flo.jpgLet’s say you take time off from work to care for an aging parent; or you’ve applied for a job and the hiring manager knows you have a disabled child at home.

What would happen if you were denied a promotion; or didn’t get a job because of your family caregiving responsibilities or perceived responsibilities?

Not a lot.

There are no federal laws that explicitly protect family caregivers from discrimination. Alaska and Washington DC are the only places that prohibit some forms of such behavior.

You could go after your employer by filing a discrimination charge if you can prove the reason you were disciplined or fired had to do with you being a woman, or a minority. You could also make a case for yourself under state laws that govern leave time.

But actually suing a company because they dogged you for being a Florence Nightingale is largely a no go.

This is a bad thing right now because this type of discrimination is on the rise, according to a Sloan Work and Family Research report on the issue.

Workplace discrimination against mothers and others based on their family caregiving responsibilities is a rapidly growing problem.

There may be some teeny, tiny hope.

More states are looking at adopting so called, “family responsibilities discrimination” (FRD) laws, but for now, many of you are on your own.

And just this week the Equal Employment Opportunity Commission adopted new employer “best practices to avoid discrimination
against workers with caregiving responsibilities.”

Some highlights:
* Be aware of, and train managers about, the legal obligations that may impact decisions about treatment of workers with caregiving responsibilities.
* Develop, disseminate, and enforce a strong EEO policy that clearly addresses the types of conduct that might constitute unlawful discrimination against care-givers based on characteristics protected by federal anti-discrimination laws.
* Respond to complaints of caregiver discrimination efficiently and effectively.

All this is well and good, but I’m always dubious of government “best practices” guidelines that really do nothing to tackle a growing problem.

Alaska took the unusual step to add the work “parenthood” to its protected class of workers in its laws.

It’s unlawful for an employer to refuse employment to a person, or to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person’s race, religion, color or national origin, or because of the person’s age, physical or mental disability, sex, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical or mental disability, sex, marital status, changes in marital status, pregnancy or parenthood.

But even this law says nothing about adult children who have to now care for their parents.

Do we as a nation decide to finally put in laws to protect against FDR discrimination for all citizens in all states, or is it too much of a burden on businesses?

Workers are increasingly finding it hard to brush aside their family responsibilities, especially with so many homes where both parents work; and with the aging of the population that has led to more working children having to care for their parents. Employees who want to keep their jobs and see their careers flourish need understanding employers.

But, companies are increasingly being asked to take on the burden of our changing society. If a growing portion of their workforce is facing family caregiver duties, how do employers keep their businesses operating efficiently, especially in this economy?

What’s your take? We don’t live in Sweden for God’s sake!

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