Employers and employees increasingly find themselves in disputes related to their employees’ needs to handle family responsibilities. For example, during the Covid-19 pandemic, many schools were closed. Students had to attend school via computer from their homes.
Parents had to stay home to care for and supervise their children. Fortunately, many businesses turned to remote work at the same time. But to the extent that businesses did not accommodate the need of parents to stay home, there were problems.
A number of different types of discrimination may qualify as family status discrimination. A person may be discriminated against because of their marital status – whether they are married or not married. Most often family status discrimination is discrimination in employment based on an employee’s responsibilities with respect to their family members.
These responsibilities may be caring for disabled or elderly family members or caring for children. Employers may discriminate against employees with families by denying them employment or promotions, through harassment, or lower pay. They may terminate a worker altogether because of their family responsibilities.
But family status discrimination is not a problem in workplaces only. It is also quite prevalent in housing. Fortunately, discrimination on the basis of family status is banned by the federal Fair Housing Act. In housing, discrimination on the basis of family status may include the following:
- Refusing to rent housing to families with children under the age of 18;
- Refusing to sell or rent to people who are pregnant;
- Refusing to sell or rent to a person who is seeking legal custody of a minor child;
- Refusing to rent to a person who has the written permission of their parent or legal guardian to enter into a housing transaction.
Examples of marital status discrimination in employment include:
- Denying some employment benefits that are available to married employees to single employees;
- Not hiring a person because of their spouse;
- Firing an employee because they got married.
Family status discrimination in employment should be differentiated from discrimination on the basis of pregnancy status. The federal Equal Employment Opportunities Commission (EEOC) is responsible for enforcing federal law banning several types of discrimination, including discrimination on the basis of pregnancy status.
However, family status discrimination, including discrimination on the basis of marital status, familial status, parental status and caregiver status, is not expressly prohibited by federal law. State and local laws, however, may address the issue.
How Prevalent is Family Status Discrimination?
In the housing context, family status discrimination is the second most common type of fair housing complaint. This may be, in part, because family status discrimination might be difficult for landlords and others involved in the housing market to recognize and avoid.
In the employment context, it is more difficult to assess how widespread family status discrimination might be. In part, this is because there is no federal law that explicitly prohibits family status discrimination, so statistics and cases are not collected by any central government agency.
How Can I Recognize Family Status Discrimination?
One example of family status discrimination in housing involves rules regarding potential safety issues on property that may constitute discrimination. A community swimming pool in a community governed by a homeowners’ association (HOA) may state that only children over the age of 16 may use the pool.
Children under the age of 16 may be required to be accompanied by a parent or guardian. This may be discrimination on the basis of family status. It disadvantages families with children.
A non-discriminatory rule would state the people who have demonstrated their ability to swim may use the pool. This rule would also better serve the goal of pool safety.
Another common violation of the prohibition against family status discrimination in housing is limiting the number of people who may occupy a dwelling. This is a hot issue given the chronic housing shortage in the U.S. and high cost of housing. Many rental properties limit occupancy to two people per bedroom. This may be discrimination.
Other factors must be taken into account in determining occupancy limits, e.g. the square footage of the rooms, the total square footage of the unit and other factors as well.
Another common form of housing discrimination is refusing to rent to families with children or limiting the number of children a family can have residing in their unit. While it is possible to limit the number of occupants of a rental unit, any limitations must be carefully considered and justified by legitimate considerations, such as fire safety. Simply banning children altogether or limiting tenants to families with only 1 or 2 children is blatant discrimination.
Are There Any Legal Protections Against Family Status Discrimination?
As noted above, the prohibition of discrimination in employment in the federal Civil Rights Act does not specifically prohibit family-based discrimination. Other federal laws might protect employees in situations that constitute family-status discrimination, e.g. Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act and ERISA.
In addition, some states have laws that apply to family-status discrimination and federal employees may be protected. For example:
- Alaska: Alaska has a law that bans discrimination on the basis of parenthood;
- Washington, D.C.: In Washington, D.C. the city’s Human Rights Act bans discrimination in employment based on “family responsibilities.” Some other cities and counties have similar laws, e.g. Cook County, Illinois, Milwaukee, Wisconsin and Tampa, Florida;
- Federal Employees: A federal Executive Order bans discrimination in employment against federal employees on the basis of an employee’s status as a parent;
- Connecticut: Connecticut law prohibits employers from seeking information from applicants or existing employees about their family obligations.
