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Business Not As Usual

By ALM Staff | Law Journal Newsletters |

The majority of employers know that employment discrimination based on gender is illegal. Many employers, however, are unaware that discrimination based on stereotypical views of women as 'mothers' and men as 'fathers' may also be actionable. Although caregivers are not a protected class under federal anti-discrimination statutes, courts are recognizing with increased frequency that inappropriate considerations and decisions about 'caregivers' might constitute unlawful treatment under various federal laws including Title VII of the Civil Rights Act ('Title VII'), the Americans with Disabilities Act ('ADA'), the Family and Medical Leave Act ('FMLA'), and state and local laws.

This two-part article explores the dramatic increase in cases alleging caregiver discrimination, the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves given the explosion of family responsibility discrimination ('FRD') cases and the open issues that could further impact the number of FRD filings.

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