Were You Denied a Job or Promotion Because of Your Family Responsibilities?
Everyone has certain family responsibilities that they must take care of in addition to work. But for families battling serious illness or disability, those responsibilities may be even larger. Parents of young children may also have larger family responsibilities than other workers. But the simple fact that you provide care for your relatives should not bar you from success at work. A good employer will work with you to create a schedule that allows you to attend to your family responsibilities while completing the essential functions of your job.
Unfortunately, however, some employers use a person’s family responsibilities against them. If you were recently denied a job or promotion because of your role as a care provider for others, an attorney may be able to help.
The Family Medical Leave Act and Your Rights
There are many laws in place that help protect the rights of employees to care for their families. In many cases, denying you a promotion or job on the basis of your family responsibility may be illegal. An experienced attorney can listen to your story and help you determine whether your employer or potential employer broke the law. If they did, you may be entitled to a financial settlement, promotion, or a new job.
The Family & Medical Leave Act is one law that helps protect you as a caregiver. Under the FMLA, you are entitled to 12 weeks of leave for major family health events, including the birth or adoption of a child and the need to care for a spouse, child, or parent with a serious health condition. Your employer cannot hold your FMLA leave against you during consideration for a promotion.
Other protections at the state and federal level may prevent your employer or potential employer from taking action against you. An attorney can help you explore your options.
Results may vary depending on your particular facts and legal circumstances.