Familial Status Discrimination in New York
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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 Nisar Law Group, P.C., we are committed to eliminating all forms of discrimination on the job. Our New York employment law attorneys offer experienced and skilled legal representation that can help employees hold employers accountable and recover compensation for the harm they have suffered.
Common examples of familial status discrimination include:
- Failing to get a job, despite being qualified for the position, due to pregnancy or your status as a single parent
- Not getting a promotion because the employer thinks the person will become pregnant and not work as hard
- Getting fired for informing the employer about being pregnant
- Failing to get the job after mentioning being a single parent in a job interview
Contact Nisar Law Group, P.C. at (212) 600-9534 to learn how we can be of service.
New York Law Prohibits Familial Status Discrimination and Pregnancy in the Workplace
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).
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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.
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Frequently Asked Questions About: Familial Status Discrimination
Familial status discrimination happens when your employer treats you unfairly because of your family situation – whether you have children, are married, single, divorced, or have caregiving responsibilities for elderly parents or other family members. This type of discrimination is based on stereotypes and assumptions about how your family obligations will affect your work performance. It’s illegal in many jurisdictions and violates your right to equal treatment regardless of your personal family circumstances.
A common example is when a qualified woman with young children gets passed over for a promotion because her supervisor assumes she won’t be able to handle the increased responsibilities or travel requirements. Another example is when an employer gives a parent inflexible schedules that conflict with childcare needs, while offering flexible arrangements to employees without children. These decisions aren’t based on actual job performance – they’re based on biased assumptions about parents in the workplace.
Parental discrimination shows up in many ways: refusing to promote parents because of assumptions about their availability, scheduling important meetings during school pickup times while accommodating other employees’ personal needs, making comments like “shouldn’t you be home with your kids?” during overtime discussions, or giving parents less challenging assignments assuming they can’t handle the workload. Some employers even fabricate performance issues to justify firing employees after they become parents or request family-related accommodations.
Working mothers face unique discrimination challenges, often called the “motherhood penalty.” This includes being passed over for promotions because employers assume they’re less committed, receiving negative performance reviews despite unchanged work quality, being excluded from important projects or client meetings, facing questions about childcare arrangements that male colleagues never hear, or being offered lower starting salaries based on assumptions about their financial needs. Pregnant employees may also face discrimination about their future commitment to the job.
Family responsibility discrimination (FRD) is a broader category that includes bias against employees who have caregiving responsibilities for any family member – children, elderly parents, disabled relatives, or spouses. It’s based on stereotypes that caregivers are less reliable, less committed, or less capable of handling work responsibilities. FRD can affect anyone regardless of gender, though it disproportionately impacts women who often shoulder more family caregiving duties.
Marital status discrimination occurs when employers make assumptions based on whether you’re married, single, divorced, or widowed. For example, an employer might assume a single employee can work longer hours and pile on extra responsibilities without additional compensation, or they might pass over a divorced employee for a client-facing role assuming they’re “going through too much personal drama.” Some employers wrongly assume married employees are more stable while treating single employees as less committed.
First, document everything – keep records of discriminatory comments, different treatment compared to colleagues with different marital status, and any negative employment actions that follow discussions about your personal life. Check if your state or local laws protect marital status as a protected class (many do). File complaints with your state’s fair employment agency or EEOC if the discrimination intersects with other protected characteristics like gender. Consider consulting with an employment attorney to evaluate your specific situation and legal options.
Work-family conflict happens when your job demands interfere with family responsibilities or vice versa. Examples include mandatory overtime that conflicts with childcare pickup, business travel requirements that prevent you from caring for an elderly parent, inflexible schedules that don’t accommodate school events, or being penalized for taking legally protected family leave. The key is when employers create these conflicts unnecessarily or use them as excuses for discriminatory treatment.
Legal protections vary by location, but many states and localities have laws protecting familial status as a protected class in employment. The Family and Medical Leave Act (FMLA) provides federal protection for eligible employees who need time off for family caregiving. Title VII’s pregnancy discrimination protections also apply to family-related issues. Even where family status isn’t specifically protected, discrimination often violates gender discrimination laws since family caregiving responsibilities disproportionately affect women, creating actionable disparate impact claims.
Family status includes your relationship to family members and caregiving responsibilities. Examples include: being a parent with minor children, being single or married, being divorced or widowed, caring for elderly parents, being responsible for a disabled family member, being pregnant or planning to have children, or being in a domestic partnership. Essentially, any family relationship or caregiving responsibility that might influence an employer’s perception of your work availability or commitment could be considered part of your family status under anti-discrimination laws.
