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How to avoid being sued for caregiver discrimination

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in Discrimination and Harassment,Human Resources

by Amy G. McAndrew, Esq., Pepper Hamilton LLP, Berwyn

Many workers, both women and men, juggle work and caregiving responsibilities. That can include providing care for young children and elderly family members, as well as providing care to disabled children, parents or spouses.

While family responsibility discrimination (FRD) is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), a number of laws provide protection for employees with caregiving responsibilities.

Caregiving and the FMLA

For example, many workers are guaranteed leave under the FMLA to care for a newborn or newly adopted child, or to care for a child, spouse or parent with a serious health condition. Employers must provide job protection for employees taking FMLA leave and cannot retaliate against employees for exercising their FMLA rights.

Yet, the FMLA has its limitations. Private employers are ...(register to read more)

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