Short title

This Act may be cited as the

Menopausal Workers’ Fairness Act of 2026

Findings and purposes

(a)

Findings

The Congress finds the following: (1) Federal law currently does not explicitly protect against discrimination based on menopause and the menopause transition, though employees experiencing symptoms related to menopause and the menopause transition may have protection under laws and regulations—such as the Americans with Disabilities Act—prohibiting employment discrimination, including harassment, on the basis of age, sex, disability, or a combination of these characteristics, and from retaliation for requesting reasonable accommodation. (2)Despite existing protections, the topic of menopause and the menopause transition is often surrounded by stigma, and employees may not disclose the workplace impact of symptoms of menopause and the menopause transition or request accommodations related to symptoms of menopause and the menopause transition. (3)According to the Women’s Bureau at the United States Department of Labor, menopause has not been addressed comprehensively in the context of work, which has contributed to a lack of understanding about the impact of menopause and the menopause transition on workers and what types of policies and supports can be implemented to improve their experiences at work. (4) Formal workplace protections for workers experiencing symptoms of menopause and the menopause transition would bolster the ability of these workers to fully participate in the workplace, particularly now that women ages 45 to 64 make up over 17 percent of the U.S. labor force. (5) Other countries, such as the United Kingdom, have taken steps to address menopause and the menopause transition in the workplace, recognizing the economic and social costs of failing to accommodate these workers. (b)

Purposes

The purposes of this Act are the following: (1)To carry out the objective of expanding access for workers experiencing symptoms related to menopause and the menopause transition to reasonable accommodations that enable them to perform the essential functions of their job without risking their health or economic security. (2)To reduce stigma and promote awareness of menopause and the menopause transition in the workplace by normalizing the provision of accommodations and addressing the impact of menopause, the menopause transition, and symptoms related to the menopause transition in the workplace. (3)To further align the landscape of workplace protections with updated understandings of women’s health, by recognizing menopause and the menopause transition as a normal stage of life that requires appropriate workplace accommodations to support worker well-being and productivity. (4)To foster increased workplace inclusivity and equity, supporting women throughout their entire reproductive life cycle, and ensuring that individuals experiencing symptoms related to menopause and the menopause transition can continue to contribute their skills without facing discrimination or unnecessary barriers. (5)To support the retention of experienced employees by improving the workplace impacts of symptoms of menopause and the menopause transition, thereby promoting economic growth and reducing productivity losses tied to absenteeism, early retirement, and reduced job satisfaction. (6)To make it easier for workers experiencing symptoms related to menopause, and the menopause transition to obtain protection under Federal law.

Definitions

As used in this Act— (1)the term Commission means the Equal Employment Opportunity Commission; (2)the term covered entity— (A)has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–(n)); and (B)includes— (i)an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)); (ii)an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3 of the United States Code; (iii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and (iv) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies; (3)the term employee means— (A)an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B)a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), and an individual described in section 201(d) of the Congressional Accountability Act of 1995 (2 U.S.C. 1311(d)); (C)a covered employee (including an applicant), as defined in section 411(c) of title 3 of the United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies; (4) the term known limitation means physical or mental effects related to, affected by, or arising out of menopause, menopause transition, symptoms, and related effects that the employee or employee’s representative has communicated to the employer whether or not such effects meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), including but not limited to— (A) mood changes; (B) hot flashes; (C) stiff muscles; (D) irregular or worsening menstrual symptoms; (E) dizziness; (F) sleep disruptions; (G) cognitive issues; (H) joint and muscle pain; (I) fatigue; (J) anxiety; (K) depression; (L) urine leakage and urinary incontinence; (M) increased urinary tract and gynecological infections; (N) dry skin; (O) dry eyes; (P) dry mouth; (Q) racing heart; and (R) headaches; (5)the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)); (6)the term qualified employee means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if— (A)any inability to perform an essential function is for a temporary or intermittent period; (B) the essential function could be performed in the near future, taking into account the episodic nature of the condition; or (C) the inability to perform the essential function can be reasonably accommodated; (7) the terms reasonable accommodation and undue hardship have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms are construed under such Act and as set forth in the regulations required, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation; (8) the term Predictable Assessments means the individualized assessment of whether a modification listed in section 101 is a reasonable accommodation that would cause undue hardship will, in virtually all cases, result in a determination that the modifications listed in subparagraphs (I) through (IV) are reasonable accommodations that will not impose undue hardship when they are requested as accommodations by an employee who is experiencing menopause, menopause transition, symptoms, and related effects. Therefore, with respect to these modifications, the individualized assessment should be particularly simple and straightforward, without requiring documentation— (A) allowing an employee to carry or keep water near and drink, as needed; (B) allowing an employee to take additional restroom breaks, as needed; (C) allowing an employee whose work requires standing to sit and whose work requires sitting to stand, as needed; (D) allowing an employee to take breaks to eat and drink, as needed; and (E) any other such modification deemed appropriate by the Commission based on their expertise and on public comment; and (9) the terms menopause, menopause transition, symptoms and related effects shall be construed broadly in favor of expansive coverage to the maximum extent given their variable and intermittent nature, and include but are not limited to— (A) the term menopause refers to a life event— (i) defined by 12 consecutive months of no menstruation; (ii) irreversible and marked by the cessation of menstrual cycling, normally due to a decreased production of ovarian hormones associated with aging; and (iii) often occurs naturally with age, but can also happen due to surgery or medical treatments, including— (I) induced menopause, which refers to menopause that results from surgery (removal of the ovaries or uterus), chemotherapy, or radiation therapy; and (II) primary ovarian insufficiency, which refers to menopause occurring before the age of 40, either naturally or as a result of medical treatment or medical conditions; (B) the term menopausal transition refers to a period of time that— (i) largely overlaps with perimenopause; (ii) is often signaled by menstrual irregularity; (iii) encompasses the highly symptomatic years; (iv) is marked by fluctuations in estrogen levels; (v) has been estimated to last about four to eight years; and (vi) ends with the final menstrual period; (C) the term menopausal symptoms and related effects refers to symptoms that occur because of hormone fluctuations. Symptoms can include but are not limited to those listed in subparagraphs (A) through (J) of paragraph (4), which can affect work and overall quality of life patterns.

