WorkLife Law Blog

WorkLife Law aims to end Family Responsibilities Discrimination, which is employment discrimination against workers who have family caregiving obligations. It includes discrimination against parents of young children, pregnant women, and workers who have aging or sick parents, spouses, or partners.

Wednesday, July 18, 2007


ABA Teleconference on FRD

The ABA held a teleconference today about Family Responsibilities Discrimination (if you missed the program and want to order a recording, you can click here: EEO WorkLife Initiatives: Family Responsibilities Discrimination). The program covered why FRD is such a hot issue in employment law right now, how the claims arise and how they are litigated, the recent EEOC enforcement guidance, statutes and causes of action commonly used by FRD plaintiffs, key cases, compliance and prevention, and litigation tips.

Many thanks to Carolyn Lerner of Heller, Huron, Chertkof, Lerner, Simon & Salzman for moderating, to Margaret Murray of the Law Offices of Margaret E. Murray in San Francisco for providing the management perspective, and Cynthia Calvert of the Center for WorkLife Law for discussing the plaintiff's perspective.

Many thanks, too, to the many participants in the audience. For the benefit of the audience, here are citations to some of the cases mentioned during the teleconference:

Back v. Hastings on Hudson, 365 F.3d 107 (2d Cir. 2004) (stereotyping is gender discrimination).

Knussman v. Maryland, 16 F. Supp. 2d 601 (D. Md. 1998), motion for new trial granted in part, denied in part by, 65 F. Supp. 2d 353 (D. Md. 1999); award vacated & remanded, 272 F.3d 655 (4th Cir. 2001).

Schultz v. Advocate Health and Hospitals Corp., No. 01 C 0702 (N.D. Ill. 2002) (FMLA, $11.65 million verdict).

Trezza v. Hartford, Inc., 1998 U.S. Dist. LEXIS 20206, 78 Fair Empl. Prac. 1826 (S.D.N.Y. 1998).

O’Neal v. Tyson Foods, Inc., 2004 U.S. Dist. LEXIS 30305 (N.D. Ala. 2004) (employer wins PDA/ADA case).

Detels v. Farmers Insurance Exchange, 2002 Cal. App. Unpub. LEXIS 11942 (Ct. App. Cal. 4th 2002) (employer wins CFRA case).

Additional information about FRD can be found at WorkLife Law's web site.

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