Union members often face discrimination based on family care responsibilities

Issue Brief: How unions can better negotiate for improved work-life fit

Report: Improving Work-Life Fit for Hourly Workers

Middle class people are more likely than other Americans to be caring for children or ill, elderly or disabled family members themselves rather than paying others to do so. For example, 1 in 4 American families handle childcare through “tag teaming” – having parents work different shifts.

Recent studies show that Americans with family care responsibilities often face discrimination that is illegal under current Federal law. Lawsuits involving family responsibilities discrimination (FRD) have increased 400% in the past decade. Cases involve workers in all types of jobs, from nurses’ aides and cashiers, to police officers and fire fighters, to computer sales staff and graphic designers, to administrative assistants and flight attendants, as well as professionals such as school teachers.

The following are examples of policies and practices that may be illegal under current law:

1. A sick leave policy that prohibits use of sick leave for care of family members. See Roberts v. United States Postmaster General, 947 F. Supp. 282, 284, (E.D. Tex. 1996)

2. A policy sharply limiting disability leave for new employees, if that policy has had a disproportionate effect on pregnant employees

3. Situations where men are denied parental or other caregiving leaves that are routinely granted to women

4. The practice of giving low-wage workers monthly pregnancy tests (often disguised as drug tests) and then firing them if they get pregnant

5. Mothers whose maternity leaves are conditioned in ways that other disability leaves are not.

All too often, workers in these situations are not informed that their treatment may violate state or federal law. WorkLife Law provides a resource for unions that seek to eliminate family responsibilities discrimination (FRD), though trainings for union general counsel and law firms that represent unions. If you would like additional information on our trainings, please contact Manar Morales, Director of Strategic Alliances, at manarmorales at this web site. For more information on FRD, click on the “For Employees” [link to For Employees tab] tab of this website.