Caregivers Suffer Adverse
Many caregivers suffer adverse and often illegal actions at work: for instance, the salesperson who is not promoted because management believes she cannot take on increased responsibility due to her need to care for a parent with Alzheimer’s. Other examples of caregiver discrimination include the following types of actions when they are not motivated by a valid business reason:
- Firing an employee after finding out she is pregnant
- Firing an employee when he or she returns from paternity or maternity leave
- Firing an employee for performing his or her family responsibilities
- Firing an employee who is pregnant, who has an aging parent in poor health, or who has a sick spouse, to avoid health insurance costs and to avoid expected excessive absences from work
- Refusing to hire or promote a parent in favor of a less-qualified person who does not have children
- Refusing to offer a flexible schedule to allow a caregiver to provide child care or other assistance to a family member, though some employees are granted flexible schedules for other reasons
- Providing inaccurate information to an employee about the availability of leave and benefits
- Discouraging an employee from taking maternity, paternity, or family and medical leave
- Punishing an employee who provides care or takes leave—through performance evaluations, disciplinary actions, reassignment, or transfer
- Scheduling an employee for shifts that interfere with his or her caregiving responsibilities
- Criticizing an employee for being a caregiver, including comments based on stereotypes No single statute prohibits these acts or protects those who are subject to discrimination because they have caregiving responsibilities. But together, a number of laws do provide such protections to caregivers:
- Title VII of the Civil Rights Act disallows discrimination on the basis of any sex-based stereotype. It applies to both men and women. This means that an employer cannot deny leave to a man to care for his child because “that is something his wife should do.”
- The Americans with Disabilities Act (ADA) bars discrimination against those who “associate with” disabled family members. “Associate with” includes serving as a caregiver.
- The Family and Medical Leave Act (FMLA) protects both women and men who need to take leave to care for a child or a family member.
Different federal frameworks address different concerns
Title VII and the Pregnancy Discrimination Act address employment treatment because of protected characteristics, including sex and pregnancy. EEOC guidance explains that unlawful treatment of workers with caregiving responsibilities can sometimes reflect sex-based or pregnancy-related stereotypes; caregiver status alone is not a general federal protected category.
The Family and Medical Leave Act can provide qualifying unpaid, job-protected leave for eligible employees of covered employers. Its coverage, employee eligibility, qualifying reasons, and defined family relationships are separate requirements.
ADA association discrimination can concern adverse employment action because of a known disability of a person with whom an employee has a relationship or association. It is different from a general ADA right to an accommodation or flexible schedule for family care.
The Pregnant Workers Fairness Act addresses an employee’s or applicant’s own known pregnancy-related limitation, not caregiver status generally. Its accommodation framework has separate statutory terms and limits.
This article is general information, not legal advice. Employment law changes, and your situation may differ. For advice about your own case, talk to an attorney.