Working Through Menopause

73 Pages Posted: 6 Jan 2022 Last revised: 22 Jan 2022

See all articles by Bridget J. Crawford

Bridget J. Crawford

Pace University School of Law

Emily Gold Waldman

Pace University - School of Law

Naomi Cahn

University of Virginia School of Law

Date Written: September 3, 2021

Abstract

There are over thirty million people ages 44 to 55 in the civilian labor force in the United States, but the law and legal scholarship are largely silent about a health condition that approximately half of those workers inevitably will experience. Both in the United States and elsewhere, menopause remains mostly a taboo topic, because of cultural stigmas and attitudes about aging and gender. Yet menopause raises critical issues at the intersections of gender equity, disability, aging, transgender rights, and reproductive justice. This Article imagines how the law would change if it accounted for menopause and the associated unequal burdens imposed.

This Article makes four contributions to legal scholarship. First, it identifies the intersections of menopause and the law in a way that counters the larger culture of silence, stigma, and shame. Second, it analyzes the uneasy fit between menopause and existing U.S. anti-discrimination doctrines. Third, the Article uses a comparative lens to explore how and why menopause is becoming a priority issue for the government, private employers, and workers in the United Kingdom. Finally, the Article situates menopause in U.S. equality jurisprudence broadly and suggests a place for menopause in employment law in particular. It sets out a normative vision for menopause equity in the workplace and suggests possible pathways for achieving it.

Note:
Funding: None.

Declaration of Interests: None.

Keywords: gender; health; employment discrimination

Suggested Citation

Crawford, Bridget J. and Waldman, Emily Gold and Cahn, Naomi R., Working Through Menopause (September 3, 2021). Washington University Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2022-02, Available at SSRN: https://ssrn.com/abstract=3916860

Bridget J. Crawford (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Emily Gold Waldman

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Naomi R. Cahn

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
131
Abstract Views
777
rank
299,895
PlumX Metrics