Outten & Golden attorneys have extensive experience with cases of discrimination based on family responsibilities and care-giving, and are committed to protecting employees' rights to take leaves of absence to care for their families.
It is illegal to stereotype on the basis of gender with respect to care-giving responsibilities for children or for parents or spouses who are ill. When this type of stereotyping leads to an adverse employment action, it constitutes family responsibilities discrimination.
Both men and women face discrimination on this ground. For women, it usually arises when they are perceived as more committed to their families than their jobs and as less competent than other workers, regardless of how care-giving responsibilities actually impact their work. A male caregiver may face the opposite stereotype: the assumption that, as a man, he is poorly suited to care-giving and belongs in the workplace, and a resulting denial of parental leave or retaliation for taking leave. Assumptions about an employee’s commitment to his or her work based on gendered stereotypes about care-giving may violate Title VII even if the employee does not actually have care-giving responsibilities, e.g. when an employer denies a woman a promotion based on the assumption that in the next few years she will have a baby and will take a long leave of absence. Outten & Golden lawyers can help workers facing family responsibilities discrimination to obtain fair treatment and/or compensation for their losses.