- California: California law protects parents and caregivers from discrimination for missing up to 40 hours of work annually to devote to child-rearing activities such as locating a school and enrolling a child; participating in school-related activities, or dealing with a school emergency.
What Is a Real-Life Example of Family Status Discrimination?
An example of family status discrimination in employment from real life would be that of a young female graduate seeking a job in marketing for a PR firm. She lands an interview and is asked how many children she has in the interview, presumably because she is wearing a wedding ring. She answers that she has no children at present but plans to start a family once the careers of she and her husband are firmly established.
The interviewer tells the woman that the job is very demanding and might be incompatible with child-rearing. The woman may explain that she would share responsibilities with her husband.
The interviewer does not respond but later mentions to a co-worker that men are not reliable caregivers, and he explained to the young applicant that the duties of a marketing assistant are not compatible with family life. He stated that he was concerned about hiring a young married woman who might have children, which would be incompatible with working in their enterprise.
After the woman files a complaint of gender bias, the EEOC investigator discovers that the employer reposted the position after not hiring the young woman. When questioned, the employer said that the applicants did not have the experience they sought, but the investigator shows that the young woman’s experience was perfectly adequate.
The investigator could conclude that the young woman was rejected on the basis of gender-based stereotypes in violation of the federal Civil Rights Act.
Are There Laws that Prohibit Family Status Discrimination?
As noted above, under the federal Fair Housing Act discrimination in the sale and rental of housing is prohibited. Discrimination in housing on the basis of race, color, national origin, religion, gender, including gender identity and sexual orientation, familial status, and disability is expressly prohibited.
The situation is more complicated for family status discrimination in employment. As noted above, there is an Executive Order for federal employees, but no federal law that covers all workers in the U.S. Some states and localities prohibit discrimination in employment based on family status but they are quite limited. The characteristics that are protected are parental status and taking time off for child-rearing activities.
What Are Some of the Consequences of Family Status Discrimination?
Finding adequate and affordable housing can be a challenge for families with children. Family status discrimination can make it even more difficult. Sadly, statistics show that it is a common form of discrimination in housing.
Family status discrimination in employment deprives people of equal opportunity in their places of employment. It is the kind of treatment that makes the benefits of our society unavailable to everyone on an equal basis.
Where Can I Report My Experience of Family Status Discrimination?
The federal Department of Housing and Urban Development (HUD) has an Office of Fair Housing and Equal Opportunity (FHEO). This office tries to eliminate discrimination in housing on the basis of family status and other characteristics, e.g. race, age, and gender.
The FHEO is the federal agency that is tasked with enforcing federal fair housing laws. It can investigate complaints from citizens of their experiences of discrimination in housing.
A person who believes that they have suffered family status discrimination in housing in violation of federal fair housing laws, may file a complaint with FHEO.
A person who believes they have suffered family status discrimination at work would file a complaint with the EEOC. It is possible that an EEOC investigator would be able to classify family status discrimination as discrimination on the basis of other characteristics, e.g. gender or disability. Of course, state and local departments of labor would also receive reports and may be able to provide a remedy.
How Can Employers Avoid Family Status Discrimination?
An employer would do well to avoid discussing family status with job applicants. With existing employees, an employer might want to adopt a policy that allows employees to take a reasonable amount of time off work to care for family members, including elderly members, those who are disabled or others who may require extra care, and for child-rearing as well.
An employer might not want to limit sick leave to personal illness or illness in the family but rather make it so that leave time is more broadly available for other reasons related to family status.
Policies that accommodate the fact that people have families and families demand care of all kinds would no doubt be welcome by all workers in their places of employment.
Do I Need the Help of a Lawyer for My Family Status Discrimination Issue?
If you have experienced family status discrimination in your workplace or in the marketplace for housing, you want to consult a family lawyer. Your lawyer can review the facts of your case and direct you to the local, state or federal agency with which you may file a claim. Or, your lawyer may know whether a lawsuit in a civil court could offer you a remedy.
LegalMatch.com can connect you to a civil rights lawyer who can help you find a remedy for the family status discrimination you have experienced.
