Menopause & Workplace Discrimination: Holding Companies Accountable By Dan Atkerson on July 25, 2024

A mature woman in an office meeting

Discrimination in the workplace is illegal and can take many forms. For example, age discrimination can occur when an employee is denied a promotion due to their age. Gender discrimination is also common and happens anytime an employee is treated unfairly due to their sex or gender identity.

When it comes to age and gender discrimination, menopausal women often suffer both. Menopause causes significant symptoms that can affect daily life for many menopausal women. Many employers don’t understand this and may end up treating menopausal employees unfairly.

Attorney Dan A. Atkerson helps clients facing age discrimination in Allen, TX, Plano, TX, and Frisco, TX, recover compensation for lost wages and other damages while holding companies accountable for discrimination. If you believe you were a victim of workplace discrimination, we encourage you to schedule a consultation with discrimination attorney Dan A. Atkerson.

About Menopause

Menopause is something that happens to women as they get older. In simplest terms, menopause is when a woman no longer menstruates or gets her period and she can no longer get pregnant. While menopause usually happens during a woman’s 50s, it can start earlier. Often, four to eight years prior to menopause, women will experience something called perimenopause which is when the body begins the transition into menopause.

Perimenopause and menopause affect women in many ways, often interfering with daily life to some degree. This can make it difficult to perform work duties and other daily tasks. Symptoms can be so severe that without reasonable accommodations, it can be difficult for some women to continue working. Symptoms include:

  • Insomnia
  • Hot flashes
  • Night sweats
  • Extreme fatigue
  • Panic attacks
  • Headaches
  • Irregular periods
  • Dizziness
  • Joint pain and muscle stiffness
  • Mood changes
  • Memory lapses
  • Brain fog

Perimenopause and menopause are not a small problem. According to a report by Forbes, 92% of women between the ages of 50 and 65 surveyed had experienced menopause symptoms during the past year and of these women, 40% said menopause symptoms interfered with their work performance at least every week. Further, 17% either quit or considered quitting their job because of their menopause symptoms.

Menopause and Age and Gender Discrimination

Federal laws protect workers from age and gender discrimination. What this means is it’s illegal for employers to treat someone unequally or unfairly based on their age (when 40 years old or older) or their sex, gender identity, sexual orientation, or pregnancy.

When it comes to menopause, women may face discrimination from employers who often lack an understanding of menopause and how it affects women. Sadly, this leaves many women unsupported in the workplace and sometimes even discriminated against. This can look like:

  • Being passed over for a promotion due to menopause symptoms
  • Being harassed about being in menopause or for having hot flashes or other menopause symptoms
  • Firing an employee for menopause related health issues
  • Failure to make reasonable accommodations for employees with health issues related to menopause

What Are Reasonable Accommodations for Menopause?

Providing reasonable accommodations can help prevent menopause discrimination and help women feel supported in the workplace as they transition through menopause. Some helpful accommodations may include:

  • Temperature-controlled rooms
  • Flexible work hours
  • Providing a quiet room for rest periods
  • Allowing remote work
  • Increasing access to restrooms and water
  • Adapting dress code or uniform requirements

Holding Employers Accountable

Perimenopause and menopause are health issues with significant symptoms affecting a majority of women around the ages of 45 to 55. Accordingly, the symptoms of perimenopause and menopause generally fall under the protections of age and gender discrimination laws.

If you believe you have been discriminated against in the workplace, it’s important to speak with an attorney to determine if taking legal action is right for you. To learn more about your legal options, please schedule a case review with the Law Offices of Dan A. Atkerson today.

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule a consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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