What are some examples of family responsibility discrimination or caregiver discrimination?

Author: Beth P. Zoller, XpertHR Legal Editor

Family responsibility discrimination can take many forms.  The following are some examples:

  • Denying female employees with young children the same opportunities as male employees with young children;
  • Reassigning a new mother to less desirable tasks based on the assumption that she will be less committed to her job;
  • Asking job applicants whether and when they intend to have children;
  • Retaliating against employees for seeking leave under the FMLA or for helping other employees in seeking leave under the FMLA;
  • Giving female employees lower subjective ratings after they take on caregiving responsibilities without any actual decline in job performance;
  • Subjecting a male employee to a hostile work environment because his partner has a disability; and
  • Failing to promote an employee for fear that his or her family caretaking responsibilities will interfere with their ability to perform the job.