Also known as Family Responsibilities Discrimination (FRD), “Family Caregiver Discrimination” refers to a type of workplace discrimination that occurs when an employer or supervisor treats an employee differently or unfairly because of their caregiving responsibilities. Whether caring for a new baby or an elderly parent, or supporting a family member who has a serious illness or disability, it can be mentally, emotionally, and financially challenging to balance a career while also caring for a loved one. The situation becomes even more difficult if you feel that you are being discriminated against by an employer based on their assumptions about your role as a caretaker and how committed you are to your job. Like any other form of workplace discrimination, this can lead to denied promotions, unfair disciplinary action, and other forms of discrimination. If you have experienced family caregiver discrimination in the workplace, it is highly recommended that you contact an experienced employment lawyer at your earliest convenience.
What Is Family Caregiver Discrimination?
A “caregiver” is anyone who takes on the responsibility of caring for the physical, mental, or emotional health needs of a child, spouse, parent, or other relative who has suffered a serious injury or requires care for a disability. Depending on the nature of the injury, disability, or other health issue, the caregiver may be responsible for getting their loved one to and from doctor’s appointments, ensuring that they are fed and bathed, administering medications as needed, and making sure that their basic needs are met. Family caregiver discrimination occurs when an employer, supervisor, co-worker, or client treats you unfairly or engages in harassing or discriminatory behavior because of the responsibilities you have at home. While this type of discrimination can affect all genders, women are more likely to experience family caregiver discrimination since, historically, women are more likely to take on the role of caretaker than men.
What Are the Examples of Family Caregiver Discrimination in the Workplace?
Family caregiver discrimination can take many forms, some of which are obvious while others are more subtle. The following are examples of family caregiver discrimination:
- A pregnant employee is fired because of her plans to take maternity leave, and her employer’s biased assumption that she will be less productive at work after having her baby.
- An employee’s wages were reduced after using the Family and Medical Leave Act (FMLA) to take time off from work to care for a parent who is undergoing cancer treatments.
- A co-worker makes insensitive and offensive comments about a male employee who is the caregiver to his terminally ill wife.
- An employer asks a candidate inappropriate questions about pregnancy plans, children, or whether they have any other caregiving responsibilities, and refuses to hire them based on their answers, and the employer’s unfair bias.
- An employer regularly makes hostile or harassing comments towards a female employee, accusing her of constantly leaving early to pick up her kids, or that she should consider focusing on her family instead of her career.
- An employee is passed over for a promotion or high-profile assignments because their employer believes that they will be unable to balance their additional work responsibilities with their commitments at home.
- An employee is disciplined harshly for minor attendance issues or requesting time off to care for a family member, while similar conduct from employees who are not caregivers goes unpunished.
- Employees with children are given unrealistic work schedules that they cannot meet, while non-parents are given more flexible work schedules.
- Unmarried male employees are regularly promoted over married female employees based on the mere possibility that they will become pregnant.
What Laws Protect Against Family Caregiver Discrimination?
Employers are prohibited from engaging in any discriminatory behavior towards you because of your responsibilities as a caregiver. There are a number of federal and state laws that protect you if your legal rights have been violated, including the following:
- Title VII of the Civil Rights Act. While this does not explicitly mention family status or caregiver responsibilities, federal courts recognize the discrimination caregivers face based on gender-based assumptions. For example, when employers make gender-based assumptions that women are less committed to their careers after having children, or that men should not require significant family leave, this is based on traditional gender-based stereotypes that violate Title VII, even if the employer is not intentionally discriminating.
- Pregnancy Discrimination Act (PDA). This states that pregnancy, childbirth, and other related conditions must be treated the same as other temporary medical conditions. All benefits and leave policies must apply to all employees, regardless of pregnancy status.
- Family and Medical Leave Act (FMLA). This provides unpaid, job-protected leave for workers who care for a family member. This may include the birth or adoption of a child, or caring for a spouse, child, or parent with a serious health condition. Covered employers may not deny an employee’s request for leave or retaliate against an employee for exercising their FMLA rights. Retaliation can range from subtle behavior like exclusion from meetings or employment opportunities to more extreme actions like refusing to hire or terminating an employee based on their caregiver responsibilities.
- Americans With Disabilities Act Amendments Act (ADAAA). This prohibits employers from discriminating against employees who care for a family member who has a disability. If an employer claims that the employee is not fully committed to their job due to their role as a caregiver to their disabled family member, the ADAAA prohibits the employer from making employment decisions that are biased and discriminatory.
- Pennsylvania Human Relations Act (PHRA). This law does not specifically list caregivers as a protected class, but it does provide protection against caregiver discrimination based on employers’ biases against employees who have caregiving responsibilities.
How Do I File a Family Caregiver Discrimination Claim?
If you have experienced family caregiver discrimination in the workplace and you believe that your rights have been violated by your employer, you may file an official complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will thoroughly investigate the claim to determine whether your Title VII or ADAAA rights have been violated. If there is evidence of discrimination, the EEOC will issue a “Right to Sue” letter, where you will have 90 days to file your complaint in federal court. If the claim is in response to an FMLA violation, you will need to file a complaint with the Department of Labor or with the federal court. The deadlines for filing a complaint range from 180 days to several years, depending on the nature of the complaint.
How Do I Prove a Family Caregiver Discrimination Claim?
If you intend to pursue a family caregiver discrimination claim, it is important to understand that this will require careful and thorough documentation in order to prove your claim, particularly when the behavior is more subtle. The following are examples of evidence that will help strengthen your claim:
- Timing and pattern evidence. Keep a detailed timeline of the discriminatory behavior. For example, if you were treated unfairly by your employer after becoming pregnant, make sure that you maintain a detailed log about when you disclosed your pregnancy, the amount of family leave you took after giving birth, and the negative employment actions that you experienced. The courts will consider the proximity between protected activities and adverse employment decisions.
- Comparative evidence. If your employer treated you differently from other employees who do not have the responsibility of caring for a loved one, keep a detailed record of this unfair treatment. For example, if you were passed over for a promotion that was given to a less qualified male employee who does not have children, this comparative evidence can help prove your family caregiver discrimination claim.
- Written communications. Keep copies of emails, text messages, performance reviews, and any other written communication between you and your employer that mentions your caregiving responsibilities.
- Witness accounts. If co-workers or other colleagues witnessed the unfair treatment or discriminatory comments your employer made about your caregiving responsibilities, document those conversations and ask if the employee would be willing to provide an official statement.
What Damages Am I Entitled to in a Family Caregiver Discrimination Case?
If you are able to successfully prove your family caregiver discrimination claim, you may be entitled to the following damages:
- Lost wages from missed promotions, wrongful termination, or being forced to accept a lower-paying position due to discriminatory behavior.
- Emotional distress caused by the discrimination.
- Reinstatement of employment, salary, and benefits.
- Pain and suffering.
- Lawyer’s fees.
- Court costs.
- “Punitive” damages.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of Family Caregiver Discrimination
If you or a loved one has been discriminated against in the workplace due to your family caregiver responsibilities, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. at your earliest convenience. We will protect your legal rights and ensure that you have the evidence necessary to prove your claim. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in the surrounding areas.
