Family Responsibilities Discrimination

Jan 10, 2025 / Workplace Discrimination

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

What is Family Responsibilities Discrimination?

Family Responsibilities Discrimination (FRD), also known as caregiver discrimination, occurs when an employee is treated unfairly due to their family caregiving responsibilities, which can include caring for children, elderly parents, disabled family members, or other family responsibilities. While federal laws, such as the Family and Medical Leave Act (FMLA), provide some protections, California has additional safeguards to help family caregivers.

What Is Family Responsibilities Discrimination?

FRD is not a standalone legal category; it’s more of an umbrella term that covers various family status discrimination practices. For example, an employer might deny a promotion to a parent of young children, assuming they will be less committed to their job. Similarly, an employee caring for an aging parent may face adverse treatment if they need flexible hours.

Legal protections for caregivers can be related to broader anti-discrimination laws. In California, FRD claims are often brought under laws prohibiting sex, gender, or disability discrimination, as caregiving roles frequently intersect with these protected categories.

California’s Laws to Protect Family Caregivers

California’s state and local laws provide rights for employees experiencing FRD.

Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination based on protected characteristics, including sex, gender, and marital status. Caregiving responsibilities can often fall disproportionately on women, which may deny opportunities to mothers and female caregivers that constitutes improper sex discrimination.
California Family Rights Act (CFRA): CFRA entitles eligible employees to take up to 12 weeks of job-protected leave to care for a family member with a serious health condition. Employers cannot retaliate against employees for taking CFRA leave.
Pregnancy Disability Leave (PDL): For employees needing leave due to pregnancy, childbirth, or related conditions, PDL provides up to four months of job-protected leave.
Reasonable Accommodations: Under FEHA and other laws, employers must provide reasonable accommodations for employees with caregiving responsibilities, such as flexible work schedules or remote work arrangements, so long as it does not create an undue hardship for the employer.

Examples of Family Responsibilities Discrimination

More examples could include:

Gender Stereotyping: A female employee is denied a leadership role because her employer assumes her disabled child will interfere with her work availability.
Retaliation for Leave: An employee takes CFRA leave to care for a sick parent and is demoted when they return to work.
Hostile Work Environment: A manager ridicules an employee for frequently leaving work early to pick up their preschool age children from school, which creates a hostile workplace.

Employer Responsibilities

California employers must address FRD issues to comply with state laws.

Providing Training: Employers should educate managers and HR personnel about FRD to prevent family responsibilities discrimination claims.
Accommodating Caregivers: Employers must explore reasonable accommodations for employees with caregiving responsibilities, such as modified work hours or telecommuting options.
Avoiding Retaliation: Employers must ensure that employees who take legally protected leave, or request accommodations are not subject to adverse actions, such as demotion or termination.

What to Do If You Face FRD

If you believe you’ve experienced FRD, you should:

Document Incidents: Keep detailed records of discrimination, including dates, times, and any witnesses.
Report Concerns: File a complaint with your company’s HR department or follow your company’s internal grievance process.
Seek Legal Advice: Consult with an employment attorney, like the ones at Lawyers for Justice, PC (LFJ), experienced in California labor laws. LFJ can help you determine whether your situation qualifies as FRD and guide you through the complaint or litigation process.

California Law For Working Parents

Because balancing work and family life is a challenge for many parents, California has strong laws to protect working parents and avoid employment discrimination. These laws ensure that parents can care for their families without fear of losing their jobs or facing unfair treatment.

1. Family and Medical Leave

California’s California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave to bond with a new child or care for a family member with a serious health condition. This applies to biological, adopted, and foster children. Importantly, both parents can take CFRA leave, even if they work for the same employer.

Key Points:

To qualify, you typically must have worked for your employer for at least 12 months and logged at least 1,250 hours in the past year.
Usually, your employer must have at least five employees.
In most instances, leave can be taken all at once or intermittently.

2. Pregnancy Disability Leave (PDL)

Expecting mothers are entitled to Pregnancy Disability Leave (PDL) for up to four months. It’s available if you are unable to work due to pregnancy-related conditions, including morning sickness, prenatal care, or recovery from childbirth.

Key Points:

PDL is usually in addition to CFRA leave, meaning new mothers can take PDL and then CFRA bonding leave.
Most times, PDL applies regardless of how long you’ve worked for your employer.
Employers usually must provide reasonable accommodations, such as modified duties or extra breaks, if needed.

3. Paid Family Leave (PFL)

California’s Paid Family Leave (PFL) program provides partial wage replacement for up to eight weeks to bond with a new child or care for a seriously ill family member. While PFL is not job-protected, it often works in conjunction with CFRA to ensure job security.

4. Lactation Accommodation

California law requires employers to provide reasonable accommodations for breastfeeding mothers. This includes a private, non-bathroom space to express milk and reasonable break time to do so.

5. Protection Against Discrimination and Retaliation

Under the Fair Employment and Housing Act (FEHA) and other laws, employers cannot demonstrated workplace discrimination or harass employees based on their parental status, pregnancy, or caregiving responsibilities. Examples of prohibited actions include:

Denying promotions because of an employee’s family responsibilities, due to assumptions about their availability.
Retaliating against employees for taking leave or requesting accommodations.
Creating a hostile work environment for parents.

6. Flexible Work Arrangements

While not mandated, some employers offer flexible work arrangements, such as remote work or adjusted hours, to support working parents. California law encourages employers to consider such accommodations where feasible.

7. School-Related Leave

California’s Family-School Partnership Act allows parents to take up to 40 hours of unpaid leave per year to participate in their children’s school or daycare activities. Employers with 25 or more employees must comply with this law.

8. Paid Sick Leave

Under California’s Paid Sick Leave Law, employees accrue paid sick leave that can be used to care for themselves or a family member, including children.

What Should Employers and Employees Do to Prevent Illegal Discrimination?

For Employers:

Stay informed about legal requirements to avoid potential violations.
Foster a supportive workplace culture for working parents with family commitments.

For Employees:

Understand your rights under state and federal law.
Communicate your needs clearly with your employer.
Document any potential violations and seek legal advice if necessary.