Leesburg Family Responsibilities Discrimination Lawyer
Family responsibilities discrimination occurs when employees are discriminated against due to their caregiving responsibilities. This form of discrimination may be based on actual caregiving responsibilities, stereotypes, or even perceived notions about family obligations.
Certain employees are more likely to experience family discrimination than others. For example, new or expecting mothers and fathers, nursing mothers, and individuals with elderly or ill family members may experience this type of discrimination more frequently. Discrimination may occur in the form of harassment, demotion, termination, or other negative treatment.
Our dedicated Leesburg family responsibilities discrimination lawyers are passionate about standing up for the rights of caregivers to be free from discriminatory treatment in the workplace. An experienced employment attorney here at the Spiggle Law Firm understands this treatment should not be tolerated and could fight on your behalf.
Protections from Family Responsibilities Discrimination
Family responsibilities discrimination encompasses unlawful discriminatory behavior as defined by several different federal and state statutes. While there is not a singular universal law prohibiting this type of discrimination, these individual statutes provide comprehensive protections for caregivers that a family responsibilities discrimination attorney in Leesburg could help you enforce.
Family and Medical Leave Act (FMLA)
The FMLA permits individuals to take an unpaid leave of absence from work to care for a spouse, child, or parent with a serious health condition. It also permits leave following the birth of a child or the placement of a child for adoption or foster care.
Discriminating against an employee for taking leave pursuant to the FMLA is prohibited by law. As such, your employer preventing—or trying to prevent—you from taking leave to which they are entitled, or refusing to reinstate you to your job following a period of permissible leave, may constitute family responsibilities discrimination.
Americans with Disabilities Act (ADA)
The ADA protects disabled people and their family members and caregivers from workplace discrimination. Employers may view the fact that an employee has a family member with a disability as an obstacle to sufficiently performing assigned job duties. It should be noted that discriminating against an individual with a disabled parent, child, or spouse who needs care by denying promotions, terminating, or harassing them are common examples of family discrimination under the ADA.
Discrimination Against Protected Classes in Leesburg
Various anti-discrimination laws, including Title VII of the federal Civil Rights Act and the Virginia Human Rights Act (VHRA), establishes race, sex, religion, gender, pregnancy or a related medical condition, and several other traits as protected characteristics. These are commonly cited bases for family responsibilities discrimination.
As a knowledgeable attorney from the Spiggle Law Firm could explain, your employer does not have the right to question your commitment to your job based upon assumptions about these protected characteristics. For example, while it is unlawful for an employer to discriminate based on assumptions about caregiving responsibilities for both men and women, women are more often subject to family care discrimination. If family responsibilities discrimination does occur, you could consult a Leesburg attorney to learn your options.
Age Discrimination in Employment Act (ADEA)
Caregiving responsibilities do not only apply to infants and young children. The need for elder care naturally increases as individuals and their families age, so the ADEA subsequently prohibits age discrimination toward current or prospective employees over the age of 40. Assumptions about your need to care for older family members may justify a claim under this statute.
Consult a Leesburg Family Responsibilities Discrimination Attorney
Family care discrimination is not limited to any one job field or industry—it impacts employees universally, and it should be contested whenever it arises. If you are experiencing discrimination based on your family-related obligations, a compassionate Leesburg family responsibilities discrimination lawyer may be able to help.
The attorneys at the Spiggle Law Firm are knowledgeable about federal and state anti-discrimination laws and could examine every available avenue to pursue your claim. Regardless of your caregiving responsibilities, you should not face discrimination at work. To learn more about your possible case, click here to get started with a free case assessment.