Caregiver discrimination, sex-plus discrimination, and family responsibility discrimination are serious concerns in the workplace. Whether caring for a child, spouse, or elderly parent, employees have rights and protections against job loss, demotion, and other unfair treatment.
Caregiver discrimination can manifest in hiring practices, discriminatory treatment, or retaliation, affecting both men and women.
Various statutes, including the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), the Family and Medical Leave Act (FMLA), and the Minnesota Parental Leave Act, provide safeguards for employees with caregiving responsibilities.
If you have experienced discrimination or adverse actions due to your role as a caregiver, contact the experienced attorneys at Wanta Thome PLC. With a proven record handling employment discrimination and retaliation cases, we offer a free initial consultation to review your case and protect your rights. Do not suffer in silence. Reach out today and stand up against caregiver discrimination.
Have You Suffered Discrimination for Caring for a Family Member?
Minnesota and federal law protect employees from caregiver discrimination, sex-plus discrimination, and family responsibility discrimination. Our attorneys can review your case and help protect your rights if you are facing job loss, demotion, or other forms of discrimination.
When a spouse, child, or parent becomes ill, it is often necessary to take on caregiving responsibilities. Naturally, this can impact hours, job performance, and your ability to fulfill work duties. Employees who must prioritize caregiving are protected by law against discrimination.
The terms caregiver discrimination, sex-plus discrimination, and family responsibility discrimination describe different circumstances in which employees are treated unfairly or suffer retaliation because they take on caregiving roles.
Check Also: Caregiver Consent Form – An Ultimate Guide
Can I Take Time Off Work to Care for a Sick Child?
With the rise of women in the workforce, many working mothers balance careers and family obligations. Many women are also responsible for caring for aging parents. Increasingly, men share in these caregiving responsibilities as well.
If you care for a sick child or parent, it is important to know that you have rights. Caregivers are protected against discrimination and retaliation. Litigation involving allegations of caregiving discrimination has risen more than 260% over the past decade. There are more working mothers than ever before. Groups such as working mothers of color are particularly affected. A growing segment of employees are also part of the “sandwich generation,” caring for both children and aging parents simultaneously.
If you need time off to care for a family member, be aware that this area of law can be complex. You should consult an experienced employment law attorney before taking any leave from work.
What is Caregiver Discrimination?
Caregiver discrimination is disparate, unfair treatment, or retaliation against employees who have family caregiving responsibilities. A caregiver may be:
- A pregnant employee
- A worker caring for an ill spouse
- Someone providing care to a family member with disabilities
- An employee responsible for elderly care
Under both Minnesota and federal law, employee caregivers are not a standalone protected class. Claims for family responsibilities discrimination must be brought under existing legal protections. For example, to bring a sex-plus discrimination claim, an employee must show that the discrimination targeted employees of a particular gender combined with another shared characteristic.
Liability may exist if, for instance, a female employee can demonstrate she faced discrimination not against all women, but specifically against women with young children.
Can Men Experience Caregiver Discrimination?
Yes. Men can also be victims of caregiver discrimination. Male employees who are treated worse than their male colleagues without caregiving responsibilities are protected. These protections are based on gender discrimination laws under both the Minnesota Human Rights Act and federal law, including Title VII of the Civil Rights Act. This is why such claims are sometimes called sex-plus discrimination.
What Laws Protect Employees from Caregiver Discrimination?
In addition to the Minnesota Human Rights Act and Title VII, several laws may protect employees experiencing caregiver discrimination:
- ADA (Americans with Disabilities Act): Protects employees from associational discrimination if they are caring for a disabled spouse or child.
- Pregnancy Discrimination Act (PDA): Protects against discrimination based on pregnancy, childbirth, or related medical conditions.
- FMLA (Family and Medical Leave Act): Provides eligible employees with job-protected leave to care for family members, with protection against retaliation.
- Minnesota Parental Leave Act: Offers leave to employees needing time for parental obligations and protects them from retaliation for taking leave.
Examples of Unlawful Caregiver Discrimination:
If you believe you have experienced caregiver discrimination, consult an experienced employment attorney to assess whether the law protects your situation. Unlawful employer actions can include:
Hiring and Promotion
It is discriminatory for an employer to make decisions based on:
- Marital status
- Number or age of children
- Childcare needs or plans for future children
An employer may violate the law by:
- Denying opportunities to qualified employees because of caregiving responsibilities
- Excluding employees from consideration based on assumptions (for example, assuming a mother would not want a promotion that involves travel)
Discriminatory Treatment or Termination
If your employer’s behavior changes after you assume a caregiving role, this could be discrimination. Relevant considerations include:
- Whether women without childcare obligations are treated better than those with caregiving duties
- Whether male and female employees with caregiving responsibilities are treated differently
Retaliation
Retaliation claims must be substantiated like any other retaliation claims under Minnesota law or Title VII. To succeed, you must show that a reasonable employee would find the employer’s action materially adverse. Examples include:
- Being switched from a flexible to a rigid schedule that no longer accommodates childcare
- Being transferred to a distant location, substantially increasing commute time
- Being reassigned to a position without promotional opportunities
Contact Our Minnesota Employment Lawyers:
If you are experiencing discriminatory or retaliatory treatment because you recently had a child, have caregiving responsibilities, or requested accommodations, our attorneys want to hear from you.
The lawyers at Wanta Thome PLC have significant experience litigating and resolving employment discrimination and retaliation cases. Contact us today for a free initial consultation.
Frequently Asked Questions:
Can men experience caregiver discrimination too?
Yes. While many caregiver discrimination cases involve women, men also face unfair treatment, especially if employers stereotype caregiving as a “woman’s role.”
What is caregiver discrimination?
Caregiver discrimination occurs when an employee is treated unfairly at work because they have caregiving responsibilities for children, elderly parents, a spouse, or other family members. This could involve being denied promotions, disciplined unfairly, harassed, or even terminated because of caregiving duties.
Is caregiver discrimination illegal?
While there’s no single federal law specifically called a “caregiver discrimination law,” discrimination against caregivers can violate laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state or local laws, especially if discrimination is tied to gender, association with a disabled person, or retaliation for taking leave.
