Employers are being alerted to the risk of legal action if they fail to accommodate workers experiencing menopause symptoms.

Following new guidance from the Equality and Human Rights Commission (EHRC), menopause can now be considered a disability.

The EHRC’s new notes clarify the obligations employers have towards employees going through menopause demonstrating that symptoms, such as hot flushes, brain fog, and difficulty sleeping, could necessitate workplace adjustments to avoid disability discrimination under the Equality Act 2010.

The guidance suggests practical adjustments employers can make, including offering flexible working hours, rest areas, and relaxing uniform policies to allow for cooler clothing.

The new document states that failure to make “reasonable adjustments” for employees whose menopause symptoms have a “long-term and substantial impact” on their daily activities.

The EHRC has cautioned that the financial repercussions of not adhering to these guidelines could be significant, including the loss of talent and the costs associated with defending against discrimination claims.

Research cited by the EHRC indicates a troubling trend, with one in 10 women who worked during their menopause feeling compelled to leave their job due to symptoms.

Additionally, two-thirds of women aged 40 to 60 experienced negative impacts from menopausal symptoms at work, yet many hesitated to ask for necessary adjustments for fear of negative reactions.

The EHRC also warns that disciplinary action taken against women for menopause-related absences could be deemed discriminatory, and making derogatory comments about someone’s symptoms could amount to harassment.

Employers are now urged to review the EHRC’s guidance and take proactive steps to support their employees through menopause, ensuring a discrimination-free workplace and mitigating the risk of costly legal challenges.