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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Discrimination suits by family caregivers on the rise

October 25, 2007
As the number of employees with elder andchild care demands grows, more workers are filing lawsuits claimingthey’ve been discriminated against on the job because of their familycaregiving obligations.  The federal Equal Employment OpportunityCommission (EEOC), which recently issued its first guidance foremployers about the issue, reports an “upsurge” in cases — with manyresulting in awards to plaintiffs. The guidance provides examples ofhow bias can occur so that employers are aware of the risk.  The type of discrimination is growing so fast,it’s been dubbed “family responsibilities discrimination.” The Centerfor WorkLife Law at the University of California, which tracks theselawsuits, says such cases have risen by 400% in the last decade.  This is on employers’ radar screens,” saysJames Matthews, a Philadelphia-based employment lawyer. “Law firms arereally talking to their clients about it.”  Cases usually involve an employee who must carefor a child, elderly parent or disabled spouse. The employee may claimthat he or she was retaliated against, not hired or discriminatedagainst by an employer because of his or her caregivingresponsibilities.

Source/more:  USA Today, http://www.usatoday.com/money/workplace/2007-10-24-caregivers-work-discrimination_N.htm

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