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.
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.
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,...
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