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While family responsibilities discrimination
(FRD) is currently illegal under an array of
state and federal laws, to date only two states and a number
of localities prohibit it explicitly. FRD is a
widespread and costly problem for employers and
employees alike.
As a result, policymakers and advocates in
several states have begun to propose state legislation
to address the issue.
As the
leading voice in documenting FRD, WorkLife Law (WLL)
provides information and technical guidance to ensure
that public policy efforts to address FRD are workable
for both employees and employers and consistent with
existing law.
WLL neither sponsors nor lobbies for any
particular legislation. Instead, we
provide information about the problem of FRD and the
costs associated with it. We also compile
information on case law and existing state and local
laws related to FRD, and track FRD legislation proposed
by state policymakers.
WLL
believes that to be effective, any public policy effort
to address FRD should both prevent
unfair caregiver discrimination against workers and provide
clarity to allow employers to meet their business needs
without running afoul of the law.
Technical Guidance
WLL’s
work with employers and employees gives us a unique 360
degree perspective on the problem of FRD, allowing us to
provide feedback to those pursuing public policy efforts
to make them workable and fair. Direct technical
guidance to state policymakers is provided by our
experienced attorneys, some of whom have represented
employers, and some of whom have represented employees
or unions.
For more information and
assistance, contact Stephanie
Bornstein at StephanieBornstein at
worklifelaw dot org.
State Law/Legislation Tracker
· NEW! WLL's State FRD Legislation
Tracker
- Last updated:
5/19/09
Pending
Legislation to Expressly Prohibit
FRD Several states have considered or
are currently considering legislation to explicitly
prohibit FRD. Download our state
legislation tracker
for details and
links.
·
Existing
State Laws Expressly Prohibiting FRD FRD
is currently illegal under an array of state and
federal laws. To date, two states and a number of localities
expressly include family responsibilities in their
laws prohibiting employment discrimination,
including:
o
Alaska includes “parenthood” in its
employment discrimination protections (Alaska
Statute § 18.80.220
).
o
The
District of Columbia
includes “family responsibilities” in its
employment discrimination protections (D.C.
Human Rights Act §§ 2-1401.01, 2-1401.02(12), 2-1402.11,
2-1411.02
).
o Over 55
localities include “familial status,” “family
responsibilities,” “parenthood,” or “parental status” in
their employment discrimination
protections.* *COMING
2009 -
WLL
Report:
State and Local Laws Expressly Prohibiting
Employment
Discrimination Based on Family Responsibilities,
Familial Status, or
Parenthood
In
addition:
o
Connecticut (Conn. General Statute § 46a-60(a)(9)) prohibits employers
from requesting or requiring information relating to
“familial responsibilities” from an applicant or
employee.
o
New
Jersey (N.J.
Administrative Code 4A:7-3.1
) prohibits employment
discrimination against state employees on the basis of
"familial status."
o
Federal
Executive Order 13152 prohibits employment discrimination against
federal government employees on the basis of “status as
a parent.”
Reports
& Publications
·
WLL
and Sloan Work and Family Research Network Policy
Brief: Addressing Family Responsibilities
Discrimination - This brief
provides facts on FRD and information for
policymakers.
·
COMING
2009 -
WLL
Report:
State and Local Laws Expressly Prohibiting
Employment Discrimination Based on Family
Responsibilities, Familial Status, or
Parenthood
Fact
Sheets - COMING SOON
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