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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 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 ).
- 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 ).
- 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
Discrimination
- This report provides
a comprehensive survey of state and local FRD
laws.
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