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

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
 1   Providing for accommodation of pregnancy-related and menopause-
 2      related conditions by employers.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Menopause and
 7   Perimenopause Workplace Protections and Accommodations Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Menopause."   Natural menopause, premature ovarian
13   insufficiency, surgical menopause and treatment-induced
14   hypoestrogenic states.
15      "Reasonably accommodate."   Providing reasonable
16   accommodations, including more frequent or longer breaks, time
17   off to recover from childbirth, acquisition or modification of
 1   equipment, seating, temporary transfer to a less strenuous or
 2   hazardous position, job restructuring, light duty, break time
 3   and private non-bathroom space for expressing breast milk,
 4   assistance with manual labor or modified work schedules.
 5      "Related medical condition."        The following:
 6            (1)   Lactation or the need to express breast milk for a
 7      nursing child.
 8            (2)   The need to manage the effects of vasomotor
 9      symptoms.
10      "Undue hardship."       An action requiring significant difficulty
11   or expense to an employer as determined under section 4.
12   Section 3.     Accommodations.
13      (a)   Prohibitions.--
14            (1)   An employer may not:
15                  (i)    Refuse to reasonably accommodate an employee's
16            or prospective employee's condition related to pregnancy,
17            childbirth, menopause or a related medical condition if
18            the employee requests the accommodation, unless the
19            employer can demonstrate that the accommodation would
20            pose an undue hardship on the employer.
21                  (ii)    Require an employee to take leave if another
22            reasonable accommodation can be provided to an employee's
23            condition related to the pregnancy, childbirth, menopause
24            or a related medical condition.
25                  (iii)    Deny employment opportunities to an employee
26            or prospective employee if the denial is based on the
27            refusal of the employer to reasonably accommodate an
28            employee's or prospective employee's condition related to
29            pregnancy, childbirth, menopause or a related medical
30            condition.

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 1                (iv)    Fail to provide written notice, including
 2          notice conspicuously posted at an employer's place of
 3          business in an area accessible to employees, of the right
 4          to be free from discrimination in relation to pregnancy,
 5          childbirth, menopause and related medical conditions,
 6          including the right to reasonable accommodations for
 7          conditions related to pregnancy, childbirth, menopause or
 8          related medical conditions under this section to:
 9                       (A)   New employees at the commencement of
10                employment.
11                       (B)   Existing employees within 120 days of the
12                effective date of this section.
13                       (C)   An employee who notifies the employer of the
14                employee's pregnancy or menopause, within 10 days of
15                the notification.
16          (2)   A person may not:
17                (i)    Aid, abet, incite, compel or coerce the
18          commission of an act prohibited under this section.
19                (ii)    Obstruct or prevent a person from complying
20          with this section or any order issued pursuant to this
21          section.
22                (iii)    Attempt directly or indirectly to commit an
23          act prohibited under this section.
24    (b)   Limitations.--An employer shall not be required to:
25          (1)   Create additional employment that the employer would
26    not otherwise have created unless the employer does so or
27    would do so for other classes of employees who need
28    accommodation, including employees who are injured on the job
29    or employees with disabilities.
30          (2)   Discharge an employee, transfer an employee with

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 1      more seniority or promote an employee who is not qualified to
 2      perform the job unless the employer does so or would do so to
 3      accommodate other classes of employees who need
 4      accommodation, including employees who are injured on the job
 5      or employees with disabilities.
 6      (c)   Construction.--Nothing in this section shall be
 7   construed to:
 8            (1)   Affect any other provision of law relating to sex
 9      discrimination, pregnancy or menopause or to preempt, limit,
10      diminish or otherwise affect any other law that provides
11      greater protection or specific benefits with respect to
12      pregnancy, childbirth, menopause or related medical
13      conditions.
14            (2)   Require an individual with a need related to
15      pregnancy, childbirth, menopause or a related medical
16      condition to accept an accommodation which the individual
17      chooses not to accept.
18   Section 4.     Undue hardship.
19      (a)   Determination.--In making a determination of undue
20   hardship, the factors that may be considered include the
21   following:
22            (1)   The nature and cost of the accommodation.
23            (2)   The overall financial resources of the employer.
24            (3)   The overall size of the business of the employer
25      with respect to the number of employees and the number, type
26      and location of the business's facilities.
27            (4)   The effect on expenses and resources or the impact
28      otherwise of the accommodation upon the operation of the
29      employer.
30      (b)   Burden of proof.--The employer shall have the burden of

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 1   proving undue hardship.
 2      (c)   Rebuttable presumption.--The fact that the employer
 3   provides or would be required to provide a similar accommodation
 4   to other classes of employees who need accommodation, including
 5   employees who are injured on the job or employees with
 6   disabilities, shall create a rebuttable presumption that the
 7   accommodation does not impose an undue hardship on the employer.
 8   Section 5.   Retaliation prohibited.
 9      An employer may not take retaliatory action or otherwise
10   discriminate against an employee because the employee requests
11   or receives an accommodation under this act.
12   Section 6.   Effective date.
13      This act shall take effect in 60 days.




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