Though a natural phase of life that impacts a large portion of the population, menopause is rarely mentioned in most workplaces. As society in general more openly addresses the impacts of menopause, employers may want to do the same. Rather than wait until it’s a legal obligation, organizations that proactively consider the challenges raised by menopause, and how to support employees during this period of their lives, are more likely to attract and retain the talent that helps keep them successful.
Understanding the impacts of menopause
Perimenopause and menopause typically occur between the ages of 45 and 55 and can last for several years; often when those experiencing menopause are in the prime of their careers and making the most valuable contributions to their organizations. Some women continue to experience menopause symptoms for the remainder of their lives. Hot flashes, fatigue, mood swings, disrupted sleep, and difficulty concentrating can temporarily impact an employee’s ability to perform their job effectively. While not all those in menopause experience severe symptoms, those who do may require workplace accommodation.
According to a study cited by the Harvard Business Review:
[n]early two out of every five women reported experiencing menopause symptoms that interfered with their work performance or productivity each week and contributed to burnout. Almost one in five had quit a job or considered quitting because of their symptoms, underscoring the reality that menopause is not an emotional issue that employers can simply wave off, but a serious medical condition that threatens workplace operations.
Legal obligations for employers
Although menopause is not listed as a protected ground under human rights legislation, Canadian human rights tribunals have indicated severe menopause symptoms could be considered a disability and have not ruled out menopause being considered a protected ground given its relationship to sex, age, and disability (all of which are protected grounds under provincial and federal human rights legislation).[1] For instance, failure to address menopause-related needs could be considered discriminatory on the basis of sex, and severe symptoms that significantly impair an employee’s ability to work may qualify as a protected disability.[2]
As with any protected ground, employers must also be vigilant about preventing discriminatory or harassing behavior related to menopause. Comments, jokes, or dismissive attitudes can create a hostile work environment, leading to potential liability, including civil wrongful dismissal claims.
The business case for supportive practices
Beyond legal compliance, in an era where attracting and retaining talent can be critical to a company’s success, it’s simply good business to proactively address an issue that directly impacts half the population. Supporting employees through menopause can enhance workplace morale, productivity, and retention. Employees who feel valued and supported are more likely to remain loyal and engaged, reducing turnover costs and enhancing overall organizational performance.
In short, menopause is a workplace issue that demands thoughtful attention. By understanding its impact, complying with the prevailing legal framework, and implementing supportive practices, employers can create an inclusive environment where all employees can thrive and contribute.
Best practices to support employees
To address menopause in a supportive and legally compliant manner, consider the following steps:
- Raise Awareness: Encourage open dialogue about menopause to reduce stigma. Provide training for managers and human resources staff so they are able to address menopause-related issues sensitively.
- Review Policies: Review and update workplace policies to ensure they are flexible enough to apply to menopause-related accommodation.
- Consider Flexible Work Arrangements: The symptoms of menopause may manifest themselves differently in different people. A flexible schedule, remote work, or additional breaks are options to consider in assessing how to support employees experiencing symptoms that affect their productivity or comfort.
- Adjust the Workplace: Simple measures like adjusting the temperature, providing a fan, or creating a quiet space can make a significant difference for an employee dealing with hot flashes or fatigue.
- Maintain Confidentiality: Ensure that any discussion about menopause-related accommodation is handled with the utmost confidentiality and professionalism, consistent with other health-related accommodation.
- Offer Mental and Physical Health Support: Menopause can sometimes contribute to anxiety or depression. Providing access to an employee assistance program or mental health resource can be invaluable. An employer may also wish to engage resources to help educate employees about the various options available to address and reduce menopause symptoms.
To learn more and for assistance, contact your Sherrard Kuzz LLP lawyer or info@sherrardkuzz.com.
The information contained in this presentation/article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This presentation/article is current as of April 2025 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.
[1] With thoughtful assistance from Anne Price.
[2] Cloakey v Rio Tinto Alcan and Others, 2016 BCHRT 111 (Tyshynski) (age, sex, and disability).
[3] Munro v Labour Unlimited, 2023 BCHRT 39 (Buday) (sex); Grienke v Bethany Care Society, 2021 AHRC 22 (Munn) (disability); Lewis v Hour of Power Canada and Another, 2018 BCHRT 251 (Ohler) (disability).
