FAMILY RESPONSIBILITIES DISCRIMINATION
Family Responsibilities Discrimination, or “ FRD ”, is a new category of discrimination claim being brought with more frequency by employees against employers. These FRD lawsuits generally allege that the employees were discriminated against because of their family caregiving responsibilities at home. The plaintiffs are mostly female parents , although 10% are men and some care for spouses or parents and not children.
The first case that could be considered FRD was brought in 1971 and there were eight such cases in the 1970's. [1] However, from 1996 to 2005 there was a 400 percent increase in the number of FRD claims filed which is a dramatic increase given the fact that the total number of anti-discrimination cases generally decreased by 23 percent during that same time period. [2] Currently, more than 100 FRD lawsuits are pending against employers nationwide. Moreover, according to a study conducted by the University of California Hastings College of the Law – Center for Work Life Law, small and local businesses make up the largest component of companies sued for family caregiver discrimination. The study also revealed that many of these FRD cases, which are won by plaintiffs more than 50 percent of the time, have yielded multimillion-dollar verdicts and settlements. [3]
On May 23, 2007 , the Equal Employment Opportunity Commission (“EEOC”) announced enforcement “guidance” on how disparate treatment of employees who care for children, parents or other family members may violate Title VII of the 196 4 Civil Rights Act or the American with Disabilities Act. For example, the EEOC has now put all employers on notice that if they discriminate based on motherhood in a manner that can have long-term negative career impact, they may be subject to a charge of discrimination. Although the “guidance” provided by the EEOC does not create a new protected category of employees with family responsibility, it makes clear that disparate treatment of employees who need to care for children, parents or other family members can amount to unlawful discrimination under existing Title VII and ADA prohibitions of sex or race bias. I n addition, employers must be mindful that they also have specific obligations towards caregivers under other federal statutes, such as the Family and Medical Leave Act (FMLA), the Gender Discrimination Provisions of Title VII , the Pregnancy Protection Act, or under state or local laws.
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Jackson & Campbell 's Employment Law Practice Group can help employers with practical suggestions on how to prevent FRD , investigate an FRD claim, and value an FRD case. We can advise employers on necessary changes to policies and procedures to comply with the human resources implications of this “guidance” and thus avoid any potential liability arising from FRD . We can also help companies train their managers on how to approach various other issues related to FRD , such as gender stereotyping.
[1] Lisa Belkin, Family Needs in the Legal Balance , New York Times, July 30, 2006.
[2] Id.
[3] Joan C. Williams, Jessica Manvell and Stephanie Bornstein. “Opt Out” or Pushed Out?: How the Press Covers Work/Family Conflict. The Untold Story of Why Women Leave the Workforce . University of California Hastings College of the Law – Center for Work Life Law Study.
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