Prince William County Family Responsibilities Discrimination Lawyer
Many employees eventually have a responsibility to care for their family members, whether through maternity leave, a flexible schedule to care for a newborn, or time off to help an aging parent. Unfortunately, employers often fail to accommodate these needs or treat workers poorly because of their responsibilities.
Your employer should not use your status as a caregiver against you. While there are several laws to protect employees with care responsibilities, you may require a Prince William County family responsibilities discrimination lawyer’s assistance to identify your rights, understand the relevant law, and explore the options to remedy your work-related discrimination concerns. Allowing a compassionate employment attorney from the Spiggle Law Firm to advise on your case could help you reach a favorable outcome.
What is Family Responsibilities Discrimination?
Family responsibility discrimination takes place when an employer treats an employee differently because of their familial caregiving responsibilities. Pregnant women, those with young children, and people caring for an ill spouse or aging parent could all face adversity in employment due to this type of discrimination. Common discriminatory actions may include:
- Firing or demoting an employee who becomes pregnant
- Failing to accommodate pregnancy-related medical needs, such as breaks and private locations to pump breast milk
- Demoting or firing employees upon return from family leave
- Firing employees after a spouse or parent become disabled
While not all actions that negatively affect employees because of their family responsibilities are against the law, there are several legal protections in place for caregivers. An experienced Prince William County lawyer could provide information and act as a resource for employees facing discrimination due to their family care responsibilities.
Legal Protections Against Family Care Discrimination
Although no single law prohibiting family responsibilities discrimination, there are numerous federal and state laws to protect family caregivers. Both federal and Virginia anti-discrimination laws prohibit adverse treatment based on gender, pregnancy, childbirth, medical conditions related to childbirth, and association with people with disabilities.
One such law, the federal Family and Medical Leave Act (FMLA), guarantees job-protected leave for employees who need time off for medical or family needs. The Act provides leave for childbirth, adoption, or fostering a child. Under FLMA, it is illegal to deny a covered employee’s request for leave related to a serious medical condition or to care for an ill child, spouse, or parent. The law also prohibits retaliation against employees who exercise their right to FMLA leave. Since employers generally must apply all leave policies in a non-discriminatory manner, employees may wish to consult a Prince William County family responsibilities discrimination attorney after a leave denial.
Many nursing mothers also have legal rights to care for their children. The Nursing Mothers Provision of the federal Fair Labor Standards Act requires that employers give mothers reasonable time to pump breast milk for one year after the birth and a private location other than a restroom to do so. As this may not apply to all employers, the Virginia Human Rights Act protects nursing mothers from adverse treatment by many smaller employers.
Consult a Prince William County Family Responsibilities Discrimination Attorney
Caring for your family rarely impacts your ability to do work. However, when an employer does not respect your rights and discriminates based on your a role as a caregiver, you may wish to seek legal guidance from the Spiggle Law Firm’s experienced employee advocates.
A Prince William County family responsibilities discrimination lawyer could take the time to understand your family situation and advise on your rights. An employer should not reject, terminate, or demote you simply for having familial care responsibilities. Curious about the potential compensation available in a claim? Click here to access our free Case Assessment Calculator.