With the changing dynamic of the American family, more and more workers are faced with family responsibilities that require time off from work or a flexible work schedule. The Family Medical Leave Act is the federal law that allows employees to take time off to care for their own serious medical condition or to care for a seriously ill family member. However, the FMLA does not provide protection in all situations when an employee needs time away from work or flexible work arrangements which is why it is important to collaborate with experienced counsel when facing this type of an issue.
Our firm represents employees that have been discriminated against by employers as a result of pregnancy, childbirth and related conditions, and family responsibilities. The victims of this type of discrimination could be male or female. Often, this type of discrimination is subtle and requires a comprehensive analysis of all the facts.
The following scenarios present fact patterns that could be consistent with unlawful discrimination:
Scenario 1: John, who is not covered by the FMLA, asks his employer for time off to take care of his ill child. The employer denies the requests but has a history of approving such requests from female employees.
Scenario 2: Jennifer who has worked for ACME Corp. for two years applies for a promotion. In the interview for the new job, she is asked about some past episodes where she took time off to care for her disabled child. The interviewer voices concerns he has about her commitment to the job since she has an ill child to care for. Jennifer is not promoted but instead, Veronica, who does not have children, is promoted.