In California, family status discrimination refers broadly to unfair treatment in the workplace based on an employee’s family relationships, caregiving responsibilities, or marital situation. While “family status” is not always defined as a standalone protected category in employment law, California’s Fair Employment and Housing Act (FEHA) and related protections work together to shield employees from discrimination tied to their family roles. If you have been discrimination against for your family status in California, call our trusted discrimination attorneys in Los Angeles for a free consultation at (310) 499-0140.
What Is Family Status Discrimination?
Family status discrimination occurs when an employer makes adverse employment decisions; such as hiring, firing, promoting, disciplining, or denying benefits—based on assumptions about an employee’s family life rather than job performance. In some states, laws specifically prohibit “family responsibilities” discrimination, which targets workers who care for children, disabled family members, or aging parents. In California, while caregiver status itself is not explicitly labeled a standalone protected class, federal and state protections often overlap to cover these situations.
Common Types of Family Status Discrimination
Typical scenarios of family status discrimination include:
- Denying promotions or favorable assignments because an employee has childcare responsibilities.
- Denying flexible work arrangements that are reasonable and related to family needs.
- Taking adverse actions after an employee requests leave to care for a family member.
These actions often intersect with other protected categories—such as gender, marital status, disability, and pregnancy discrimination—making the legal framework broader than a single label.
FEHA Protections Related to Family Status
FEHA remains the foundation for most discrimination claims. This law prohibits discrimination based on numerous protected characteristics, including marital status, sex (including pregnancy and related conditions), disability, medical condition, and gender. Marital status is expressly included as a protected class under FEHA, meaning an employer may not discriminate against you based on whether you are married, single, divorced, widowed, or otherwise have a particular family relationship. Marital status protections cover a range of family-related circumstances, such as:
- Termination because of plans to marry or divorce.
- Denial of benefits to employees who are unmarried or in non-traditional partnerships.
- Different treatment of employees with families versus without families.
Additionally, FEHA’s pregnancy protections require employers to provide reasonable accommodations to employees with pregnancy-related conditions, which often intersect with family caregiving needs.
Caregiving and Family Responsibilities
Though California law does not yet list “caregiver status” or “family responsibilities” as separate protected classes, courts and agencies often interpret existing protections to address discrimination against workers with caregiving obligations. Employers may not rely on assumptions—such as believing that parents (particularly mothers) are less committed or that employees with eldercare duties are less reliable—when making employment decisions.
How Employers Must Treat Requests Related to Family Obligations
In addition to anti-discrimination provisions, California laws often require employers to provide leave or accommodations related to family responsibilities:
- The California Family Rights Act (CFRA) provides eligible employees with job-protected leave to bond with a new child or care for a family member with a serious health condition.
- Pregnancy disability leave and reasonable accommodations are required under FEHA and related state law for pregnancy-related conditions.
Employers must engage in a good-faith interactive process to determine appropriate accommodations or scheduling adjustments when family obligations intersect with disabilities or medical conditions.
Filing a Claim and Remedies
Employees who believe they have experienced family status discrimination may file a complaint with the California Civil Rights Department (CRD) or pursue a lawsuit in state court. Remedies under FEHA and related laws may include:
- Back pay and front pay
- Reinstatement
- Compensation for emotional distress
- Attorney’s fees and costs
These claims often rely on extensive documentation of adverse actions, family status inquiries, and patterns of unfavorable treatment. An FMLA retaliation lawyer in Los Angeles can guide you through the process of filing a claim.
Contact Us
Speak with a trusted Los Angeles employment law attorney at YMS LLP to evaluate your situation and understand your rights. Contact us today online or by calling (310) 919-0091 to schedule a free and confidential consultation.