Family Responsibilities Leading to More Employee Lawsuits

July 7, 2016

https://calaborlawnews.com/legal-news/center-worklife-law-at-university-of-california-21579.php

A new study conducted by the Center for WorkLife Law at the University of California Hastings College of the Law suggests that discrimination against workers who take time to care for family members has resulted in more employee lawsuits being filed against employers. Those lawsuits allege violations of a number of laws, including the Family and Medical Leave Act(FMLA) and other state and federal laws. Perhaps surprisingly, men make up 38 percent of all FMLA cases reported, indicating they, too, are victims of discrimination when they take time off to care for family members.

The report, titled “Caregivers in the Workplace,” covers all types of family responsibilities discrimination - both those that involve violations of FMLA and those that violate state or other federal law. The author found that the number of family responsibilities discrimination cases increased 269 percent in the past 10 years, with cases involving care of an elderly person - usually filed under FMLA and state laws - jumping 650 percent.

“The essential conclusion of this report is that employers have not implemented effective policies and practices for managing employees who have family caregiving obligations,” Cynthia Thomas Calvert, author of the report, wrote.

Some lawsuits are being settled or have resulted in awards for the plaintiffs. The report cites a California lawsuit in which a phlebotomist who returned to work after leaving to care for an ill daughter received unwarranted discipline and negative performance reviews. The plaintiff was awarded more than $287,000 in 2014. In a different case, a production supervisor was fired after she told her employer she needed FMLA leave to care for her husband. The plaintiff in that case was awarded almost $500,000 in 2011.

FMLA lawsuits are filed by employees in a range of careers who face a variety of situations, including caring for children, taking maternity/paternity leave, caring for spouses or caring for elderly parents. The report cites the case of a surgical nurse who was approved for intermittent FMLA leave for two years to care for her mother, but was then disciplined for absenteeism even when it was covered by FMLA. The nurse was ultimately fired for violating company policy. Her lawsuit settled.

Employees have the right to protected leave when they are caring for family members. This means they cannot be fired, discriminated against, harassed, disciplined, or otherwise face consequences for using or applying for FMLA leave. Violations of these rights indicate that employers either do not understand or do not care about FMLA laws. Either way, such actions can result in lawsuits being filed against employers.

*For more information, please visit www.BeverlyHIllsEmploymentLaw.com