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| Family Responsibilities Discrimination Claims Up 400% since 2000 |
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| 9/22/2007 |
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ROBIN'S PERSPECTIVE: This past spring, the Equal Employment Opportunity Commission (EEOC) announced new guidance on Family Responsibilities Discrimination (FRD) or how less favorable treatment of employees who must care for children, parents, or other family members may violate Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA).
Title VII requires that people be given equal employment opportunities regardless of their gender, age, nationality, or race, whereas the ADA attempts to ensure that people with disabilities (or those who care for family members with disabilities) are given equal access and opportunities. (Another vital federal law, the Family and Medical Leave Act (FMLA), mandates that workers be given up to 12 weeks unpaid leave to care for themselves or certain identified family members for a serious medical condition). Generally speaking, it’s illegal to punish employees for taking approved caretaking leave or to offer them less favorable employment terms because of their caretaking needs.
FRD, also called "caregiver" discrimination, has always been a part of the law. Recently, however, there has been a rise in claims that gender and disability discrimination occurs when employers make harmful tangible decisions (hiring, firing, promoting, etc.) because of stereotypes or assumptions about caregivers – single moms who have to stay close to home or the dad (instead of the mom) who asks for time off to tend to a sick child. From 2000 to 2005, employment discrimination claims decreased by 23% while FRD claims increased by about 400%. The EEOC has issued its new guidance in an effort to make employers more sensitive to FRD, and to make employees more aware of their rights when it comes to caregiving responsibilities. The guidelines and more information about FRD can be found at http://www.eeoc.gov/policy/docs/caregiving.html
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