HR Management & Compliance

You’re the Expert: How Can I Avoid Family Responsibility Discrimination Claims?

In every issue, we take one reader’s question and ask our other readers to weigh in. Here’s what you had to say about a recent question:

I’m hearing more and more about “family responsibility discrimination,” and I’m worried that employees will start suing under this theory. How should I treat workers who are parents and caregivers so I can avoid accusations of discrimination?


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  • We’ve been concerned about this problem and have consulted our lawyer. She advised us that there’s no specific law against working parent and caregiver bias, commonly called “family responsibility discrimination” (FRD). It falls under the umbrella of various federal laws, such as Title VII’s gender bias provisions, the Pregnancy Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act.
    (There are also some comparable California laws, including the California Fair Employment and Housing Act.) But the bottom line is that if you comply with the applicable federal and state laws, you don’t need to worry specifically about FRD. — A.J.
  • We instruct all of our managers that they should never make assumptions about pregnant employees or workers with young children. We train them to avoid saying things like, “Well, I bet you’ll want to work part time once the baby is born” or “Gee, you’re always going to school for soccer games and parent meetings—when do you have time to get your work done?” These comments, even if said in a joking or offhand way, can be deadly if an employee ever decides to sue us. — K.H.
  • Our understanding is that FRD claims generally involve denials of job opportunities and advancement,
    or lower pay or unfair firing. We try very hard not to stereotype employees with caregiving responsibilities, and we don’t assume that people will or should act in certain ways. This is especially true when the caregiver is a man—people seem thrown by this and we try to make sure this employee is treated like everyone else. — R.R.

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