Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistKickerFeaturesTopicsRegulationSectionsNewsLJN Newsletters

Discrimination Against Employees with Caregiving or Family Responsibilities

By Karla Grossenbacher

It is a reality in today's workplace, especially in light of the recent economic downturn, that both husband and wife often are working full-time jobs (and possibly part-time jobs on top of those) to make ends meet. The increased absence of primary caregivers from the home has put a spotlight on issues that arise in the workplace related to employees' responsibilities as caregivers for their families, and in some cases, for elderly parents or relatives. These issues permeate the workplace, arising in the context of employee recruitment, growth, development and career advancement, and employee requests for time off, flexible schedules and other benefits.

If not handled properly, issues related to the management of caregiving responsibilities can give rise to a number of employee relations and morale issues, as well as costs associated with employee turnover and loss of productivity. In addition to such day-to-day workforce issues, employers must manage a number of legal risks when dealing with issues arising out of employees' caregiver responsibilities. These legal risks can arise under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), the Family and Medical Leave Act of 1993 (FMLA), and a host of other federal, state, and local employment laws. In this regard, the Center for WorkLife Law at the University of California, Hastings College of Law issued a report in December 2009 about a study it conducted in which it found a 400% increase in the number of discrimination cases implicating caregiver responsibilities that were filed between 1996 and 2005 as compared with 1986 and 1995. There is no reason to believe this upward trend will not continue.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.