Being subjected to adverse employment action because of family responsibilities can be devastating.  In Chicago, a local ordinance expressly prohibits family responsibility and/or parental discrimination by employers.  There is also recent federal case law which disallows negative treatment in connection with stereotypes of working mothers, pregnancy and family responsibility.  For Chicago employees, parental discrimination may be most properly addressed under the local ordinance.  However, for employees across the United States, claims may be most appropriately brought under pregnancy and/or gender local, state or federal laws.

Comments by employers stating or insinuating that a female employee may be better off or happier at home with her children could be considered discriminatory.  Even if parental responsibilities are not directly articulated as a motivating reason for employment termination, comments made at the time of firing relating to stereotypical views of working mothers could be considered evidence of an illegal reason for termination.

Regarding male employees, employers should hesitate to operate under the stereotype that a woman is the sole center of home and family life.  Men, as well as women, are allowed to take leave under the Family Medical Leave Act to care for children and other family members.  Employers who refuse leave or discourage it may be in violation of the Family Medical Leave Act and could be deeply scrutinized and/or sanctioned by administrative agencies or courts.  If an employer decides to use its judgment to decide when and how working mothers or fathers should stay at home and expresses these views in the workplace, courts may find that such comments are evidence of discrimination.  Comments expressing discriminatory attitudes towards working mothers have been increasingly viewed as discriminatory.  If you have experienced such comments or treatment, it may be a good idea to consult with an attorney immediately to review any potential claims of discrimination.

Employer stereotypes regarding family responsibilities and attitudes that these responsibilities interfere with an employee's work performance do not sit well with modern courts and juries.  The U.S. Equal Opportunity Commission and other administrative agencies have issued guidelines within the last five years addressing different treatment of employees who are parents and caregivers.  Courts give such guidelines much consideration when deciding pregnancy discrimination claims.  Although it is not yet considered an individual claim under federal law, parental discrimination is beginning to be heavily discussed by judges and courts have begun to address stereotypes that harm parents in the workforce.  In Chicago, parental discrimination is a claim that can be pursued with the City of Chicago Commission on Human Rights.  If you are a working parent and live and work in Chicago, you should be aware of your rights as a parent in the workplace.  For all other employees, comments and actions regarding your parental or caregiver status may influence and/or be a factor in the outcome of a pregnancy or gender discrimination claim or Family Medical Leave Act retaliation claim.