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99 Wash. U. L. Rev. 1531 (2021-2022)
Working through Menopause

handle is hein.journals/walq99 and id is 1561 raw text is: WORKING THROUGH MENOPAUSE BRIDGET J. CRAWFORD,t EMILY GOLD WALDMAN** & NAOMI R. CAHIN* ABSTRACT There are over thirty million people ages forty-four to fifty-five 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 will inevitably 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. antidiscrimination 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 t Bridget J. Crawford is a Professor of Law at the Elisabeth Haub School of Law at Pace University. ** Emily Gold Waldman is a Professor of Law and the Associate Dean for Faculty Development at the Elisabeth Haub School of Law at Pace University. * Naomi R. Cahn is the Justice Anthony M. Kennedy Distinguished Professor of Law, the Nancy L. Buc '69 Research Professor in Democracy and Equity, and Co-Director of the Family Law Center at the University of Virginia School of Law. The co-authors have written three articles exploring different aspects of menopause and the law. To reflect the collaborative effort, each article adopts a different position for the three coauthors' names. The other articles in the trio appear in the Harvard Journal of Law & Gender and The University of Chicago Legal Forum. See Emily Gold Waldman, Naomi Cahn & Bridget J. Crawford, Contextualizing Menopause in the Law, 45 HARV. J.L. & GENDER (forthcoming 2022), https://ssm.com/abstract=3986267, and Naomi R. Cahn, Bridget J. Crawford & Emily Gold Waldman, Managing and Monitoring the Menopausal Body, 2021 CHI. LEGAL F. (forthcoming 2022), https://ssm.com/abstract=3988196. For helpful comments and conversations, the authors thank Kerry Abrams, Noa Ben-Asher, Mary Anne Case, Jessica Clarke, Josephine Ross, Tracy Thomas, and Jennifer Weiss-Wolf, as well as participants in symposia, conferences, and workshops at Columbia Law School, The University of Chicago Law School, the Law and Society Association, and the Colloquium on Scholarship in Employment and Labor Law. We thank Leslie Ashbrook, Olivia Brenner, Kristin Glover, and Jolena Zabel for research assistance. 1531

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