New York City Familial Status Discrimination Attorneys

Experienced Support for Family-Related Workplace Discrimination in NYC

Employees and job applicants in New York City can face unfair treatment tied to pregnancy, parenthood, caregiving responsibilities, or marital status. These concerns can arise during hiring, promotion, scheduling, discipline, leave requests, or termination.

At Brown Kwon & Lam, we know that balancing family life and the demands of working every day can be challenging. However, when your employer treats you unfairly because of your familial status, you deserve justice. If you have experienced discrimination in the workplace because of your familial status, you need our New York City familial status discrimination lawyers for guidance

What Is Familial Status Discrimination?

Familial status discrimination (also referred to as marital and parental status discrimination) is unfair workplace treatment because of an employee’s or applicant’s family circumstances. It’s based on an employee’s marital status, or whether they have children or not. Familial status discrimination is not only against married people with children. It can also happen against those who are single or any combination thereof.

Examples of Family-Related Workplace Treatment

Common examples include:

• Being denied employment despite qualifications because of pregnancy or status as an unmarried parent
• Being passed over for a promotion because an employer assumes a parent, caregiver, or married employee won’t work as hard
• Termination after notifying an employer about a pregnancy
• Unequal treatment because of a relationship with a current or former company employee

Other concerns may include termination after using the Family and Medical Leave Act (FMLA) to care for a sick child, unfair treatment after using the Paid Family Leave policy following childbirth, or less scheduling flexibility than comparable employees without children. Comments, timing, performance reviews, schedules, leave requests, emails, and disciplinary records can all be relevant comparative evidence.

New York State Human Rights Law Protections

Under the New York State Human Rights Law (NYSHRL), “The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, is hereby recognized as and declared to be a civil right.”

In addition, NYSHRL offers these protections to any person who is pregnant or has children under the age of 18 to whom they are a caregiver. A caregiver is someone who provides direct and continuous care for minor children or someone who has a disability that lives in the employee’s household.

New York City Human Rights Law Protections

New York City also has legislation protecting employees from discrimination based on familial status. The New York City Human Rights Law offers protections to employees in New York City based upon their marital status and partnership status, as well as pregnancy and lactation accommodations.

Federal law does not offer protections to employees based on marital status unless employed by the federal government. The Civil Service Reform Act of 1978 (CSRA) gives these protections.

Federal Protections & Family Leave Issues

Federal law does not generally provide a standalone employment claim based only on marital or caregiver status outside particular federal employment contexts. However, family-related treatment can implicate federal protections when it is connected to sex, pregnancy, a related medical condition, retaliation, race, disability, or another protected characteristic.

The FMLA may also be relevant when an eligible employee takes qualifying leave to care for a spouse, child, or parent with a serious health condition. FMLA rights depend on employee eligibility, employer coverage, the reason for leave, notice, and other legal requirements.

Legal Precedent in New York City Familial Status Discrimination Cases

Following the ruling in Morse v. Fidessa Corp. (2018), the New York City Human Rights Law was expanded. Now it protects employees whose spouse, a former employee, has taken a job with the company’s competitor. The court concluded that “marital status” does not only include an employee’s status as married or not married. It also includes an individual’s marital status with respect to a particular person.

Further, the ruling finds that for employers who have anti-nepotism policies, an employee’s relationship with an individual who works for a competitor cannot be the reason for an employee’s termination.

Evaluating Familial Status Discrimination Claims in New York City

If you believe an employer acted because of your family circumstances, we can assess the facts, identify the legal protections that may apply, and explain options aligned with your circumstances and goals.

Preserve emails, text messages, schedules, performance reviews, leave records, personnel documents, witness information, and notes about discriminatory comments or timing. Potential employment discrimination remedies can include lost wages, compensation for emotional harm, reinstatement, policy changes, attorney fees, or other relief depending on the law, forum, and facts. Administrative and court deadlines can differ, so it is important to obtain legal guidance promptly.

Our attorneys bring prior federal and state court experience, training from institutions such as Cornell University, and a record of millions in recoveries and favorable judgments across complex employment disputes. We remain involved from the first meeting through resolution, whether a case proceeds through mediation, arbitration, or trial.

Speak with Us About Your NYC Familial Status Discrimination in the Workplace

We can review the employment decision, identify which legal protections may apply, and assess the available evidence and deadlines. You’ll communicate directly with the familial status discrimination lawyer in New York City handling your case from the consultation through resolution.

Contact us today or call (212) 295-5828 for a free consultation about New York City familial status discrimination or a related workplace concern.