Montgomery County Family Responsibilities Discrimination Lawyer
Many employees have family responsibilities. To have a valid claim for discrimination against family responsibilities, the discriminatory conduct must be based on a legally protected characteristic. Plaintiffs most often pursue discrimination claims based on sex and disability, although there may be other valid grounds available.
If you are providing care to a family member in need and experiencing unfair treatment at work as a result, you may want to consult with a compassionate employment attorney. A Montgomery County family responsibilities discrimination lawyer at the Spiggle Law Firm can advise you on your best course of action.
What is Family Responsibilities Discrimination?
Many people understandably do not want to rely on costly third parties such as nursing homes or daycare to provide care to the people they love most. Unfortunately, when you take on these responsibilities yourself, it may be viewed negatively in a work setting.
Many employers simply do not believe that caregivers should be in the workforce or do not believe that a caregiver can multitask and dedicate enough time and focus to their work. Family responsibilities discrimination refers to discriminatory conduct in the workplace based on an employee’s caregiving responsibilities.
This type of discrimination can also occur as the result of an employer’s preconceived notions about the caregiving responsibilities an employee should or may take on in the future.
Family and Medical Leave
Discrimination against caregivers happens most often when there are young, elderly, or ill members of their family who need care. Federal laws developed that recognize the need for family members to go on leave to provide care that attempts to provide a suitable work-life balance for those employees.
The Family Medical Leave Act (FMLA) provides qualified employers the right to take up to 12 weeks of family leave to provide care to a seriously ill parent, spouse, or child. An employer should not pressure an employee to decide between taking FMLA leave and keeping their job. Qualified employees are permitted to take leave as specified in the FMLA without facing unfair treatment, losing their benefits, or being terminated. Contact a Montgomery County family responsibilities discrimination lawyer for more information.
Providing Care to Children
Negative treatment of an employee with young children or of childbearing age are notorious indications of responsibilities discrimination based on sex since both sex and pregnancy are protected characteristics under state and federal law. Workplace discrimination based on sex or pregnancy is unlawful in any context including caregiving.
Although men and women can be victims of responsibilities discrimination based on sex, prevailing stereotypes about a woman’s primary role in childrearing generally results in women facing family responsibilities discrimination more often.
Providing Care to Adults
Many employers may not believe providing care to adults is necessary, however, their viewpoint does not give them the right to dictate who is granted lawful leave. As the baby boomer generation is getting older, the number of employees taking leave to care for a parent with a serious medical condition continues to rise.
The Americans with Disabilities Act (ADA) prohibits not only persons with disabilities, but also those associated with someone who has a disability. This applies to employees who are providing care to or who have a disabled family member. Employees may have an actionable family responsibilities discrimination claim, if they are being treated unfairly at work because they provide care to a disabled family member. You believe that you have been the victim of such discrimination, contact a Montgomery County family responsibilities discrimination lawyer today.
Get in Touch with Our Family Responsibilities Discrimination Attorneys Today
Sometimes you face unexpected responsibilities that require you to take time away from work. When that happens, there are laws meant to protect your job. If you faced discrimination for taking time to care for a family member, you should take time to learn about your options.
We work hard to protect family members from discrimination. To learn more about your case from a Montgomery County family responsibilities discrimination lawyer, click here to get in touch with us. If you want to know how much your case may be worth, click here to use our free online case assessment calculator.