Family Responsibilities Discrimination??

Yet another acronym to add to the alphabet soup of Human Resource compliance. FRD stands for Family Responsibilities Discrimination and it is a very hot topic.

"During the past decade, the courts have seen a significant increase in FRD claims, from 97 cases in 1996 to 481 in 2005, according to a University of California Hastings College of the Law study. And FRD cases -- won by plaintiffs more than 50 percent of the time, according to the study -- have yielded several multimillion-dollar verdicts and settlements."

One such verdict yielded $750,000 in damages and $10 million in punitive to be paid to a man whose termination was found in violation. In addition, his supervisors were found personally liable and ordered to pay $450,000 each.

The EEOC recently issued new guidance in the matter. Although the EEOC has not made caregivers a new protected class they do recognize them as covered under applicable laws such as Title VII, ADA, and FMLA.

One of the things that makes suits under FRD so difficult to avoid is that almost everyone has some type of family responsibilities. Whether a man or a woman, most of us are responsible for someone; an elderly parent, children, or a spouse. However, there are steps you can take to protect yourself from litigation...

--Review your policies, especially those regarding hiring and promotion.
-- Train your supervisors. We often chit-chat at work about our personal lives, be careful to NOT ask employees about care giving responsibilities or make any decisions based on employee's family responsibilities. Something as innocent as not asking a certain employee to work over-time because you know that they will need to get child care is discriminatory!
--Do Not Stereotype. Just because you feel that a mother of young children would not be interested in a position that requires 95% travel does not mean that she is not interested. Offer opportunities to everyone equally and let them decide if it is right for them.
-- Be careful with performance evaluations. Check that performance measures are not affected by care giving responsibilities.

If you have had any experience with an FRD case, or have further suggestions please post them!