Are you mother or caregiver who has been passed over for promotions at your place of work because of your responsibilities at home?

It is considered discrimination when an employer denies employment or promotions, harasses, pays less, or otherwise takes negative employment action against an employee because of an employee’s family or caregiver responsibilities outside of the workplace.

Family Responsibilities Discrimination

Employment discrimination that is based on workers’ responsibilities to care for their family members may affect pregnant employees, employees caring for aging parents, parents with young children or workers who have a family member with a disability. If these employees face unfair discrimination in the workplace based on responsibilities such as this, they may be experiencing family-related employment discrimination.

Caregiving responsibilities disproportionately affect working women, but protections apply to all employees, including men. Relevant terms including “family,” “caregiver” and “caregiving responsibilities” extend beyond children and spouses and covers any individual that an employee has primary caretaking responsibilities over.

Know Your Rights

While there is no federal law expressly prohibiting discrimination based on familial responsibilities, employees may be protected by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, Family and Medical Leave Act, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, and ERISA. Additionally, some states and cities have adopted laws, and some categories of employees, like federal employees, may have protection.

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. The document outlines changing workplace demographics, including women’s increased participation in the labor force, which has created the potential for greater discrimination against working parents and others with caregiving responsibilities. The guidance is intended to assist employers and employees in determining whether discrimination against people with caregiving responsibilities constitutes unlawful disparate treatment under federal EEO law.

Jury Awards $1.06 Million to DOL Employee, Mother

A jury in New York state recently awarded $1.06 million to a longtime Department of Labor (DOL) employee after concluding that she was passed over for three promotions due to her status as a mother with young children, according to a recent news report.

A jury found that the 45-year-old woman had been discriminated against by the DOL and two supervisors, who had chosen a less experienced male employee for two promotions and a female employee who did not have children for a third promotion. That third promotion was awarded to a woman with less experience who had no children, over two female employees, including another woman, who had more experience, but also were caring for young children.

The jury determined that the discrimination was based both on her gender and familial responsibility status, the report states. If you have faced discrimination at work due to an outside familial or caregiving situation, it is important to consult with a knowledgeable employment law attorney.

Tully Rinckey attorneys have the experience to assist both employees and employers in achieving their objectives, regardless of the matter, which may include discrimination, employment misclassification, sex harassment, or any other claim involving worker rights or employer responsibilities. Call 8885294543 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

Amanda Smith, Esq. is a Partner in Tully Rinckey PLLC’s Buffalo office, where she focuses her practice on Federal and State Employment and Labor Law.