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Frequently Asked Questions
A: The menopause itself is not a protected characteristic. However, if a person is suffering from menopause symptoms and is discriminated against or treated less favourably, any claim could in easily linked to a protected characteristic. Namely: sex, age, disability or gender reassignment.
A: Caselaw (the outcomes of former legal cases) tells us that there is no reason in principle why ‘typical’ symptoms of the menopause cannot be classed as a disability. Though an employer cannot be expected to know symptoms of the menopause can be classed as a disability if they did not have reasonable or constructive knowledge of the substantial difficulties the symptoms impose on work.
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