A father who takes time off to be with his kids receives an impossibly heavy workload from his supervisor. A man is fired when he asks for leave to care for his elderly parents. Chances are you are familiar with these types of situations, either from personal experience or through observing clients or friends. There is a name for what is happening in each scenario:
It also includes employees taking time to care for sick children, wounded veterans returning from military service, maternity leave — workers caring for family members of all ages. Employees prevail in almost half of the cases, far more frequently than in other types of employment cases.
Cases have arisen in every state, in every industry, and at every level in organizations, and Employers of all sizes have been sued, from small start-up companies to large multi-national corporations.
Employees are finding it harder and harder to juggle increasing work demands and the pressures of the home front — and that goes for men as well as women.
Report author Cynthia Thomas Calvert outlined some common causes: Many family responsibilities discrimination cases are brought by employees with family care obligations who were performing well and balancing family and work until their supervisor changed.
The new supervisors often cancel flexible work arrangements, change shifts, or impose new productivity requirements. On occasion, comments made by the new supervisors indicate that they take these actions intending to push family caregivers out.
In a significant subset of cases, mothers report little discrimination until they become pregnant with a second child or a multiple birth.
Once a supervisor becomes aware that a female employee will have more than one child, he or she often takes preemptive personnel action, apparently based on the assumption that the employee will no longer be sufficiently committed to work because of her additional family responsibilities.
The Elder Care Effect. In a growing number of cases, employees are discriminated against because they take time off to care for their aging parents. What else can HR do? A few common-sense suggestions:Family responsibility discrimination (FRD) is a term that the U.S. Equal Employment Opportunity Commission (EEOC) and legal professionals use to broadly refer to employment discrimination against employees who are family caregivers.
Writing for the Supreme Court in , Chief Justice Rehnquist noted that “the faultline between work and family [is] precisely where sex-based overgeneralization has been and remains strongest.” 31 Sex-based stereotyping about caregiving responsibilities is not limited to childcare and includes other forms of caregiving, such as care of a.
Discrimination can arise because an employer’s actions are based not on the individual employee’s performance or own desires, but rather on stereotypes. Increasingly, employees are suing their employers in court for Family Responsibilities Discrimination (FDR) and are winning.
Family responsibilities discrimination, also called caregiver discrimination, is discrimination in the workplace based on an employee's responsibility, real . Family responsibility discrimination (FRD) is one of them.
People who do not have work experience may not be familiar with the term. According to Joan William and Consuela Pinto, FRD “also called caregiver discrimination, is discrimination against employees because of their family caregiving responsibilities.” ().
In writing for the majority, then-Chief Justice William Rehnquist noted that stereotypical views about women's domestic responsibilities are reinforced by parallel stereotypes presuming a lack of domestic responsibilities for men, creating a "self-fulfilling cycle of discrimination.".