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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
WLL's State
Legislation Tracker - Last Updated:
12/15/09
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:
•
Alaska includes
"parenthood" in its employment discrimination
protections (Alaska
Statute § 18.80.220
).
•
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).
•
Over 63
localities in 22 states include "familial status,"
"family responsibilities," "parenthood," or "parental
status" in their employment discrimination protections.
(See WorkLife
Law's report on local FRD
laws).
In
addition:
•
Connecticut (Conn.
General Statute § 46a-60(a)(9))
prohibits employers from requesting or requiring
information relating to "familial responsibilities" from
an applicant or employee.
•
New
Jersey (N.J.
Administrative Code 4A:7-3.1) prohibits employment
discrimination against state employees on the basis of
"familial status."
•
Federal
Executive Order 13152 prohibits employment
discrimination against federal government employees on
the basis of "status as a parent."
Reports
& Publications
NEW
REPORT! Caregivers as a
Protected Class?:
State and Local Laws Prohibiting Family
Responsibilities Discrimination - This
report is the first comprehensive survey and analysis of
the 63 city and county laws in 22 states that expressly
prohibit employment discrimination based on parental or
familial status or family
responsibilities.
WLL and
Sloan Work and Family Research Network Policy
Brief:
Addressing Family Responsibilities
Discrimination - This
brief provides facts on FRD and information for
policymakers.
Fact Sheets
- COMING SOON
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