace Accommodations are Crucial: Menopause, much like pregnancy, requires acknowledgment in the workplace. Women at midlife may face challenges due to symptoms like hot flashes, insomnia, or brain fog, which can negatively impact their work performance. Providing accommodations such as flexible hours or temperature control can help women continue to excel in their careers.
• The Fight for the Menopause Workplace Fairness Act: Modeled after the recently passed Pregnant Workers Fairness Act (PWFA), this new proposed menopause protective legislation seeks to ensure that menopause-related symptoms receive the same protections as pregnancy, helping to protect women’s rights in the workplace.
• Take Action and Start the Conversation: Women need to advocate for themselves. This starts with awareness of their rights and having conversations with their employers about the accommodations they need to continue to optimally perform their jobs. 
• Promoting Awareness and Change: As more women work longer and remain in their careers well into midlife, the need for understanding and accommodations becomes even more pressing. By advocating for change at both an individual and legislative level, women can ensure that their workplaces evolve to support them throughout all stages of life.

For more insights on navigating workplace challenges during menopause and advocating for your rights, tune in to this impactful episode of The Positive Pause*.