Caregiver Discrimination Attorney

While "caregiver" is not a standalone protected class under federal law, caregiver discrimination often violates existing laws. The EEOC's enforcement guidance on caregiver discrimination recognizes claims under Title VII (sex stereotyping), the ADA (association discrimination), and the FMLA. California FEHA prohibits familial status discrimination. New York City's Human Rights Law explicitly protects caregivers from employment discrimination.

The "maternal wall" refers to stereotypes and biases that mothers (and prospective mothers) face in the workplace — assumptions that they are less committed, less competent, or less available due to parenting. Under Title VII and FEHA, decisions based on sex-based stereotypes about mothers are actionable sex discrimination. Evidence includes comparisons to how fathers or non-parents are treated in similar situations.

If you are taking FMLA or CFRA leave to care for a family member with a serious health condition, your job is protected. Even outside of formal leave, firing someone because of caregiving responsibilities may constitute sex discrimination if caregiving stereotypes motivate the decision. New York City explicitly prohibits discrimination based on caregiver status under its Human Rights Law.

Document comments by supervisors about your caregiving duties, comparator evidence showing different treatment of employees without caregiving responsibilities, timing of adverse actions relative to leave use or disclosure of caregiving duties, and any shift in treatment after becoming a caregiver. Statistical evidence showing disparities between parents and non-parents in promotions, pay, and evaluations can also be powerful.