Family Responsibility

& Caregiver Discrimination

​

The Barton Law Firm sues employers who discriminate against people who become parents or take time from work to care for their families. 

​

​

Here are legal citations and information you might find helpful:

​

There are two ways to discriminate: by disparate treatment and by disparate impact. Disparate treatment occurs when an employer treats an employee who belongs to a protected class less favorably than other employees. Disparate impact occurs when an employer has a neutral employment practice that falls more harshly on members of a protected class.

 

Federal:

​

29 U.S.C. Ch. 28 (Medical and Family Leave);

EEOC Proposed Enforcement Guidance on Unlawful Harassment;

Third Circuit Pattern Jury Instructions, Civil 10.0 (Family and Medical Leave Act);

Fifth Circuit Pattern Jury Instructions, Civil 11.22 (Family and Medical Leave Act);

Seventh Circuit Pattern Jury Instructions, Civil 10.1-10.2 (Family and Medical Leave Act);

Eighth Circuit Pattern Jury Instructions, Civil 14 (Family and Medical Leave Act);

Eleventh Circuit Pattern Jury Instructions, Civil 4.15-4.16 (Family and Medical Leave Act).

 

Washington State: 

​

RCW 49.12.265-49.12.295 (Industrial Welfare - sick leave, time off);

RCW 49.44.085 (Employees may pursue causes of action under RCW 49.60);

RCW 49.60.180 (Unfair Practices of Employers);

RCW 43.10.005 (Workplace Pregnancy Accommodations);

Hanson v. Hutt, 83 Wn.2d 195, 201, 517 P.2d 599 (1973);

WAC 162.30.020 (Pregnancy and childbirth);

Washington State Attorney General Guide to Pregnancy Accommodations. 

 

Seattle: 

 

SMC 14.16 (Paid Sick and Safe Time).