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Family Responsibilities Discrimination
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Public Policy: Family Responsibilities Discrimination

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 FRD Legislation Tracker - Last updated:  11/1/10
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 ).

- T
he 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 ).

- At least 63 localities (cities and counties) in 22 states include "family status," "family responsibilities," "parenthood," or "parental status in their employment discrimination protections.  (See WorkLife Law's report on local FRD laws for details.) 

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

WLL and Sloan Work and Family Research Network Policy Brief:  Addressing Family Responsibilities Discrimination - This brief provides facts on FRD and information for policymakers.

Caregivers as a Protected Class?:  The Growth of State and Local Laws Prohibiting Family Responsibilities DiscriminationThis report provides a comprehensive survey of state and local FRD laws.

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