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MANAGEMENT
MOXIE Nimble News
THE NEW CAUSE OF ACTION: CAREGIVER DISCRIMINATION
THE CHALLENGE:
As the number of employees with child and elder care responsibilities grows, more workers are filing lawsuits claiming discrimination on the job as a result of their caregiving duties. Claims of “family responsibilities discrimination” have seen a 400% rise in the last decade. The most prevalent claims:
- Alleged violation of the Family and Medical Leave Act (FMLA) when denied leave or retaliated against for taking time off for child caregiving;
- The Americans with Disabilities Act (ADA) when denied an accommodation for caring for a disabled family member; and
- Gender discrimination, including stereotyping women as primary caregivers in hiring and promotion decisions.
THE SOLUTION
The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidelines to avoid unlawful discrimination. Employers are not required by law to implement these guidelines but adopting a number of best practices is recommended to prevent discrimination claims. Some examples of best practices:
- Maintain, distribute and enforce up to date policies and handbooks that prohibit discrimination against caregivers.
- Properly train managers about company obligations under federal employment statutes, regulations, and state law.
- Ensure that managers understand and strictly adhere to the company’s policies concerning leaves of absence, scheduling, promotion, work assignments and vacations when dealing with all employees, including those with caregiver responsibilities.
- Promptly and fully investigate all complaints of discrimination, including those from employees with caregiver responsibilities.
- Fully and clearly inform all employees, including those with caregiver responsibilities, that they should come forward immediately with complaints about possible discrimination without fear of retaliation.
- Do not base decisions regarding hiring, firing, promotions and demotions in whole or in part on a person’s caregiver actual or perceived status.
- Monitor your compensation and benefits system to ensure fair and equitable treatment for all employees including those with caregiver responsibilities.
- Post schedules, including overtime hours, as early as possible so that caregivers can make plans for child or elder care.
FINAL THOUGHT:
In this difficult economy, there are a tremendous number of caregivers employed and seeking employment. Given the rise in these claims and the interest the current administration has shown, you should expect the EEOC, other government agencies, and the courts to closely monitor how employers treat caregivers and to severely penalize those who treat them unfairly. We therefore recommend a review of employment policies at the earliest opportunity to ensure these best practices are being followed.
QUESTIONS OR CONCERNS?
Contact info@foleylawpractice.com or call 508-548-4888.
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