Working families in New York face a variety of obstacles, including unequal treatment in the workplace. Discrimination on the basis of familial status refers to the unfair treatment of individuals based on their status as a parent, or on the number of children they have. Fortunately, victims of familial status discrimination are able to seek legal remedy with the help of an experienced lawyer.
At White, Nisar & Hilferty, LLP, we are committed to eliminating all forms of discrimination on the job. Our New York employment liability attorneys offer experienced and skilled legal representation that can help employees hold employers accountable and recover compensation for the harm they have suffered.
Contact White, Nisar & Hilferty, LLP at (646) 760-6493 to learn how we can be of service.
While federal law does not expressly outlaw familial status discrimination, employees may still be protected by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). For example, if an employee takes twelve weeks of unpaid leave to the birth or adoption of a child, or to care for a significantly ill relative, and experiences discrimination after returning from medical leave, the employee may have grounds for a lawsuit based on retaliation.
By contrast, the New York State Human Rights Law grants protected “familial status” to a person who is pregnant or has kids under 18 years of age. Simply put, it is unlawful for employers to make employment decisions (e.g. hiring, firing, promoting, demoting, etc.) based on a stereotyped belief or opinion about caregivers of children under 18 years old.
Furthermore, the same state law recognizes “caregiver status” as a protected class. A “caregiver” means an individual who provides direct and ongoing care for minor children or care recipient (i.e. a person with a disability who is a covered relative or an individual who lives in the caregivers’ household).
Family status discrimination is a complex issue. Our legal team can assess your case and determine all of your available legal options in order to obtain the most favorable results possible.
For more information, contact us at (646) 760-6493 to speak with our New York employment liability lawyers.