Rhode Island Becomes First State to Mandate Workplace Menopause Accommodations

Legislation recently signed into law makes Rhode Island the first state requiring employers to provide accommodations for employees and job applicants experiencing menopause and related medical conditions.

As Littler Mendelson attorneys wrote in July, Rhode Island Gov. Daniel McKee’s signing of House Bill No. 6161 mandated the state’s employers do so unless they “can demonstrate that the accommodation would pose an undue hardship on the employer’s business operations.”

Describing the legislation as “groundbreaking,” the attorneys explained that the bill amends the section of the Rhode Island Fair Employment Practices Act. That statute requires the state’s employers to provide reasonable accommodations for an applicant’s or employee’s condition related to pregnancy, childbirth and related medical conditions.

The new law amends the definition of “related conditions” to include the need to manage the effects of vasomotor symptoms, more commonly known as hot flashes and night sweats, Littler attorneys wrote, adding that the drafters of the law did not amend the definition of “reasonably accommodate,” which remains focused on accommodations related to pregnancy, childbirth and related medical conditions.

“At this time, it is unclear whether the definition of ‘reasonably accommodate’ will be amended to list potential accommodations for menopause and related conditions,” the attorneys said.

Rhode Island employers are now required to engage in a process to identify reasonable accommodations for individuals whose menopause symptoms affect their ability to perform essential job functions, and must do so even if the applicant or employee is not disabled by the pregnancy, childbirth or related medical condition.

For employers and HR, the new law “signals a significant shift in workplace compliance obligations,” the Littler attorneys said, adding that the revisions expand the scope of required accommodations to include a broader range of reproductive health conditions.

“Employers should review their existing handbook policies,” they advised, “and ensure that managers and HR professionals are equipped to recognize and respond to accommodation requests related to menopause and related medical conditions.”