Caregiver Discrimination, Part II

Last week we wrote about why understanding Caregiver Discrimination is so important.  This week, we’ll give some examples of how this discrimination takes place.

In part, the EEOC Enforcement Guidance sets forth the following instances which may be considered discrimination:

• Treating male caregivers more favorably than female caregivers
• Reassigning a new mother based on an assumption that she will not be as committed to her job
• Lowering subjective evaluations of an employee’s performance based on the fact that they have recently become caregivers (even when their performance hasn’t declined)
• Assumptions about pregnant workers
• Discrimination against male caregivers
• Refusing to hire a worker who is a single parent of a child with a disability based on the assumption that caregiving responsibilities will make the worker unreliable

You can find more examples and explanations at the EEOC website.

How can Hippo & Fleming Law Offices help?

Let our staff consult with you one-on-one or provide training for you and your management team.  We can provide a customized session for your business, and help you resolve real issues.  Contact our office today for more information!

Why you should care about Caregiver Discrimination

The EEOC recently set forth enforcement guidelines regarding Caregiver Discrimination (or Family Responsibility Discrimination).  Although caregiver status is not specifically a protected class under Title VII, more and more employees are suing their employers for discriminating against them for their caregiving responsibilities at home by using other statues, such as the Pregnancy Discrimination Act, Americans with Disabilities Act, and the FMLA.

While the EEOC makes it clear that caregiver status (caregiving responsibilities for  children and/or parents) in itself isn’t protected, it provides plenty of examples where employers can violate other established laws.

 Why should you care?  According to a University of California Hastings College of the Law study, the courts have seen an increase in caregiver discrimination claims – from 97 in 1996 to 481 in 2005.  Several of these cases have produced multi-million dollar settlements for the claimants.  The largest single verdict – an $11.65 million award – went to a man who charged that he was retaliated against for taking time off under the FMLA to care for his aging parents. [Schultz v. Advocate Health, No. 01C-0702 (N.D. Ill. June 5, 2002)]. The case settled for an undisclosed amount in 2003. 

There are currently more than 100 caregiver discrimination lawsuits pending nationwide. 

source: Law.com

Liability’s Long Reach

You want your employees to be as productive as possible, and if you have employees who travel for business, the easiest way to do that might be to suggest they get wireless phones or even provide phones as part of employment.

Before allowing employees to do business by phone, make sure that you have a stong cell phone use policy in place and that every employee is aware of the policy.  As the use of cell phones continues to increase, so too does the number of accidents caused by using a cell phone while driving, and if your employee causes an accident while using a cell phone for business, the company can be held liable for damages.  In one Pennsylvania case, an employer paid damages to a family of a motorcyclist who was killed when the company’s employee dropped his cell phone while driving, bent down to pick it up, and ran a red light.  Even though the company didn’t own the cell phone, didn’t own the car, and the call was made during traditional non-work hours (9:30 on a Saturday night), the family of the victim argued that because the call was work related the company had indeed contributed to the accident.

What should be included in your Cell Phone Use policy?  At the very least, your policy should include a mandate that employees pull off of the road in a safe area before they use their phone.  You may also consider requiring employees to use a hands-free device.  Keep in mind, too, that while Pennsylvania doesn’t yet have a state law covering cell phone use while driving, several PA cities and municipalities do have their own regulations, and your employees must observe the posted cell phone regulations in the cities through which they travel.

How can Hippo &  Fleming help?

• Our staff can review your existing policies and procedures as well as consult with you if you are just in the planning stages of a Cell Phone Use policy.  Contact our office for more information.