Effective January 1, 2027, employers with employees working in Illinois or Philadelphia should be prepared for expanded workplace protections related to menopause and perimenopause. These developments are part of a growing number of state and local employment requirements addressing menopause-related workplace needs. 

Illinois: New Accommodation Requirements 

Illinois enacted legislation addressing menopause-related conditions and reasonable workplace accommodations. Beginning January 1, 2027, Illinois employees experiencing menopause-related conditions may be entitled to reasonable accommodations, subject to the requirements and limitations of Illinois law.

Potential accommodations may include flexible or modified work schedules, temperature or climate adjustments, private space for symptom management, remote work options, and certain light-duty assignments when safe and feasible. Employers must also engage in a timely, good-faith interactive process when an accommodation is requested. 

Philadelphia: Local Protections Also Expand 

Philadelphia has separately amended its Fair Practices Ordinance to expressly prohibit employment discrimination based on menstruation, perimenopause, and menopause. The ordinance also requires reasonable accommodations when symptoms substantially interfere with an employee's ability to perform one or more job functions, provided the employee requests an accommodation and the accommodation would not create an undue hardship. The changes take effect January 1, 2027. 

How These Requirements Interact With the Americans with Disabilities Act (ADA) 

Employers should also consider federal ADA requirements when responding to an employee experiencing menopause-related symptoms. The ADA generally applies to employers with 15 or more employees and requires reasonable accommodation for a qualified individual with a disability unless doing so would create an undue hardship. 

Menopause or its symptoms are not automatically an ADA disability. The ADA determination depends on whether the employee has an impairment that meets the ADA's definition of disability. Intermittent symptoms may still qualify depending on their impact when active. Importantly, an employee may have accommodation rights under state or local law even when the ADA does not apply. For example, an employer with fewer than 15 employees may not be covered by the federal ADA but could still be subject to applicable state or local requirements. 

Manager Guidance: Responding to Employee Concerns 

Because accommodation discussions may begin between an employee and their direct manager, managers should be prepared to recognize when an employee may need a workplace adjustment related to a medical condition. 

Managers should: 

• Avoid making medical or legal determinations. Do not attempt to diagnose a condition or decide whether an employee qualifies for protection. 

• Do not promise or deny an accommodation on the spot. Acknowledge the concern engage in an interactive process to identify an effective accommodation. 

  
  

Best Practice: Use One Accommodation Process 

For employers subject to multiple requirements, a practical approach is to use one consistent, interactive accommodation process rather than trying to determine at the outset which law applies. When an employee raises a menopause-related workplace concern: 

• Listen to the employee's stated workplace need rather than requiring the employee to use specific legal terminology such as "ADA accommodation." 

• Engage in an interactive process to identify an effective accommodation. 

• Consider reasonable options such as schedule modifications, additional flexibility, temperature adjustments, workspace changes, breaks, remote or hybrid work where appropriate, or leave, depending on the circumstances and applicable law. 

• Maintain appropriate confidentiality for medical information and accommodation documentation. 

• Train supervisors and managers to recognize when an employee may be requesting assistance and to promptly refer the matter to HR rather than attempting to make a medical or legal determination themselves. 

Using a coordinated process can help employers provide appropriate support to employees while reducing the risk of overlooking a state or local requirement that may provide protections beyond the federal ADA. 

The employer’s established leave of absence (LOA) process should be used when an employee needs time away from work for three days or more under an applicable leave program. However, not every accommodation involves leave. An employee may need a workplace adjustment—such as additional breaks, a modified schedule, or a temperature change—while continuing to work. 

Undue Hardship: What Employers Should Know 

Undue hardship generally means that a requested accommodation would create significant difficulty or expense for the employer. Employers should not assume that an accommodation creates an undue hardship simply because it is inconvenient, involves some expense, or changes how work is normally performed. Each request should be evaluated based on the specific circumstances. 

• Federal ADA: Factors may include the nature and cost of the accommodation, the employer's financial resources, the number of employees, and the nature and structure of the business. 

• Illinois: The 2027 menopause-related requirements include an undue-hardship limitation. Employers should evaluate the specific request and consider whether another effective accommodation may be available. 

• Philadelphia: The menopause-related ordinance also recognizes undue hardship as a limitation on the accommodation requirement. 

The Equal Employment Opportunity Commission (EEOC) defines an accommodation as an undue hardship when it materially disrupts operations, prevents timely customer service, or cannot reasonably be performed given the nature of the job.

On the other hand, an accommodation that involves some expense or requires a modest change to an employee's schedule does not necessarily constitute an undue hardship. Each request should be evaluated based on the specific circumstances.  See examples under EEOC – The ADA: A Primer for Small Business.  

Additional Resources 

Employers seeking additional information on reasonable accommodations and the ADA may review the U.S. Equal Employment Opportunity Commission's employer resources, including guidance addressing telework/remote work as a reasonable accommodation: 

• EEOC – Work at Home/Telework as a Reasonable Accommodation  

• EEOC – Disability Discrimination and Employment Decisions  

• EEOC – Disability-Related Resources for Employers 

As a PEO and HR compliance partner, C2 monitors employment requirements that may affect clients and their employees across multiple jurisdictions. When an employee requests an accommodation, C2 can assist with the initial HR review and help identify applicable federal, state, and local requirements.