Sex and Disability Discrimination – Menstruation and Related Conditions

Constitutional rights lawyers of Helmer Friedman LLP.

In recent years, a concerning rise in sex and disability discrimination lawsuits has highlighted the ongoing challenges women face in the workplace. Two particularly notable cases involving Equinox Holdings, Inc. and the Bobby Dodd Institute underscore the serious nature of these issues and the need for change.

Equinox Holdings, Inc., a well-respected fitness company, faced legal action for allegedly discriminating against an applicant based on her disability and sex. The woman, who struggled with endometriosis—a condition causing severe menstrual pain—was denied a front desk associate position despite having extensive relevant experience. Instead of being celebrated for her qualifications, she was turned away due to the misconception that accommodating her would be too inconvenient. Disturbingly, her rejection was communicated via text, explicitly referencing her “monthly cycle” as a concern. This case (EEOC v. Equinox Holdings, Inc., Civil Action No. 1:24-cv-03597) highlights a blatant violation of the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964. The lawsuit seeks justice through back pay, compensatory and punitive damages, and injunctive relief to prevent such discrimination in the future.

Similarly, the case of Alisha Coleman, who was let go from the Bobby Dodd Institute after nearly a decade of service as a 911 call taker, reveals troubling practices regarding sex discrimination. Coleman faced dismissal due to sudden, heavy menstrual flow during her perimenopause phase. Despite the protections outlined in Title VII, which explicitly prohibits workplace discrimination based on sex—including pregnancy, childbirth, and related medical conditions—her case was unfortunately dismissed by the district court, reflecting significant oversight. The ACLU has since championed Coleman’s cause, emphatically arguing that perimenopause and its symptoms are included under the protections of Title VII.

As we reflect on these unfortunate examples, it is clear that Title VII of the Civil Rights Act of 1964 mandates equitable treatment for all employees, regardless of sex—including with respect to pregnancy, childbirth, and related medical matters. The increasing visibility of such cases serves as a powerful reminder of the urgent need for robust enforcement of these legal protections across all workplace environments.

For anyone impacted by discriminatory practices, seeking guidance from a knowledgeable employment law attorney is essential. These professionals are equipped with the expertise to navigate the complexities of discrimination cases, helping victims pursue the justice they rightly deserve in the face of unfair treatment. Together, by raising awareness and taking action, we can foster a workplace landscape that truly values inclusion and equity for all.

Pregnant Workers Fairness Act Final Rule

Pregnancy discrimination accommodations.

The U.S. Equal Employment Opportunity Commission (EEOC) has released a final rule to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations” for pregnant workers’ known limitations related to pregnancy, childbirth, or related medical conditions. An exception is if the accommodation causes undue hardship to the employer. The final rule will be published in the Federal Register on Apr. 19 and will take effect 60 days after publication.

This rule builds upon existing protections against pregnancy discrimination and access to reasonable accommodations. The EEOC started accepting discrimination charges on June 27, 2023, when the PWFA became effective.

The final rule provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations and numerous concrete examples. It reflects the EEOC’s response to approximately 100,000 public comments received on the Notice of Proposed Rulemaking.

The PWFA empowers pregnant workers by providing them with clear access to reasonable accommodations, ensuring they can continue their jobs safely and effectively, free from discrimination and retaliation. This final rule, a testament to their rights, offers crucial information and guidance to help employers fulfill their responsibilities and to help job seekers and employees understand their rights. It fosters a culture of open communication, encouraging employers and employees to engage early and often, enabling them to identify and resolve issues in a timely manner.

The final regulation provides numerous examples of reasonable accommodations, such as

  • additional breaks to drink water, eat, or use the restroom;
  • a stool to sit on while working;
  • time off for health care appointments;
  • temporary reassignment;
  • temporary suspension of certain job duties;
  • telework;
  • time off to recover from childbirth or a miscarriage, among others.

It also provides guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation. This includes miscarriage or stillbirth, migraines, lactation, and pregnancy-related conditions that are episodic, such as morning sickness.

The final regulation underscores the importance of early and frequent communication between employers and workers. It emphasizes the shared responsibility in raising and resolving requests for reasonable accommodation in a timely manner. It also clarifies that an employer is not required to seek supporting documentation when an employee asks for reasonable accommodation and should only do so when it is reasonable under the circumstances, fostering a sense of mutual trust and respect.

The final regulation explains when an accommodation would impose an undue hardship on an employer and its business. It also provides information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.