Can I Be Treated Differently at Work Because I’m a Caregiver?

Balancing a career with family responsibilities is challenging enough without having to worry that your employer will hold those responsibilities against you. Whether you are raising young children, caring for an elderly parent, or supporting a family member with a disability, your responsibilities outside the workplace should not become a reason to limit your professional opportunities.

Unfortunately, caregiver discrimination is quite prevalent in the modern workplace. For example, employees may be overlooked for promotions, excluded from important assignments, subjected to unfair scheduling decisions, or viewed as less committed simply because they have responsibilities at home.

If you believe your employer is treating you unfairly because you are a caregiver, understanding your rights is an important first step.

What Is Caregiver Discrimination?

Caregiver discrimination occurs when an employer treats an employee or job applicant unfairly due to their responsibilities caring for another person.

This may include caring for:

• A child, including a young child or teenager.
• An elderly parent or other aging relative.
• A spouse or domestic partner with a disability.
• A family member who requires ongoing medical care or assistance with daily activities.
• Another qualifying individual with a disability who depends on the employee for care.

It is important to note that caregiver discrimination does not always involve an outright termination or an openly hostile comment. It may develop through seemingly ordinary workplace decisions that consistently disadvantage employees with caregiving responsibilities.

For example, a manager might assume that an employee with young children cannot travel for work, is unwilling to work on important projects, or will eventually prioritize family over career advancement. Even if these assumptions are presented as business judgments, they may constitute unlawful discrimination when they influence employment decisions because of a protected characteristic.

Is This Type of Discrimination Illegal in New York?

Yes. New York has protections that address discrimination against employees because of their family and caregiving responsibilities.

However, it is important to understand the differences between state and city law.

New York State Human Rights Law: Familial Status Discrimination

The New York State Human Rights Law, under New York Executive Law § 296(1)(a), prohibits employers from discriminating against employees because of protected characteristics, including familial status.

Under New York Executive Law § 292(26), familial status generally includes individuals who are pregnant or have one or more child under the age of 18 living with them.

This protection means that employers covered by the law cannot make employment decisions against workers because they are pregnant or have children.

For example, an employer generally cannot:

• Refuse to promote an otherwise qualified employee because they have young children.
• Assume a parent will be less dependable than an employee without children.
• Terminate an employee because they are pregnant or have family responsibilities.
• Deny professional opportunities based on stereotypes about working parents.

The NYSHRL generally applies to employers with four or more employees, subject to statutory exceptions and specific provisions.

While the state law’s familial status definition is focused on pregnancy and children, employees caring for elderly relatives or family members with disabilities may have additional protections under other applicable laws, particularly the NYC Human Rights Law.

NYC Human Rights Law: Broader Caregiver Status Protections

For employees working in New York City, the NYCHRL provides an additional and particularly important layer of protection.

The law expressly prohibits employment discrimination based on actual or perceived caregiver status.

Its protections cover individuals who provide direct and ongoing care to a minor child or a qualifying care recipient with a disability.

A qualifying care recipient generally must be a covered relative or someone living in the caregiver’s household who relies on the caregiver for medical care or assistance with daily living.

Covered relatives include children, spouses, domestic partners, parents, siblings, grandparents, grandchildren, and certain relatives by marriage. This means that caregiver discrimination protections in New York City extend beyond traditional parental responsibilities.

For example, an employee who regularly assists an elderly parent with a disability, or an employee caring for a spouse who needs assistance with everyday activities, may be protected. 

Under the NYCHRL, employers generally cannot refuse to hire, terminate, demote, or otherwise disadvantage an employee because of their caregiver status.

The law generally applies to employers with four or more employees and employers with at least one domestic worker, subject to its coverage provisions.

The important distinction: New York State law protects familial status, while New York City’s law expressly protects qualifying caregiver status. Together, these protections can provide meaningful remedies for employees experiencing family responsibilities discrimination.

Common Examples of Caregiver Discrimination in the Workplace

Caregiver discrimination is not always obvious. Employers rarely announce that they are denying someone an opportunity because that person has children or cares for an aging relative.

Instead, discrimination often appears through patterns of workplace decisions and assumptions.

Some common examples include:

Being Passed Over for Promotions

An employee may be qualified for a promotion but repeatedly overlooked because management believes their family responsibilities will interfere with a more demanding position.

For example, a supervisor might assume that a mother with young children cannot handle a leadership role requiring additional responsibility.

If an otherwise qualified employee is denied advancement because of protected caregiver or familial status, the decision may constitute unlawful discrimination.

Losing Access to High-Profile Assignments

Employers may sometimes exclude caregivers from essential career opportunities such as important projects, client relationships, business travel, and leadership based on assumptions about their availability or capacity.

For example, an employer might decide not to assign a major client to an employee because management assumes they cannot travel due to childcare responsibilities. The employee may never be consulted about their availability or willingness to take on the assignment, and these decisions can create an unfair professional disadvantage.

Assumptions About Commitment and Reliability

One of the most common forms of family responsibilities discrimination involves assumptions that caregivers are less dedicated employees.

Comments such as the following may raise concerns:

• “You probably don’t want a job with that much responsibility now that you have children.”
• “We need someone who can put work first.”
• “You have too many responsibilities outside the office.”
• “This position is probably not realistic for someone in your situation.”

An employer cannot simply assume that an employee’s caregiving responsibilities make them less capable or committed.

Schedule Penalties and Unequal Treatment

Employees with caregiving responsibilities may experience unfair treatment involving work schedules, shift assignments, or attendance policies.

For example, a manager might consistently assign less desirable shifts to an employee because they know the employee has children or regularly cares for a disabled relative.

It is important to distinguish discrimination from an employer’s legitimate scheduling decisions. Caregiver status does not automatically create a right to a particular schedule or flexible working arrangements.

