Jack Tuckner Featured in Forbes Magazine: Championing Menopause Awareness in the Workplace

New York, NY – May 23, 2024 – Jack Tuckner, a distinguished attorney known for his advocacy in gender discrimination, has been prominently featured in Forbes Magazine. The article, titled "What Employers Should Know About Menopause Discrimination," highlights Jack’s relentless efforts to support women experiencing menopause in professional environments.

Jack Tuckner’s expertise in gender discrimination and his dedication to women's rights have brought much-needed attention to the challenges faced by women undergoing menopause at work. His insights into the legal hurdles and the necessity for better protections and policies are essential in fostering a fair and supportive workplace for all women.

The Forbes feature illuminates real-life instances of women facing discrimination due to menopause symptoms, emphasizing the critical need for comprehensive legal protections. Jack Tuckner's role in these cases exemplifies his commitment to advocating for women's rights and ensuring that their contributions in the workplace are valued and protected.

“We are immensely proud to see Jack’s hard work and dedication recognized in Forbes,” said Deborah O’Rell, Chief Operating Officer at Tuckner Sipser Weinstock & Sipser LLP. “His advocacy not only aligns with our firm’s mission to champion women’s rights but also highlights the urgent need for legislative changes to support women experiencing menopause.”

We encourage everyone to read the full article to gain a deeper understanding of the issues surrounding menopause discrimination and the vital work being done to address it.

Below are excerpts of the article where Jack Tuckner has been quoted -

Employers may be complacent because U.S. discrimination laws do not explicitly mention menopause. So courts historically allowed menopause claims to fall through the legal cracks. That is no longer the case, according to Jack Tuckner, a women’s rights attorney and founding partner of the Tuckner, Sipser law firm in New York.

“While perimenopause and menopause are not themselves protected statuses under U.S. law, the symptoms of these life changes often fall under the protections of employment law, as such conditions meet at the intersection of sex, age, and disability,” said Tuckner in a phone conversation. “The onset of such symptoms are conditions unique to women, occur almost always after 40, and often rise to the level of covered disabilities,” Tuckner explained, “so how can menopause not be protected as an obvious sex and age-based temporary disability?”

According to Tuckner, “menopause is a condition inherently linked to the reproductive system, so of course it falls under the umbrella of ‘related medical condition.’”

The Americans with Disabilities Act of 1990, which Congress expanded in 2008, requires certain employers to accommodate temporary impairments that substantially limit “major life activities” or “major bodily functions.” Although courts have not typically viewed regular-onset menopause as a disability, Tuckner believes that the law’s expanded coverage encompasses many menopause-related symptoms. “Perimenopause symptoms often impact the major life activities of sleeping, thinking, and concentrating, among others,” said Tuckner, “as well as bodily functions involving the endocrine and neurological systems.”

Some employers may also be required to accommodate menopause symptoms under the Pregnancy Discrimination Act, to the same extent that they accommodate other temporary health conditions. “Under the PDA, employers must treat women with menopause symptoms that are linked to reproductive health issues as they would treat any other employee with a similar ability or inability to work due to medical conditions,” said Tuckner. Certain employees may also be eligible for temporary or intermittent leave for severe menopause symptoms under the Family and Medical Leave Act of 1993, just like other serious health conditions.

Some employees may also have rights under the Pregnant Workers Fairness Act of 2023, which requires workplace accommodations for pregnancy and “related medical conditions,” regardless of how an employer treats other temporary conditions. “The PWFA should include the end of fertility, requiring accommodation of perimenopause and menopause symptoms that are medically linked to the reproductive system changes,” explained Tuckner. Other legal experts agree.

Employers should also ensure that managers and human resources professionals are trained to engage in an “interactive process” with employees, as required by disability law, to identify reasonable accommodations for menopause-related symptoms. Managers should also be made aware that “it is illegal for an employer to retaliate against a woman for making a menopause-related accommodation request, whether or not the accommodation is approved,” said Tuckner.