Roanoke Caregiver Discrimination Lawyer
A person’s caregiver responsibilities can involve taking care of young children or aging parents. Caregiver or family responsibilities discrimination occurs when an employer discriminates against a worker for taking care of a dependent party when necessary.
If you believe your boss has discriminated against you because of your role as a caregiver, you may have a valid legal claim. You should consider reaching out to a Roanoke caregiver discrimination lawyer to find out what your case is worth. Our employment law professionals could work tirelessly to make sure you are not wrongfully punished for taking care of your family.
Legal Protections for Caregivers
There are several federal and state laws that protect employees in Roanoke from workplace discrimination on the basis of a worker’s family responsibilities. Which law applies depends on the facts of your case.
The Family and Medical Leave Act (FMLA) requires business owners to give both men and women unpaid leave to care for a child or an ailing relative. The FMLA also provides legal remedies if an employee returns from their caregiving responsibilities to work at a demoted level. For example, an aggrieved worker may be able to collect back pay and be reinstated into their original position, according to the FMLA.
Similarly to the FMLA, the Americans with Disabilities Act (ADA) protects caregivers of disabled family members from adverse employment action. This mean that even though you may not be disabled, you may still be entitled to certain legal protections under the ADA if you actively care for a disabled family member.
Civil Rights Act
Title VII of the Civil Rights Act of 1964 protects men and women from discrimination based on sex. Sex-based workplace discrimination commonly involves employers imposing demotions or termination on women for taking or attempting to take extended leave to care for their growing families.
Virginia has substantive laws providing additional protections, some of which overlap with federal employment provisions. The Virginia Human Rights Act (VHRA) prohibits Roanoke employers from discriminating against a worker on the basis of their sex, pregnancy, childbirth obligations, and disability.
If you were terminated for taking caregiver leave and do not have a history of any serious misconduct, you may be eligible for state unemployment benefits. There are certain additional requirements associated without collecting unemployment – such as actively seeking work while claiming benefits – that you must comply with. While you look for a new position, unemployment benefits can provide a percentage of your previous income for up to 26 weeks.
What to Do Next
It is imperative to report any instances of illegal caregiver discrimination to your company’s HR department to ensure that they are properly documented. Documentation is critical, as every email and conversation between an employee and their higher ups can be used as evidence in a civil suit later on, if necessary.
Gathering testimonies from vocational experts can also help assert a worker’s claim. Compiling evidence in the early stages of a family responsibilities discrimination case can make a substantial difference in obtaining a favorable outcome at trial or during settlement negotiations.
Furthermore, the Equal Employment Opportunity Commission (EEOC) can be a vital resource for employees who have been subjected to adverse treatment at work for fulfilling their caregiver responsibilities. A lawyer in Roanoke could help you understand the role that the EEOC plays in cases involving caregiver discrimination.
Call a Roanoke Caregiver Discrimination Attorney Today
Caring for a sick or disabled family member or young child is difficult enough, and you should not have to endure unlawful disciplinary action from your employer. If you were discriminated against on the basis of your role as a caregiver, you may have a valid legal claim against your boss.
A Roanoke caregiver discrimination lawyer could help ensure that you obtain the legal remedies you deserve, whether that means settling with your employer or taking your case to trial. Regardless of which option is best in your case, one of our experienced attorneys may be able to help. Schedule a free consultation with a professional by calling today.