Illinois and Philadelphia Grant Menopause-Related Protections

Quick Hits

• In Illinois, a new law requires individual and group health plans to cover treatments for menopause symptoms.
• In Philadelphia, a new law bars employers from discriminating against employees based on menopause, perimenopause, or menstruation, and requires accommodations for employees based on menopause, perimenopause, or menstruation symptoms.
• The Illinois law took effect on January 1, 2026, and the Philadelphia law will take effect on January 1, 2027.

The Illinois law requires that health plans cover menopause therapies that are medically necessary and recommended by a qualified physician. It includes hormonal and non-hormonal treatments that are proven safe and effective in peer-reviewed studies.

The Philadelphia law adds “menstruation, perimenopause, menopause” to the list of protected traits or conditions in the city’s antidiscrimination statute, the Philadelphia Fair Practices Ordinance (PFPO). It requires employers to provide reasonable accommodations to employees for needs related to menstruation, perimenopause, and menopause, if the symptoms substantially interfere with an employee’s ability to perform one or more job functions, as long as the accommodation does not impose an undue hardship on the employer. Philadelphia is the first major American city to include menstruation, perimenopause, and menopause among its list of protected classes.

Likewise, on June 24, 2025, Rhode Island enacted a law barring employers from discriminating against workers because of menopause symptoms. It requires employers to provide reasonable accommodations for workers experiencing menopause symptoms. In August 2024, another law took effect in Louisiana, requiring private insurers to cover treatments for menopause.

Common symptoms of perimenopause and menopause include hot flashes, night sweats, sleep disturbances, mood changes, brain fog, weight gain, bone loss, and fatigue.

In general, the state and local laws regarding menopause aim to prevent sex discrimination and gender disparities in medical coverage. The laws related to menopause are not tied to age because, for various reasons, some women may enter early menopause at a relatively young age.

Next Steps

Employers in Philadelphia may wish to update their written policies and practices to indicate that discrimination based on menstruation, perimenopause, or menopause—or retaliation for requesting accommodations related to menstruation, perimenopause, or menopause—will not be tolerated. They may wish to train managers to understand the new law and how to partake in an interactive process to accommodate employees as needed.

Employers in Illinois may wish to review their health plans to ensure that menopause treatments are covered. They may wish to collaborate with their pharmacy benefit manager to determine whether changes need to be made to the formulary to reflect coverage for pharmaceuticals for menopause.

Ogletree Deakins will continue to monitor developments and will provide updates on the Employment Law, Healthcare, Illinois, Leaves of Absence, and Pennsylvania blogs as new information becomes available.

In addition, the Ogletree Deakins Client Portal covers developments in Protected Characteristics under federal, state, and major locality law, including the recent menopause protections in Rhode Island and the upcoming menstruation, perimenopause, and menopause provisions in Philadelphia, Pennsylvania. All client-users have access to Snapshots and Updates. Premium and Advanced subscribers have access to updated policy templates, including the Rhode Island Accommodations Due to Pregnancy, Childbirth, Menopause, and Related Conditions Handbook Policy template. For more information on the Client Portal or a Client Portal subscription, please reach out to clientportal@ogletree.com.

Jennifer L. Colvin is a shareholder in Ogletree Deakins’ Chicago office.

Rachel I. Feinberg is an associate in Ogletree Deakins’ Philadelphia office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

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