Is menopause a disability for working women?

Menopause refers to  to that time of a woman’s life when her ovaries stop producing hormones and her menstrual periods stop. If you’re going through the menopause, you might have heard discussions about whether it should be treated as a disability.

The UK’s Equality and Human Rights Commission (EHRC) stated in early 2024 that if your menopausal symptoms significantly impact your daily life, then your employer should make ‘reasonable adjustments’ to support you.

But what does this mean, and why is there a debate about whether the menopause should be classified as a disability?

 

Arguments for treating menopause as a disability

Impact on daily life

Menopausal symptoms such as hot flushes, fatigue, and mood swings can severely affect your ability to work and carry out daily tasks. If these symptoms substantially impair your ability to function, then treating menopause as a disability could ensure you receive the support you need.

Equality and rights

The EHRC’s guidance aligns with the principles of equality and human rights. By recognising menopause as a potential disability, it promotes fairness and inclusivity in the workplace, ensuring that you’re not unfairly disadvantaged and discriminated against if/when you experience severe menopausal symptoms at work.

Legal Protection

If menopause were to be classified as a disability, it would give you legal protection if/when you experienced severe symptoms. Employers would be required to make reasonable adjustments to accommodate your needs, and failure to do so could result in claims for disability discrimination. 

For example, employers might need to provide flexible working hours, adjustments to temperature control in the workplace, or additional breaks to manage symptoms effectively.

 

Arguments against treating menopause as a disability

Medical perspective

From a medical standpoint, menopause is a natural phase in a woman’s life and not a medical condition or impairment. Classifying it as a disability may medicalise a natural process, potentially leading to unnecessary medical interventions or stigma.

Stigma and perception

Labelling menopause as a disability could perpetuate stigma and negative perceptions surrounding women’s health. It may reinforce stereotypes about women being less capable or reliable in the workplace during this stage of their lives.

Scope of disability law

Some argue that the current definition of disability under the Equality Act 2010 may not fully take account of the complexities of menopausal symptoms.

The Act defines a disability as a ‘physical or mental impairment with a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities’. Menopausal symptoms may fluctuate and vary in severity, making it challenging to fit them within this legal framework.

 

Conclusion

The debate about whether to classify menopause as a disability is complex. While recognising the significant impact that menopausal symptoms can have on women’s lives, it’s important to consider the broader implications of adopting such a classification, including potential stigma and medicalisation.

For further information about employment rights and discrimination from an employee’s point of view, have a look at Monaco Solicitors’ website.  It’s packed full of information, advice and legal resources that you can use on a DIY basis if you want to. 

Or get in touch with Monaco Solicitors if you think you’re being unfairly treated at work and want to discuss your case with a specialist employment lawyer.