Insights

Caregiver Discrimination: Protections for Working Parents and Family Caregivers

There is no single law called caregiver discrimination, but several laws come together to protect workers who care for children, aging parents, or family members with disabilities. When an employer acts on stereotypes about who should be at work and who should be at home, the conduct often crosses into illegal territory.

How it usually shows up

A mother passed over for a promotion because managers assume she will not commit the hours
A father denied flexibility that is quietly offered to others
An employee demoted or fired after taking leave to care for a sick relative
Comments suggesting a caregiver is less reliable or less serious about the job

The legal hooks

Treating women worse based on assumptions about motherhood is sex discrimination under Title VII and the NJLAD. If the person you care for has a disability, discrimination because of that association can violate disability law. And interference with protected family leave brings the FMLA and the New Jersey Family Leave Act into play.

Family leave protections in New Jersey

Eligible employees can take job protected leave to care for a family member with a serious health condition or to bond with a new child. An employer cannot fire you for taking leave you are entitled to, and it cannot count that leave against you in decisions about pay or advancement.

Building a record

Caregiver bias often hides behind vague performance criticism that appears only after the employer learns about your responsibilities. Keep your reviews, save messages about scheduling and leave, and note any comments that reveal assumptions. Timing and inconsistency are often the strongest evidence.

When to get advice

If your standing at work changed after you became a caregiver or took leave, it is worth a conversation with an attorney before you accept a demotion, sign a severance offer, or resign.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent employees in New Jersey and throughout the New York City area. To talk through your situation with an attorney, call (212) 516-1868 or reach out to us for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we recover for you.

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