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WorkLife Law is the leading voice in documenting family responsibilities discrimination (“FRD”). FRD is currently illegal under an array of state and federal laws, though only a few states and localities prohibit it explicitly.
FRD is well-established in case law: In hundreds of cases, courts across the country have ruled that taking negative employment actions because of a worker’s family responsibilities is unlawful under a variety of legal theories and in a variety of factual contexts. Despite these multiple legal theories for proving FRD—and the potential liability employers may face from such lawsuits—to date, only two states and a number of localities explicitly include family responsibilities in their laws prohibiting employment discrimination.
These include:
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Alaska (Alaska Statute § 18.80.220 includes “parenthood”)
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The District of Columbia (D.C. Human Rights Act §§ 2-1401.01, 2-14101.02, 1-2502(12) includes “family responsibilities”)
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A number of
cities and counties such as Miami-Dade County,
FL; Tampa, FL; Atlanta, GA; Chicago, IL; Cook
County, IL; Cambridge, MA; Howard County, MD; Montogmery County, MD; Ann Arbor, MI; and Milwaukee, WI (local laws include “familial status," “parental status," or family responsibilities").
Coming
Summer 2008: WLL Working Paper on State and
Local Laws that Explicitly Protect Workers Based on
Family Caregiving Responsibilities
In addition:
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Connecticut (General Statute § 46a-60(a)(9)) prohibits employers from requesting or requiring information relating to “familial responsibilities” from an applicant or employee, and
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Federal Executive Order 13152 prohibits employment discrimination against federal government employees on the basis of “status as a parent.”
A few other
states and localities have considered or are currently considering legislation to explicitly prohibit FRD, including:
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