Nondiscrimination with regard to reasonable accommodations related to menopause

It shall be an unlawful employment practice for a covered entity to— (1)not make reasonable accommodations to the known limitations related to the menopause, menopause transition, symptoms, and related effects of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) require a qualified employee affected by menopause, menopause transition, symptoms, or related medical effects to accept an accommodation other than any reasonable accommodation; (3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the menopause, menopause transition, symptoms, or related medical effects of the qualified employee; (4) require a qualified employee to take leave, whether arrived at through the interactive process referred to in section 102(7) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(7)), paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the menopause, menopause transition, symptoms, or related medical effects of the qualified employee; (5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the menopause, menopause transition, symptoms, or related medical effects of the employee; and (6)treat information obtained regarding the medical condition or history of the employee as anything other than a confidential medical record that is collected and maintained on separate forms and in separate medical files, except that— (A)supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (B)first aid and safety personnel may be informed, when appropriate, if effects related to menopause or the menopause transition might require emergency treatment; and (C)government officials investigating compliance with this chapter shall be provided relevant information on the request.

Appropriation

There is hereby appropriated $4,500,000 to carry out this Act.

Remedies and enforcement

(a)

Employees covered by title VII of the Civil Rights Act of 1964

(1)

In general

The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act (42 U.S.C. 2000e et seq.) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 102(3)(A) of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg(3)(A)) except as provided in paragraphs (2) and (3) of this subsection. (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of such Act (42 U.S.C. 1981a(a)(1))). (b)

Employees covered by Congressional Accountability Act of 1995

(1)

In general

The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) for the purposes of addressing allegations of violations of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this Act provides to address an allegation of an unlawful employment practice in violation of such Act against an employee described in section 102(3)(B) of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg(3)(B)) except as provided in paragraphs (2) and (3) of this Act. (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (2 U.S.C. 1988) for the purposes of addressing allegations of such a violation shall be the powers, remedies, and procedures this Act provides to address allegations of such practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section, for purposes of addressing allegations of such a violation, shall be the powers, remedies, and procedures this Act provides to address any allegation of such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))). (c)

Employees covered by chapter 5 of title 3

(1)

In general

The powers, remedies, and procedures provided in chapter 5 of title 3 of the United States Code to the President, the Commission, the Merit Systems Protection Board, or any person alleging a violation of section 411(a)(1) of such title shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person, respectively, alleging an unlawful employment practice against an employee described in section 102(3)(C) of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg(3)(C)) except as provided in paragraphs (2) and (3) of this Act. (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person alleging such practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of such Act). (d)

Employees covered by Government Employee Rights Act of 1995

(1)

In general

The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c), to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 102(3)(D) of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg(3)(D)) of this except as provided in paragraphs (2) and (3) of this Act. (2)

Costs and fees

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section, shall be the powers, remedies, and procedures this Act provides to the Commission or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of such Act (42 U.S.C. 1981a(a)(1))). (e)

Employees covered by section 717 of the Civil Rights Act of 1964

(1)

In general

The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 102(3)(E) of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg(3)(E)) except as provided in paragraphs (2) and (3) of this subsection. (2)

Costs and fees

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))). (f)

Prohibition against retaliation

(1)

In general

No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this Act or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (2)

Prohibition against coercion

It shall be unlawful to coerce, intimidate, threaten, harass, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act. (3)

Remedy

The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this Act. (g)

Limitation

Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this Act or regulations implementing this Act, damages may not be awarded under section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the covered entity demonstrates good faith efforts, in consultation with the employee with known limitations related to menopause, menopause transition, symptoms, or related medical effects who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship on the operation of the covered entity. (h)

Rules of construction

The primary object of attention in cases under this Act should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of menopause, menopausal transition, symptoms, and related effects. Given the variable and intermittent nature of menopause, the menopausal transition, symptoms, and related effects, along with the need for further, more thorough examination into its full range of impacts, the question of whether an individual meets this definition under this part should not demand extensive analysis or documentation.

Rulemaking

(a)

EEOC rulemaking

Not later than 1 year after the enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5 of the United States Code to carry out this Act. Such regulations shall provide examples of known limitations associated with menopause, menopause transition, and related effects, examples of reasonable accommodations addressing such known limitations, and examples of when it is reasonable for covered entities to seek supporting documentation. (b)

OCWR rulemaking

(1)

In general

Not later than 6 months after the Commission issues regulations under subsection (a), the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall (in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384)) issue regulations to implement the provisions of this Act made applicable to employees described in section 104(b) of the Pregnant Workers Fairness Act (42 U.S.C. 2000gg–2(b)). (2)

Parallel with agency regulations

The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Commission under subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued under paragraph (1) that a modification of such substantive regulations would be more effective for the implementation of the rights and protection under this Act.

Waiver of State immunity

A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

Severability

If any provision of this Act or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act and the application of that provision to other persons or circumstances shall not be affected.