Family Responsibilities Discrimination (FRD) is a type of employment discrimination against workers that have assumed family care giving responsibilities. It affects men and women of all income levels and employers in every industry. In the state of California, an employer is responsible for making personnel decisions without factoring in the employee’s family responsibilities. Employers who reject for hire, pass over for promotion, harass, terminate or demote an employee despite good performance and a strong track record may be guilty of family responsibilities discrimination and harassment.
If you think you have been the victim of family responsibilities discrimination and harassment by your employer, you must contact a professional and experienced family responsibilities discrimination lawyer from The Nourmand Law Firm as soon as possible. We have extensive experience working with employees who have been discriminated against or harassed because they have assumed certain roles or responsibilities for their family, and when the employer feels threatened by this role.
Sources of Family Responsibility Discrimination Claims
Even though family responsibility discrimination litigation is not specifically prohibited by federal anti-bias laws or California Anti-Discrimination laws, the number of claims has increased significantly over the years. The Center for Worklife Law at the University of Hastings College of the Law has found that family responsibilities discrimination claims have increased 400% from 1996 to 2006. This alarming trend has prompted the EEOC to issue guidance regarding circumstances on FRD claims, and has recognized that many FRD cases tend to arise from employment actions that are based on stereotypes about the dedication and competency of the caregiver, rather than the individual’s performance.
Examples of Family Responsibilities Discrimination include:
- Firing an employee without valid business reasons when the employee returns from taking their approved maternity or paternity leave
- Firing or demoting an employee when she becomes pregnant
- Passing over highly-qualified mothers for hire or promotion in favor of less qualified individuals without children
- Firing employees whose spouses or elderly parents become disabled
- Firing an employee out of fear of increased absenteeism because an employee is taking care of someone who is ill, or because they may now have higher health insurance premiums that the employer doesn’t want to be responsible for
- Fabricating work infractions or performance deficiencies to justify a dismissal of an employee
Types of Laws Protecting You against Family Responsibility Discrimination
While there is no specific law to protect you against family responsibility discrimination in the State of California, your situation may fall in one of the following categories:
- Sexual stereotyping
- Intermittent leave
- FMLA or CFRA leave
- Marital status
- Adverse action
- Harassment based on any of these categories
If you think that you have been discriminated against or harassed because you have recently assumed a caregiver role,you may be able to file an FRD claim against your employer.
An experienced family responsibilities discrimination lawyer from The Nourmand Law Firm can evaluate your case and help you take legal action against an employer who may be guilty of family responsibilities discrimination or harassment. Contact The Nourmand Law Firm today so that we can review your situation and help you recover damages.