Arlington Family Responsibilities Discrimination Lawyer
Sometimes, family members may unexpectedly fall ill and require immediate and extended care from their children, spouses, or parents. If you ever need to take time away from work to manage this kind of situation, it could be important to know your rights under the law in Arlington.
If you feel that you suffered discrimination based on a need to care for a loved one, you may have a case under one of several federal and state laws that a seasoned employment attorney at the Spiggle Law Firm could help you with. Contact an Arlington family responsibilities discrimination lawyer today to learn about the possible legal pathways to pursue your case and get the compensation you deserve.
Requirements to Provide Leave Under the Law
There are several different laws that were designed to protect the rights of workers who need to preserve their jobs while taking time to care for members of their family.
If a family member becomes disabled and requires you to take time off work to care for them, you could appeal any resulting maltreatment or retaliation you receive from your employer through the Americans with Disabilities Act. Also, the Family and Medical Leave Act requires that certain employers provide their workers with leave for situations involving medical care or new additions to the family.
Other laws have more specific scopes. For example, the Civil Rights Act may sometimes be used to file a claim against an employer for denying caregiver leave. This could happen if an employer denies a male worker leave because they think women should always be primary caregivers. This is considered discrimination under Title VII of the Civil Rights Act, as it is an instance of discriminating based on sex or gender stereotypes.
Common Forms of Family Responsibilities Discrimination
An employer could violate applicable laws in a number of ways—for instance, by outright denying required leave. If you qualify for leave and your employer is subject to the laws, your employer cannot legally deny you that leave.
Other potential forms of discrimination include firing you for taking leave or retaliating against you by creating a toxic work environment, denying hours, or work as a punishment for taking leave. Retaliation can be a particularly difficult act to prove in court, so if you feel you were retaliated against, you may want to seek the counsel of an experienced Arlington family responsibilities discrimination attorney.
Qualifying for Caregiver Leave
Different federal and state laws apply to different situations, and each law has a list of criteria to determine whether your employer must provide you with leave. Usually, these criteria include the length of time you have worked for that employer, the size of the employer’s operation in terms of the number of retained employees, and the amount of work or hours you have performed on that employer’s behalf.
For example, the stipulations of the Family and Medical Leave Act only apply when an employer has 50 or more workers in one area, the employee in question has worked for that employer for a full year, and the amount of work done in a 12-month period by that worker totals at least 1,250 hours.
How an Arlington Family Responsibilities Discrimination Attorney Can Help
If you feel that you qualify for protection under the aforementioned laws and were discriminated against by your employer, you may be entitled to compensation. Contacting an Arlington family responsibilities discrimination lawyer from the Spiggle Law Firm could be the best way for you to start recouping the maximum amount of damages to fix your situation. Therefore, you should call now to set up an initial meeting and start discussing your options. In the meantime, you could also see how much your case might be worth with our online Case Assessment Calculator.