How to Address Discrimination Based on Family Responsibilities in New Jersey

Discrimination based on family responsibilities is a lesser-known but important issue that can affect employees in New Jersey. It occurs when an employer treats an employee unfairly because of their caregiving duties, such as caring for a child, spouse, or elderly parent. In New Jersey, there are laws in place to protect employees from this form of discrimination, ensuring that workers can balance their family obligations and their careers without facing unfair treatment. This article will explore what constitutes discrimination based on family responsibilities, the legal protections available, and how to address this issue in the workplace.

What is Family Responsibility Discrimination?

Family responsibility discrimination (FRD) occurs when an employee is treated unfairly due to their caregiving responsibilities. This can happen in various ways, such as being passed over for promotions, being denied flexible work arrangements, or being fired because of the employee’s need to care for a family member. FRD can involve discrimination against employees who are caring for:

• Children: Employees who need to take time off for their children’s health issues or school-related activities.

• Spouses: Employees who need to care for a spouse with a disability or illness.

• Parents: Employees who care for aging or disabled parents.

Family responsibility discrimination can be particularly harmful as it disproportionately affects women, who are often expected to take on the majority of caregiving duties. However, FRD can also affect men and non-traditional families who take on caregiving roles.

Legal Protections Against Family Responsibility Discrimination

In New Jersey, employees are protected from discrimination based on family responsibilities under both state and federal law. These protections include the New Jersey Law Against Discrimination (NJLAD) and the Family and Medical Leave Act (FMLA). Here are the key legal protections:

• New Jersey Law Against Discrimination (NJLAD): NJLAD prohibits discrimination based on family responsibilities, which includes the need to care for a child, spouse, or parent. The law requires that employees be treated equally, regardless of their caregiving responsibilities.

• Family and Medical Leave Act (FMLA): The FMLA provides eligible employees with up to 12 weeks of unpaid leave to care for a family member with a serious health condition. Employers are prohibited from firing or retaliating against employees who take FMLA leave for caregiving purposes.

• New Jersey Family Leave Act (NJFLA): In addition to FMLA, the NJFLA provides additional protections for New Jersey employees who need to take leave to care for a family member, including a newborn or newly adopted child, or a family member with a serious medical condition.

• Pregnancy Discrimination Act: Under this federal law, if a pregnant employee requires time off or adjustments to their work duties for their pregnancy or related medical conditions, the employer is required to make reasonable accommodations, as they would for employees with other temporary medical conditions.

These laws ensure that employees are not discriminated against because they are balancing family obligations and work. Employers must treat employees with caregiving responsibilities the same as employees without such responsibilities, and they must provide reasonable accommodations when possible.

Examples of Family Responsibility Discrimination

Family responsibility discrimination can take many forms, including but not limited to:

• Unequal Pay: An employee being paid less than a coworker for the same work because they need to take time off for family caregiving duties.

• Denied Promotions: An employee being passed over for a promotion because they have caregiving responsibilities that require flexible working hours.

• Harassment or Hostile Work Environment: An employee being ridiculed or criticized for taking time off to care for a sick child or elderly parent.

• Termination for Caregiving Responsibilities: An employee being fired because they need to leave work early to care for a family member or take time off for family reasons.

These examples show how family responsibilities can sometimes unfairly influence employment decisions, leading to discrimination against employees who are simply fulfilling their caregiving roles.

What to Do if You Experience Family Responsibility Discrimination

If you believe you have experienced family responsibility discrimination, it is important to take action. Here are the steps you should follow:

1. Document the Discrimination: Keep a detailed record of any incidents of discrimination, including dates, times, and what occurred. This documentation will be essential if you need to file a complaint or take legal action.

2. Check Company Policies: Review your employer’s policies on family leave, flexible work arrangements, and discrimination. Employers are often required to have clear procedures for reporting discrimination or unfair treatment.

3. Report the Discrimination: If you feel comfortable, report the discriminatory behavior to your supervisor, human resources department, or another appropriate authority within your company. Employers are required to investigate and take corrective action when employees report discrimination.

4. File a Complaint with Authorities: If the issue is not resolved internally, you can file a complaint with the New Jersey Division on Civil Rights (DCR) or the U.S. Equal Employment Opportunity Commission (EEOC). Both agencies handle discrimination complaints and can investigate potential violations of your rights.

5. Consult with an Employment Lawyer: If you are experiencing discrimination and need assistance, consult with an experienced employment lawyer who can help you understand your legal rights, file a complaint, or pursue legal action if necessary.

How NJ Employment Lawyers, LLC Can Help

If you believe you have been a victim of family responsibility discrimination, the experienced attorneys at NJ Employment Lawyers, LLC can help. We understand the challenges employees face when balancing family obligations and work, and we are committed to ensuring that your rights are protected. Whether you are dealing with unequal pay, harassment, or being denied a promotion because of your caregiving responsibilities, we will fight for your rights. Contact us today to schedule a consultation and learn how we can help.

Contact Information

For legal assistance, please contact us at:
NJ Employment Lawyers, LLC 101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027

Conclusion

Family responsibility discrimination is a serious issue that can negatively impact employees in New Jersey. If you are balancing family obligations and work, it is important to know your rights and take action if you experience discrimination. New Jersey’s employment laws provide strong protections for employees with caregiving responsibilities, and you don’t have to face discrimination alone. At NJ Employment Lawyers, LLC, we are dedicated to helping employees fight back against discrimination based on family responsibilities. Contact us today to learn more about how we can help protect your rights and ensure that you are treated fairly in the workplace.