Family Status Discrimination

Family status discrimination is a term that refers to discrimination against individuals or families based on their family status or composition. Examples of family statuses in which an individual may be discriminated based upon include:

• Their family status of being married or divorced;
• Their family status of being single, in a relationship, or widowed; and/or
• Their family status of having a child or the number of their children.

Family status discrimination may occur in the numerous different areas of an individual’s life, including when they are seeking housing, when seeking or during periods of employment, and when accessing public accommodations.

For instance, a landlord cannot discriminate against a person who is applying for housing based on them having a certain number of children. Family status discrimination is often most prevalent in housing matters.

It is important to note that family status discrimination on the basis of family status is banned by the federal Fair Housing Act (“FHA”). As part of the Civil Rights Act of 1968, The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings. This extends to other housing-related activities, including the dissemination of false information regarding the availability of housing.

If a landlord discriminates against a person based on their family status, they may be found guilty of committing housing discrimination. Housing discrimination is a term that specifically refers to denying a person access to housing because they belong to a protected class, or based on their family status. Importantly, landlords are only allowed to deny housing on the basis of legitimate business reasons.

Examples of legitimate business reasons to deny a person housing include, but may not be limited to:

• The applicant’s credit history;
• The applicant’s work history and income;
• References from past landlords; and
• Past behavior, such as behaviors involving damaging property.

In housing discrimination matters based on family status, discriminatory acts may include 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, and/or refusing to rent to a person who has the written permission of their parent or legal guardian to enter into a housing transaction.

Importantly, discrimination on the basis of family status is not limited to housing, but may also occur in a variety of other settings, including in the context of employment.

Does Family Status Discrimination Apply to Employment Matters?

As mentioned above, family status discrimination may occur in a variety of different contexts, including employment matters. Although the exact definition for what constitutes employment discrimination will vary by state law, in general, employment discrimination occurs when an employee receives unfair treatment or harassment based on a protected characteristic.

Once again, most states, as well as the federal government, have laws and statutes in place that prohibit private employers, organizations, and governments from discriminating against people because of protected characteristics in housing matters. However, there are no federal anti-discrimination laws that provide similar protections in an employment setting based solely on family status.

There are federal laws that do provide anti-discrimination protection when it comes to pregnancy, but there is no other clear federal statute that provides for protections based on family status in an employment context. However, there are various circumstances in which a person may still receive legal protections based on their family status in an employment context, including:

• State Laws: Some states, such as the state of Minnesota, provide specific legal protections for employees who have been discriminated against on the basis of their family status as a parent;
• Case Laws: Some courts within a certain jurisdiction may utilize rulings in previous cases in the jurisdiction which provided protections from discrimination on the basis of family status as precedent for a legal discrimination claim involving family status; and/or
• Federal Employment: There are federal statutes that do provide family status discrimination protection for persons that are employed by the federal government.
  • For instance, the federal Civil Service Reform Act of 1978 (“CSRA”), protects federal government applicants and employees from discrimination in personnel actions based on their marital status, political affiliation, or on conduct which does not adversely affect the performance of the applicant or employee.

Lastly, there may also be legal protections available to employees on the basis of family status through the Equal Employment Opportunity Commission (“EEOC”). For instance, in matters where family status or parental status is linked to discrimination on the basis of sex or processes wherein familial status or parental status is linked with sex or disability discrimination, the employee may have protections through EEOC laws and regulations.

What If I’ve Experienced Discrimination Due to My Family Status?

If you have received unequal or unfair treatment due to your status as a parent, or the number of children you have, you may be entitled to civil relief and legal remedies based on the act of parental status discrimination. This is especially true if the discrimination also involved a protected characteristic, which includes:

• Race;
• National origin;
• Skin color;
• Religion or lack thereof;
• Sex assigned at birth;
• Age;
• Gender presentation and sexual orientation, in some states;
• Disability, whether physical or mental; and/or
• Pregnancy.

As far as the exact processes for recovering for damages related to family status discrimination, that will depend on the context in which the discriminatory act occurred, the severity of the damages related to the discrimination, and whether or not the discrimination is protected by state, federal, or both state and federal laws.

If you have been discriminated against or unlawfully denied housing on the basis of family status, it is important to, within one year of the date that the alleged discrimination occurred, begin by filing a complaint with the Office of Fair Housing and Equal Opportunity (“FHEO”), which is part of the Department of Housing and Urban Development (“HUD”).

The complaint filed with the FHEO should include any facts that prove how the family status discrimination occurred. The complaint will then be reviewed by the HUD and may require a response from the accused party before the FHEO conducts an investigation.

The FHEO will then determine whether there is enough evidence to establish that discrimination did indeed occur and will proceed accordingly by taking action on your behalf against the party responsible for the discrimination.

If you have been discriminated against on the basis of family status at work and wish to pursue legal action, the first step is to consult with your employer, or the human resources department (“HR”). However, if HR ignores your concerns, or no one in the organization is able to address the issue, you may pursue a claim against your employer.

Under federal law, before you are allowed to bring a discrimination or harassment lawsuit against your employer, you are required to first file an administrative charge with the EEOC. The EEOC will then investigate your claim, and, if they find evidence of discrimination, they will pursue the legal claim on your behalf.

Importantly, the discrimination claim must be filed with the EEOC within 180 days of the discriminatory incident. However, if your complaint is also covered by a state or local anti-discrimination law, you have three hundred days.

Should the EEOC not be able to fully resolve your legal claim, such as by filing a lawsuit on your behalf, they will then issue a right to sue letter. Then, you may file a private civil lawsuit against your employer within 90 days of receiving the letter. Once again, all remedies for family status discrimination will depend on each individual case, as well as state and federal laws.

Do I Need a Lawyer for Help with Family Status Discrimination Claims?

As can be seen, family status discrimination may occur in a variety of different contexts. Further, it is often difficult to pursue a discrimination claim due to procedural laws that vary from state to state. As such, if you have been discriminated against on the basis of family status, it is important to consult an experienced discrimination lawyer.

An experienced discrimination lawyer will be a valuable asset in proving discrimination on the basis of family, as well as following the specific procedural requirements and deadlines to pursue your specific claim.

Additionally, an attorney can also help you investigate and pursue any additional remedies that may be available to you outside of the court processes. Finally, an attorney can also help you with filing a private civil lawsuit, and represent you in court, as needed.