However, when scheduling decisions are motivated by protected status or are applied unfairly because someone is a caregiver, they may support a discrimination claim.

Comments About “Divided Loyalties”

Some employees are made to feel that having family responsibilities means they are not fully committed to their careers. Employers may suggest that caregivers have divided loyalties or cannot be trusted with important responsibilities. These comments can be particularly significant when they accompany decisions involving promotions, compensation, performance evaluations, or job assignments.

The context, frequency, and connection to adverse employment decisions all matter when evaluating a potential claim.

How Caregiver Discrimination Overlaps With Sex Discrimination

Caregiver discrimination frequently overlaps with sex discrimination, particularly for working mothers. Although caregiving responsibilities are not exclusive to women, traditional gender stereotypes continue to influence workplace expectations.

Women may be perceived as the primary caregivers in their households. As a result, employers may assume that mothers are less available, less ambitious, or less interested in professional advancement than fathers or employees without children. This unequal treatment may support a sex discrimination claim under Title VII of the Civil Rights Act of 1964 or the New York State and City Human Rights Laws.

The same concerns can arise when an employer penalizes a woman for becoming pregnant, returning from maternity leave, or having additional children.

Importantly, fathers and other caregivers can also experience discrimination. The central issue is whether an employer is making employment decisions based on unlawful stereotypes or protected characteristics.

Associational Disability Discrimination: When You Care for Someone With a Disability

Another important legal protection involves associational disability discrimination.

Under the Americans with Disabilities Act (ADA), employers generally cannot discriminate against qualified employees because of their known association with an individual who has a disability.

For example, an employer may violate the ADA if they refuse to promote an employee because management assumes that the employee will frequently miss work to care for a child with a disability.

Similarly, an employer cannot make adverse employment decisions based on unfounded assumptions about the cost, inconvenience, or potential absences associated with an employee’s relationship with a disabled family member.

However, the ADA’s associational protection is not a general entitlement to workplace accommodations for employees caring for someone else. It prohibits discrimination based on the association; it does not generally require employers to provide accommodations to caregivers themselves.

Depending on the circumstances, an employee may therefore have claims involving caregiver status, familial status, sex discrimination, and associational disability discrimination.

What Should You Document If You Suspect Discrimination?

If you believe your employer is treating you differently because of your caregiving responsibilities, preserving evidence can be essential.

Discrimination claims often depend on demonstrating a connection between your family responsibilities and the employer’s decisions.

Consider documenting:

• Comments made by supervisors or coworkers. Record statements suggesting that your children, family obligations, or caregiving responsibilities make you less suitable for a position.
• Promotion and assignment decisions. Keep records of opportunities you applied for or were considered for, including who received them and any explanations management provided.
• Changes in your employment conditions. Document changes to your schedule, responsibilities, compensation, performance reviews, or professional opportunities.
• Comparisons with other employees. Note whether employees without similar caregiving responsibilities received more favorable treatment under comparable circumstances.
• Written communications. Preserve relevant emails, text messages, performance reviews, meeting invitations, and other communications that may demonstrate discriminatory treatment.
• Complaints and employer responses. Keep records of any internal complaints, reports to human resources, and management responses.

Maintain a contemporaneous timeline of events whenever possible. Keep copies of records you are legally permitted to retain, and avoid taking confidential company information or privileged materials.

You should also be careful about signing separation agreements, releases, or other documents without first understanding their legal consequences.

Can You Be Retaliated Against for Reporting Caregiver Discrimination?

Employees should not have to choose between protecting their careers and speaking up about unlawful workplace discrimination.

New York State and City laws prohibit retaliation against employees who oppose unlawful discrimination, file complaints, or participate in protected investigations or proceedings. Retaliation may include termination, demotion, reduced responsibilities, unfavorable scheduling, or other adverse treatment connected to protected activity.

Frequently Asked Questions About Caregiver Discrimination

1. Can my employer ask whether I have children during a job interview?

Employers are generally not prohibited from asking every question about family circumstances in every context. However, questions about children and family responsibilities can raise discrimination concerns, particularly when used to make hiring decisions based on protected familial or caregiver status. An employer cannot use such information as a basis for unlawful discrimination.

2. Does caregiver discrimination apply to part-time employees?

Yes. The relevant protections are not limited to full-time employees. Part-time workers may also be protected against discrimination based on familial status or qualifying caregiver status.

3. Can an employer discriminate against me because I am a single parent?

An employer cannot use protected familial status or caregiver status as a basis for unlawful employment discrimination. Being a single parent does not eliminate your protections. The NYC Human Rights Law specifically recognizes that single parents can be protected caregivers.

4. Can I bring a claim if I have not been fired or demoted?

Potentially, yes. Discrimination can involve decisions affecting compensation, assignments, professional opportunities, and other employment conditions. You do not necessarily need to lose your job to have a viable discrimination claim.

5. What if my employer says the decision was based on business needs?

An employer may make legitimate business decisions, but it cannot use business needs as a pretext for unlawful discrimination. Evidence showing inconsistent explanations, discriminatory comments, or different treatment of comparable employees may be relevant when challenging the employer’s explanation.

6. Can I file a caregiver discrimination complaint if I still work for the company?

Yes. You do not need to resign or be terminated before reporting suspected discrimination. 

7. Can I have more than one legal claim for the same conduct?

Yes. Depending on the facts, the same workplace conduct may support claims under the NYSHRL, NYCHRL, Title VII, or the ADA. An employment attorney can evaluate which claims are available and whether they can appropriately be pursued together.

Call a New York Employment Law Attorney Now

Having family responsibilities should not mean sacrificing your career. If your employer is overlooking your qualifications, restricting your opportunities, or treating you unfairly because you care for a child or family member, you may have legal rights under New York law. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.