In today’s workplace, more and more employees are struggling to balance work with family caregiver responsibilities. Modern employees face a host of family responsibilities, including caring for young children, aging parents, and disabled family members—sometimes all at the same time.
While California and federal law do not expressly prohibit employment discrimination based on parental status or family caregiver responsibilities, such discrimination is illegal in many circumstances. For example, you may be entitled under family leave laws to take time-off from work for your own serious health condition or that of your child, spouse, or parent, to deliver and care for your baby, or to care for an adopted or foster child. Moreover, by law, employers may not retaliate against you for taking such leave.
Family and caregiver discrimination may also take the form of gender discrimination. For example, most employers are prohibited from promoting a man with small children in favor of a woman with small children based on an assumption that women want to or should spend more time with their children. Employers may not make employment decisions based on gender stereotypes, including stereotypes about mothers’ and fathers’ parental roles.
Determining whether an employer has engaged in unlawful discrimination based on family caregiving responsibilities requires an in-depth understanding of complex, intersecting, and ever-changing employment laws. If you believe you may have been discriminated against, harassed, retaliated against, or terminated because of family caregiver responsibilities, you need an attorney with employment law expertise on your side. Sarnoff +Sarnoff is committed to advancing employee rights and bringing to justice any employer that engages in, encourages, or fails to prevent discrimination, harassment, or retaliation in the workplace. Give us a call at (213) 536-4236, email us at firstname.lastname@example.org, or fill out our case evaluation form to find out whether your rights have been violated and if we can help.