The Underlying Causes of FRD Lawsuits
Statistics show that Family Responsibilities Discrimination (FRD) lawsuits are on the rise. This means that courts are seeing an increase in lawsuits brought against employers by caregivers. Caregivers include single parents, pregnant women, breastfeeding women, parents of young children, and employees who are taking care of sick children, spouses, relatives or other disabled dependents.
According to an article on FRD published in Working Mother, FRD cases increased 269 percent between the years of 2006 and 2015. This fact is based on a report done by the Center of Worklife Law, a research and advocacy organization at the University of California, Hastings College of Law.
During the past three years, FRD decisions averaged more than 400 decisions, which was an increase over the previous years. Furthermore, this statistic only included cases where courts issued a decision. It did not include all court complaints or charges filed by the EEOC (Equal Employment Opportunity Commission).
Here are some other statistics that employers should also note:
- Women file an estimated 88 percent of FRD cases
- Of these women, about 50 percent received a settlement, judgment or favorable court ruling
Cases that went to trial saw success rates at 67 percent
Why is this significant? Typically, employees lose discrimination cases and their winning cases range between 16 and 33 percent. But, as you see, that is not the recent trend.
Contributing Factors to the Rise in Families Responsibilities Discrimination Cases
Contributing factors to the increase in lawsuits are the following:
- Childcare becoming increasingly expensive
- Families taking on more caregiving themselves
- Stagnating wages
- Cultural shift from #MeToo movement on inequality for women in the workforce
- Employers still basing decisions on 1950’s era models of one household adult (woman) at home
When companies can hang onto employees so they do not have the costs involved with turnover and hiring/training new employees, it is more financially feasible. Keep in mind, employers who can make it known that they support workers who are caregivers may see lower turnover rates.
If you are unsure about whether your company policies are free of FRD, seek legal advice. Our attorneys at Stephen Hans & Associates are glad to advise you.