Tysons Corner Family Responsibilities Discrimination Lawyer
Every family situation is different. Understandably, if you have very young, very old, or disabled family members, you may need to provide some extra care and attention to your loved ones. However, you may have a claim for discrimination under one or more anti-discrimination statutes including the if you were treated unfairly at work because of your actual or perceived responsibilities.
Although caring for your family member is not a characteristic that is specifically protected under discrimination law, employees with family responsibilities often endure various forms of unlawful discrimination. Taking a day off or taking a leave of absence to care for a family member should not elicit poor or unfair treatment at work. If you believe you experienced discrimination, contact a well-versed employment attorney. The Tysons Corner family responsibilities discrimination lawyers at the Spiggle Law Firm can help you.
Taking Leave to Provide Care in Tysns Corner
The law is fairly sympathetic to employees who need to take time off work to provide care to immediate family members. The Family and Medical Leave Act (FMLA) permits qualified employees to take leave to care for a parent, spouse, or child who has a serious health condition. Qualified employees may be entitled to 12 weeks of unpaid leave and should not be subjected to backlash at work or lose their job because of taking leave pursuant the FMLA.
Family members should be able to rely on the protections provided by the FMLA to provide care to their loved ones without worrying about their job or enduring discrimination. For more information, speak with a Tysons Corner family responsibilities discrimination lawyer today.
Caregivers and Gender, Sex, or Pregnancy Discrimination
Stereotypically and culturally, childcare is viewed as the primary responsibility of women. Whether or not this is true in every individual circumstance, women are often victims of gender or pregnancy discrimination at work. Discrimination against a young woman because an employer thinks she may have children and lose focus on her job is a common example of family responsibilities discrimination in this context.
Female employees who are terminated from a job because they must care for their child or were denied a job because they have young children may also be victims of family responsibilities discrimination. Being a parent in it of itself is not a protected class. Conduct may become discriminatory under Title VII when employees are treated less favorably because of their gender, sex, or pregnancy. Simply put, an employer cannot deny a mother the same opportunities as a father in the same circumstances and vice versa.
Men can also be victims of family responsibilities discrimination. While women are often presumed to require substantial time to devote to caregiving, men are often seen as not needing time off to provide care to a family member. If female employees are systematically provided with leeway to take time to care for family members, men should be afforded the same privileges without consequence. When filing a civil suit, be sure to consult with a Tysons Corner family responsibilities discrimination lawyer before taking any legal action.
Caring for Persons with Disabilities
Elderly family members may also require additional care and attention. Since the aging population is more expansive than ever before, the number of employees with an elderly parent who needs care has also risen.
The ADA does not protect nondisabled caregivers directly, but it does protect people who have a relationship with disabled parent, child, or spouse. Discriminating against someone associated with a disabled person may violate the ADA. Employers often have assumptions about the time an employee will devote to caring for a disabled family member. Assuming these responsibilities may distract an employee from their work and act upon those assumptions may amount to family responsibilities discrimination.
Contact a Tysons Corner Family Responsibilities Discrimination Attorney Today
You may have a family situation that requires you to take either time or focus from work. If that is the case, you may have protections under the law meant to provide you with job stability during this time. When an employer violates those protections, they may be violating the law.
If you experienced family responsibilities discrimination, you may be entitled to job reinstatement, back wages, or damages. To learn more about what our Tysons Corner family responsibilities discrimination lawyers at the Spiggle Law Firm can do for you, please reach out to us at your convenience.