Many workers, both male and female, juggle work and caregiving
responsibilities. This can include providing care for young
children and elderly family members, as well as providing care to
disabled children, parents or spouses. While family responsibility
discrimination (FRD) is not a new protected category and there is
no federal law expressly preventing employment discrimination
against caregivers, a number of laws can provide protection for
employees with caregiving responsibilities. Employers must be aware
of these protections and develop best practices to avoid
discrimination claims.
For example, many workers are guaranteed leave under the Family and
Medical Leave Act (FMLA) to care for a newborn or newly adopted
child, or to care for a child, spouse or parent with a serious
health condition. Employers must provide job protection for
employees taking FMLA leave and cannot retaliate against employees
for exercising their FMLA rights. Yet, the FMLA has