Relates to preventing discrimination and increasing awareness of rights for employees with menstrual-related conditions, perimenopausal-related conditions and menopausal-related conditions; requires employers to provide employees with an informational pamphlet on any regulations relating to the rights of employees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5436B
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the executive law and the labor law, in relation to
preventing discrimination and increasing awareness of rights for employ-
ees with menstrual-related conditions, perimenopausal-related conditions
and menopausal-related conditions
PURPOSE:
This bill requires that employers provide reasonable accommodations for
people with menstrual or menopausal-related conditions in the workplace
and ensures that employees are aware of their rights for reasonable
accommodations.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph a of subdivision 3 of section 296 of the
executive law.
Section two adds a new section 201-j to the labor law.
Section three establishes the effective date.
JUSTIFICATION:
Approximately two million women living in the United States experience
menopause each year, with 17% of women in the workforce transitioning
from perimenopause to menopause. However, despite these numbers, employ-
ers are often unaware and uneducated on how this biological function
impacts their employees. Many women experience intense headaches, memory
lapses, severe stiffness, panic attacks, debilitating episodes of anxie-
ty, as well as other mental and physical symptoms, during menopause.
This glaring gap in knowledge and understanding of women's health leads
to discrimination against menopausal employees.
According to a recent study conducted by Biote, 65% of women said their
workplace did not offer reasonable accommodations for those experiencing
menopause. Although federal law prohibits discrimination against people
based on sex, age and disability, the law does not specifically protect
against discrimination based on menstruation and menopause, which has
allowed many menopausal claims to fall through the judicial cracks. In
2024, the Biden-Harris Administration announced a series of recommenda-
tions that employers could implement at work to better support and
retain menopausal employees, such as providing employees with informa-
tion about menopause and their rights under current law, as well and
strengthening existing policies to better support menopausal workers.
With 28% of the workforce either leaving or considering leaving their
jobs because of menopausal symptoms and treatment, New York must do more
to protect women from workplace discrimination.
This legislation would strengthen New York's labor laws to explicitly
bar employers from discriminating against menopausal or menstruating
employees and provide employees with a menopausal and menstrual bill of
rights.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
two of this act shall take effect on the ninetieth day after it shall
have become a law.
STATE OF NEW YORK
________________________________________________________________________
5436--B
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Governmental Operations in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law and the labor law, in relation to
preventing discrimination and increasing awareness of rights for
employees with menstrual-related conditions, perimenopausal-related
conditions and menopausal-related conditions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (d) of subdivision 3 of section 296 of
2 the executive law, as amended by chapter 369 of the laws of 2015 and
3 paragraph (d) as relettered by chapter 748 of the laws of 2022, are
4 amended to read as follows:
5 (a) It shall be an unlawful discriminatory practice for an employer,
6 licensing agency, employment agency or labor organization to refuse to
7 provide reasonable accommodations to the known disabilities, [or] preg-
8 nancy-related conditions, menstrual-related conditions, perimenopau-
9 sal-related conditions, or menopausal-related conditions of an employee,
10 prospective employee or member in connection with a job or occupation
11 sought or held or participation in a training program.
12 (d) The employee must cooperate in providing medical or other informa-
13 tion that is necessary to verify the existence of the disability or
14 pregnancy-related condition, menstrual-related conditions, perimenopau-
15 sal-related conditions, or menopausal-related conditions or that is
16 necessary for consideration of the accommodation. The employee has a
17 right to have such medical information kept confidential.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09231-05-6
A. 5436--B 2
1 § 2. The labor law is amended by adding a new section 201-j to read as
2 follows:
3 § 201-j. Informational materials relating to the rights of employees
4 for menstrual-related conditions, perimenopausal-related conditions, and
5 menopausal-related conditions. 1. Every employer shall provide each
6 employee an informational pamphlet on any regulations promulgated pursu-
7 ant to section two hundred ninety-six of the executive law relating to
8 the rights of employees for menstrual-related conditions, perimenopau-
9 sal-related conditions, and menopausal-related conditions, including the
10 duty of such employer to provide reasonable accommodations. Such
11 pamphlet shall be prepared by the New York state division of human
12 rights and include resources for employees who may have been discrimi-
13 nated against.
14 2. Every employer shall conspicuously post a notice in an area acces-
15 sible to employees, notifying them of their right to reasonable accommo-
16 dations for menstrual-related conditions, perimenopausal-related condi-
17 tions, and menopausal-related conditions and resources for employees who
18 may have been discriminated against.
19 § 3. Section 292 of the executive law is amended by adding a new
20 subdivision 21-g to read as follows:
21 21-g. The term "menstrual-related conditions, perimenopausal-related
22 conditions, and menopausal-related conditions" shall include, but not be
23 limited to, irregular or heavy menstrual periods or vasomotor symptoms,
24 including temporary cognitive changes related to menopause transition,
25 hot flashes, mood changes, weight gain, vaginal or bladder symptoms,
26 decrease in fertility, loss of bone, increase in low-density lipoprotein
27 cholesterol levels, and sleep disruption including night sweats.
28 § 4. This act shall take effect immediately; provided, however, that
29 section two of this act shall take effect on the ninetieth day after it
30 shall have become a law.
