Caregiver discrimination at work

Caregiver discrimination is also known as family responsibilities discrimination. It means that an employer is treating an employee differently in the workplace because of the employee's responsibility to provide care for family members. Employers often discriminate based on family responsibilities when they refuse to hire, deny promotions, harass, pay less, or otherwise take negative employment actions against an employee because of the employee's family responsibilities. A knowledgeable employment lawyer can help you determine whether you have been a victim of this kind of discrimination.Caregiver responsibilities may include caring for a spouse, child, or parent. They can include being pregnant, or even the chance of becoming pregnant, as well as caring for a disabled child, sibling or an aging parent. Family responsibilities discrimination can affect almost any applicant or employee. Family responsibilities discrimination is often present with marital status or family status discrimination, when unmarried and married couples are treated differently.It is important to note that even though caregiving responsibilities disproportionately affect working women, protections apply to all employees, including men. The terms “family,” “caregiver” and “caregiving responsibilities” are not limited to women and they extend beyond children and spouses. They cover any individual for whom the employee has primary caretaking...

Court finds employer’s business judgment is BS

The so-called "business judgment" rule is subject to the "BS" rule; if the facts show that the employer's business judgment isn't credible, the claims will go to trial. A recent example comes from a New York federal court in Roa v. Staples, Inc., August 9, 2017, Briccetti, V.The issue in Roa was whether the employer fired the plaintiff because of her disability, or whether it fired her for stealing a bag of potato chips.The plaintiff was diagnosed with several medical conditions that restricted her from lifting over ten pounds, raising and reaching her arms above her shoulders, turning and twisting her neck, operating electric machinery, and performing repetitive motions.She was put on “light duty,” which under Staples’ policy was a temporary modification, not to exceed six months. Her restriction from operating machinery reduced her productivity, and her coworkers voluntarily assisted her, sometimes staying after their shifts ended.The plaintiff's supervisor sent an email to the HR manager asking “Do we know how long we have to accommodate [the employee]?” He also stated that he had the employee working within her restrictions but her condition was getting worse and she had only been “hitting just 40% of her individual productivity.”In March, the supervisor...

Reasonable Accommodations and why they are often not made

Equal access to employment is not only crucial to an individual’s independence and self-worth but is a legally protected right. When there is a barrier to employment or job performance that is created by a disability, employers can lower or remove that barrier by providing reasonable accommodation to the employee. As seasoned employment lawyers, we often see cases where employers have failed to make even the most simple, logical, and fair reasonable accommodations for their employees.What is a Reasonable Accommodation?A reasonable accommodation is an adjustment or change to some part of the job, work environment, or hiring process. These modifications are required by the Americans with Disabilities Act (ADA), and they enable individuals with disabilities to have equal opportunities at work and to perform the duties of their jobs.What are Commonly Requested Accommodations?While every individual is different and will be best accommodated based on their disability, job tasks, and preferences, there are some common requests. These include accessible parking for employees who cannot walk or traverse long distances, computer software for people with visual impairments, ergonomic desks or chairs for workers with back problems, or flexible scheduling to account for a variety of needs.Telework and flexible work schedules are common...