Menopause Discrimination

Age discrimination

If you are an employee or a worker, you are protected from being treated less favourably because of your age or age band. This could potentially include less favourable treatment because you are going through menopause, as menopause is usually related people of a certain age (usually in their 40’s or 50’s).

Follow this link to read more about age discrimination.

Disability discrimination

In some instances, menopause could be considered a disability under discrimination law. This is if the symptoms are such that they have a substantial adverse effect on your normal day to day activities (assuming you take no medication like HRT) and have or will do so for at least 12 months.

If you are disabled, your employer should consider making reasonable adjustments to reduce or remove any disadvantages you might experience because of it. This might include agreeing to record absence because of the menopause separately from other sickness absences.

Employers should generally focus on supporting you, rather than trying to work out if your condition is a disability.

So, if you are affected by menopause and your employer treats you unfavourably because of something arising from your disability, this could be ‘discrimination arising from disability’.

Follow this link to learn more about disability discrimination. 

Sex

Unfair treatment because of your sex could lead to a direct discrimination claim. Of course, men don’t generally suffer from the menopause.

Your employer should be aware that unwanted behaviour about your menopause symptoms could count as harassment or sexual harassment depending on the nature of behaviour.

Follow this link to learn more about sex or sexual orientation discrimination.

Other

You may be able to pursue another type of claim. This, however, will depend on your personal circumstances.