Discrimination Caregiver

Discrimination: Caregiver Forms and Services

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Have you been a victim of caregiver discrimination at Amazon?

Do you feel you’ve been the victim of discrimination at Amazon because you’re a caregiver for a child or other family member?

To help you decide whether to make a legal claim against Amazon, here are some things you should know.

Caregivers in the workforce

Although the federal EEO [equal employment opportunity] laws do not prohibit discrimination against caregivers per se, there are circumstances in which discrimination against caregivers might constitute unlawful disparate treatment.

As the US Equal Employment Opportunity Commission (EEOC) notes,

The prohibition against sex discrimination under Title VII has made it easier for women to enter the labor force. Since Congress enacted Title VII, the proportion of women who work outside the home has significantly increased, and women now comprise nearly half of the U.S. labor force. The rise has been most dramatic for mothers of young children, who are almost twice as likely to be employed today as were their counterparts 30 years ago.

Of course, workers’ caregiving responsibilities are not limited to childcare, and include many other forms of caregiving. An increasing proportion of caregiving goes to the elderly, and this trend will likely continue as the Baby Boomer population ages. As with childcare, women are primarily responsible for caring for society’s elderly, including care of parents, in-laws, and spouses.

Additionally,

Caring for individuals with disabilities – including care of adult children, spouses, or parents – is also a common responsibility of workers. According to the most recent U.S. census, nearly a third of families have at least one family member with a disability, and about one in ten families with children under 18 years of age includes a child with a disability.

Thus, as the EEOC notes,

Caring for individuals with disabilities – including care of adult children, spouses, or parents – is also a common responsibility of workers. According to the most recent U.S. census, nearly a third of families have at least one family member with a disability, and about one in ten families with children under 18 years of age includes a child with a disability.

(If you’re pregnant or a new parent, you might want to also read our article on pregnancy discrimination.)

What is sex-based discrimination?

Caregiver discrimination can be a form of sex discrimination. According to the EEOC,

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy.

Both federal and state laws prohibit discrimination on the basis of sex in relation to:

• hiring
• firing
• pay
• job assignments
• promotions
• layoffs
• training
• benefits
• any other term or condition of employment

Is caregiver discrimination illegal?

As the EEOC explains,

Title VII does not prohibit discrimination based solely on parental or other caregiver status, so an employer does not generally violate Title VII’s disparate treatment proscription if, for example, it treats working mothers and working fathers in a similar unfavorable (or favorable) manner as compared to childless workers.

For example, it’s not illegal for Amazon to offer better support for parents and caregivers via its FamilyFlex benefits.

What is “disparate impact”?

Even when an employment practice or policy applies to everyone, regardless of sex, it can be illegal if it has a negative impact on the employment of people of a certain sex and isn’t job-related or important to the operation of a business.

An example of disparate impact is hiring criteria that tend to screen out caregivers, who are disproportionately women.

What are some examples of caregiver discrimination?

As the Chicago Tribune explains, examples of caregiver discrimination include when:

A pregnant employee’s supervisor refuses to let her take a break as her doctor directed. A father who occasionally stays home with his sick child is excluded from meetings and punished for infractions other employees commit without consequences. A mother of young children isn’t considered for promotion. A male employee is fired when he asks for leave to take his elderly parents to the doctor.

With so many caregivers working at home while their children are there because of the pandemic, new caregiver discrimination issues have arisen. As ASIS International reports,

In one instance, a mother who was breastfeeding was told not to turn off her video camera during team meetings to nurse her infant, even though other employees were permitted to turn off their cameras for personal reasons. Another caller with a young infant was the only worker in her group not called back from a furlough; instead, she was told to remain on unemployment. A different individual who had been allowed to work from home before the pandemic to care for a child with a disability was called back to work at the office. When she explained the risk to her immunocompromised daughter’s life, she was fired.

As the EEOC notes, relevant evidence of disparate treatment of female caregivers may include:

• Whether the respondent asked female applicants, but not male applicants, whether they were married or had young children, or about their childcare and other caregiving responsibilities;
• Whether decisionmakers or other officials made stereotypical or derogatory comments about pregnant workers or about working mothers or other female caregivers;
• Whether the respondent began subjecting the charging party or other women to less favorable treatment soon after it became aware that they were pregnant;
• Whether, despite the absence of a decline in work performance, the respondent began subjecting the charging party or other women to less favorable treatment after they assumed caregiving responsibilities;
• Whether female workers without children or other caregiving responsibilities received more favorable treatment than female caregivers based upon stereotypes of mothers or other female caregivers;
• Whether the respondent steered or assigned women with caregiving responsibilities to less prestigious or lower-paid positions;
• Whether male workers with caregiving responsibilities received more favorable treatment than female workers;
• Whether statistical evidence shows disparate treatment against pregnant workers or female caregivers;
• Whether respondent deviated from workplace policy when it took the challenged action;
• Whether the respondent’s asserted reason for the challenged action is credible.

Caregiver Discrimination at Amazon

In one lawsuit against Amazon, the plaintiff alleged that Amazon discriminated against her on the basis of her status as a female caregiver. As a court ruling in the case explained,

Sex-plus discrimination entails “discrimination based on sex plus another facially neutral factor.” … To prevail on a sex-plus claim, the plaintiff must prove that the employer “applied a requirement to one sex but not the other, and then discriminated based on that requirement.”

Winning a caregiver discrimination case

As the Chicago Tribune reports,

over the last decade, the number of what are called “family responsibilities discrimination,” or FRD, cases increased 269 percent, resulting in nearly $500 million paid out in verdicts and settlements.

Per the report: “Employees win 67 percent of the FRD cases that go to trial — a far higher rate than other employment cases — and employees prevail in 52 percent of all FRD cases that are filed.”

What can you do if you experienced caregiver discrimination at Amazon?

If you’re dealing with caregiver discrimination at Amazon, call attorney Cj Rosenbaum at 212-256-1109, text 212-256-8492, or email CJ@AmazonSellersLawyer.com. You can also submit a summary of your situation online .

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Rosenbaum, Famularo & Segall, P.C.

Telephone: 212-256-1109

Email: CJ@AmazonSellersLawyer.com

Address: 138 East Park Ave. Long Beach, NY 11561

Copyright 2021 – Rosenbaum, Famularo & Segall, P.C., the law firm behind Amazon Sellers Lawyer – All Rights Reserved – New York – Shenzhen – Yiwu

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