Caregiving Responsibilities & Employment

Imagine going for a job interview and being told that you are not going to be hired because you are a mother and the employer would not want to take you away from your caregiving responsibilities in the home. Imagine being a father who asks to work part-time to enable you to care for your children, and being told by your boss that childcare is not a man's responsibility. While discrimination based on caregiving responsibilities is rarely this open and blatant, it occurs more often than you might think. This type of discrimination is commonly called Family Responsibility Discrimination (FRD). The Center for WorkLife Law has a very handy fact sheet describing common examples of FRD.

In recognition of the disparate treatment of caregivers, the EEOC has issued an Enforcement Guidance on the Disparate Treatment of Workers With Caregiving Responsibilities . The EEOC's Enforcement Guidance explains that by addressing caregiving responsibilities it is not creating a new protected category, but instead seeks to address situations in which the disparate treatment of a caregiver violates Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Family Medical Leave Act.

Family Responsibility Discrimination is something that affects men, as well as women. Because of the stereotype of the woman as caregiver, when men are caregivers they often face obstacles in the workplace such as denial of leave, or denial of a part-time position that would allow them to care for a family member.

Of course, this recognition of FRD situations does not mean that employees with caregiving responsibilities need to be given preferential treatment. On the contrary, employers should treat caregivers the same way that they treat non-caregivers.

Caring for family members is a central and important part of many employees' lives. Employers should recognize this and be sure that they do not treat these employees differently. Employees with caregiving responsibilities should be aware that they entitled to be treated just like their counterparts who do not have caregiving responsibilities. If you are experiencing family responsibility discrimination and would like to schedule a consultation, please contact Ms. Whitfield at 301.869.8774, or use our online consultation form.

This blog is not intended to provide legal advice or representation, but rather to provide very general information regarding a variety of subject areas. The viewing of the information contained on this blog does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation.