Pennsylvania HB 2135: An Act providing for accommodation of pregnancy-related and menopause-related conditions by employers.

Bill Text

PRINTER'S NO. 2760
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2135
Session of
2026
INTRODUCED BY CEPHAS, HILL-EVANS, KENYATTA, HANBIDGE, SANCHEZ,
GIRAL, BURGOS, CEPEDA-FREYTIZ, SHUSTERMAN, KINKEAD, MALAGARI,
FRANKEL, FLEMING, O'MARA, DEASY, FIEDLER AND GREEN,
JANUARY 12, 2026
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 12, 2026
AN ACT
Providing for accommodation of pregnancy-related and menopause-
related conditions by employers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Menopause and
Perimenopause Workplace Protections and Accommodations Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Menopause." Natural menopause, premature ovarian
insufficiency, surgical menopause and treatment-induced
hypoestrogenic states.
"Reasonably accommodate." Providing reasonable
accommodations, including more frequent or longer breaks, time
off to recover from childbirth, acquisition or modification of
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equipment, seating, temporary transfer to a less strenuous or
hazardous position, job restructuring, light duty, break time
and private non-bathroom space for expressing breast milk,
assistance with manual labor or modified work schedules.
"Related medical condition." The following:
(1) Lactation or the need to express breast milk for a
nursing child.
(2) The need to manage the effects of vasomotor
symptoms.
"Undue hardship." An action requiring significant difficulty
or expense to an employer as determined under section 4.
Section 3. Accommodations.
(a) Prohibitions.--
(1) An employer may not:
(i) Refuse to reasonably accommodate an employee's
or prospective employee's condition related to pregnancy,
childbirth, menopause or a related medical condition if
the employee requests the accommodation, unless the
employer can demonstrate that the accommodation would
pose an undue hardship on the employer.
(ii) Require an employee to take leave if another
reasonable accommodation can be provided to an employee's
condition related to the pregnancy, childbirth, menopause
or a related medical condition.
(iii) Deny employment opportunities to an employee
or prospective employee if the denial is based on the
refusal of the employer to reasonably accommodate an
employee's or prospective employee's condition related to
pregnancy, childbirth, menopause or a related medical
condition.
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(iv) Fail to provide written notice, including
notice conspicuously posted at an employer's place of
business in an area accessible to employees, of the right
to be free from discrimination in relation to pregnancy,
childbirth, menopause and related medical conditions,
including the right to reasonable accommodations for
conditions related to pregnancy, childbirth, menopause or
related medical conditions under this section to:
(A) New employees at the commencement of
employment.
(B) Existing employees within 120 days of the
effective date of this section.
(C) An employee who notifies the employer of the
employee's pregnancy or menopause, within 10 days of
the notification.
(2) A person may not:
(i) Aid, abet, incite, compel or coerce the
commission of an act prohibited under this section.
(ii) Obstruct or prevent a person from complying
with this section or any order issued pursuant to this
section.
(iii) Attempt directly or indirectly to commit an
act prohibited under this section.
(b) Limitations.--An employer shall not be required to:
(1) Create additional employment that the employer would
not otherwise have created unless the employer does so or
would do so for other classes of employees who need
accommodation, including employees who are injured on the job
or employees with disabilities.
(2) Discharge an employee, transfer an employee with
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more seniority or promote an employee who is not qualified to
perform the job unless the employer does so or would do so to
accommodate other classes of employees who need
accommodation, including employees who are injured on the job
or employees with disabilities.
(c) Construction.--Nothing in this section shall be
construed to:
(1) Affect any other provision of law relating to sex
discrimination, pregnancy or menopause or to preempt, limit,
diminish or otherwise affect any other law that provides
greater protection or specific benefits with respect to
pregnancy, childbirth, menopause or related medical
conditions.
(2) Require an individual with a need related to
pregnancy, childbirth, menopause or a related medical
condition to accept an accommodation which the individual
chooses not to accept.
Section 4. Und