Menopause in the Workplace

by Samara Rotstein

By 2040, there will be an increase of 27% in the growth of the number of women in the workforce. This represents an untapped opportunity for employers to support women in the workplace.[1] 95% of women will experience menopause symptoms at some point during their working life. 32% of women surveyed in Canada said that their menopause symptoms negatively affect their work performance.[2]

The Scope of the Issue:

Economic analysis by Deloitte, reports that menopause costs employers $237 million annually in lost productivity. Menopause costs women $3.3 billion in lost income due to reduction in hours or leaving the workforce due to symptoms. In Canada alone, 540 000 days of work are lost per year due to menopause symptom management. [3]

Common Symptoms of Menopause:

The most common symptoms reported during menopause include: hot flashes (62%), insomnia (57%), mood swings (39%), anxiety (32%), urinary incontinence and frequency (23%) and heart palpitations (19%).[4]

10% of women will leave the workforce due to symptoms of menopause.[5] Women report shame, stigma, and embarrassment in discussing their symptoms with their managers in the workplace.

In a study conducted with the BC Nurses’ Union and the Menopause Foundation, main symptoms reported during menopause included: brain fog, heavy bleeding, exhaustion, headaches and body aches.[6]

Workplace Conditions that Exacerbate Menopause Symptoms

Menopause symptoms can be exacerbated by workplace-related factors such as poor ventilation, uniforms made from synthetic materials, restrictive bathroom or break policies.[7]

Women may also be reluctant to ask for accommodations due to stigma and discrimination fears.[8] Workplaces benefit when they support women as they are able to retain these workers and improve productivity in the workplace.

Legal Repercussions for Employers

In addition to lost productivity and talent, there are also potential legal risks of not addressing menopause in the workplace. Menopause symptoms can rise to the level of a disability and thus would warrant accommodation.

Common Workplace Accommodations for Menopausal Symptoms

Below are a list of suggestions for accommodations for menopausal symptoms:

  1. Conduct sensitivity training for managers on menopausal symptoms in the workplace
  2. Provide flexible working hours for employees experiencing more severe symptoms
  3. Allow for use of a fan or increased ventilation at an employee’s workspace
  4. Extended healthcare coverage that includes coverage for psychotherapists, dietitians, physiotherapists
  5. Allow time off to attend medical appointments
  6. Allow additional breaks in the workplace
  7. Frequent and easy access to toilet facilities or seat a worker closer to the bathroom
  8. Provide access to an Employee Assistance Program
  9. Create a mental health policy in the workplace
  10. Understand the impact of fatigue on shift work [9]

The Duty to Accommodate

Under the Ontario Human Rights Code, employers are not allowed to discriminate on the basis of disability, gender or age. Menopause intersects with disability, gender, and age. Disability includes both visible and invisible disabilities and impairment. Symptoms related to menopause would be classified as a disability or impairment. The employer’s duty to accommodate only ends once it has risen to the point of undue hardship. Undue hardship is determined on a case by case basis.

If you require an accommodation, you should request the accommodation from your employer. Ideally, the accommodation should try to be requested before the impairment causes a performance-based difficulty.

If your request for accommodation has been ignored, or your employer has deemed your accommodation to be “too difficult”, it is worthwhile to consult the lawyers at Marshall Law. It is possible that your accommodation was denied on insufficient grounds.

Discriminatory Treatment

In Mackenzie v. Jace Holdings 2012 BCHRT 376 (CanLII), the judge held that a respondent’s failure to make inquiries regarding the health of an employee, when it was suspected that a medical condition impacted the employee’s ability to work, was found to be discriminatory.[10]

In Gardiner v. British Columbia (Attorney General), 2003 BCHRT 41 (CanLII),  the Tribunal commented on an employer’s duty to inquire where it had reason to believe that a medical condition was affecting an employee’s performance:

“. . .  a respondent has a duty to inquire further where it has reason to believe that there is some question regarding a possible adverse effect of an employee’s medical condition on his ability to do the work prior to taking any action which would adversely impact on the employee.”[11]

From these decisions, we can see that there is a duty on the employer to inquire if they are provided with information that there is a medical issue that could be affecting the employee’s work performance.

If you think that you have been discriminated against for menopausal symptoms, or wrongfully terminated due to your menopausal symptoms you should contact Marshall Law.


[1] “Menopause and Work in Canada.” Menopause Foundation of Canada. https://menopausefoundationcanada.ca/pdf_files/Menopause_Work_Canada_2023EN.pdf

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Consensus Recommendations “Menopause and the workplace: consensus recommendations from The Menopause Society” 2024 by the Menopause Society https://menopause.org/wp-content/uploads/workplace/2024-Menopause-and-the-Workplace-Consensus-Recommendations.pdf

[8] Ibid.

[9] Canadian Centre for Occupational Health and Safety. Government of Canada 2022. https://www.ccohs.ca/oshanswers/psychosocial/menopause.html

[10] At para 31.

[11] At para 165.