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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17424
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Within Connecticuit is it legal for an employer to deny an

Resolved Question:

Within Connecticuit is it legal for an employer to deny an employee reason accomodation to modify one's work hours to care for a minor while his mother get in-patient drug detox. This would mean a 2-3 hours modification one's hours for 90 days. How would this employee proceed to contact an attorney and receive a 30 minute free consultation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Unfortunately, the reasonable accommodation provisions of the ADA do not apply to anyone other than a disabled employee or job applicant. In other words, there is no requirement for an employer to accommodate an employee who has a family member with a disability. You can see the EEOC's discussion of this issue at: http://www.eeoc.gov/facts/association_ada.html
(look at paragraph 4).

If you want to consult with a local attorney, you can always get a referral from your local county bar association. Most of the counties have lawyer referral services. Usually though, they will charge a minimal fee, like maybe $35, for a 30 minute consultation. However, the law above is absolute.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

What about the issue of being the minor child's only /primary caregiver during the mother's hospitalization. See


 


http://www.eeoc.gov/policy/docs/caregiver-best-practices.html


 


 


 


 



  • Develop, disseminate, and enforce a strong EEO policy that clearly addresses the types of conduct that might constitute unlawful discrimination against caregivers based on characteristics protected by federal anti-discrimination laws.[20]An effective policy that addresses caregiver protections under the law should:

    • Define relevant terms, including “caregiver” and “caregiving responsibilities.”[21]

      • Provide an inclusive definition of “family” that extends beyond children and spouses and covers any individual for whom the applicant or employee has primary caretaking responsibilities.[22]



    • Describe common stereotypes or biases about caregivers that may result in unlawful conduct, including:

      • assuming that female workers’ caretaking responsibilities will interfere with their ability to succeed in a fast-paced environment;[23]

      • assuming that female workers who work part-time or take advantage of flexible work arrangements are less committed to their jobs than full-time employees;[24]

      • assuming that male workers do not, or should not, have significant caregiving responsibilities;[25]

      • assuming that female workers prefer, or should prefer, to spend time with their families rather than time at work;[26]

      • assuming that female workers who are caregivers are less capable than other workers;[27]and

      • assuming that pregnant workers are less reliable than other workers.[28]



    • Provide examples of prohibited conduct related to workers’ caregiving responsibilities, such as:

      • asking female applicants and employees, but not male applicants and employees, about their child care responsibilities;[29]

      • making stereotypical comments about pregnant workers or female caregivers;[30]

      • treating female workers without caregiving responsibilities more favorably than female caregivers;[31]

      • steering women with caregiving responsibilities to less prestigious or lower-paid positions;[32]

      • treating women of color who have caregiving responsibilities differently than other workers with caregiving responsibilities due to gender, race and/or national origin-based stereotypes;[33]

      • treating male workers with caregiving responsibilities more, or less, favorably than female workers with caregiving responsibilities;[34]

      • denying male workers’, but not female workers’, requests for leave related to caregiving responsibilities;[35]and

      • providing reasonable accommodations for temporary medical conditions but not for pregnancy.[36]



    • Prohibit retaliation against individuals who report discrimination or harassment based on caregiving responsibilities or who provide information related to such complaints.

    • Identify an office or person that staff may contact if they have questions or need to file a complaint related to caregiver discrimination.



  • Ensure that managers at all levels are aware of, and comply with, the organization’s work-life policies.In particular, front-line supervisors, middle management and other managers who regularly interact with employees or who are responsible for assignments, leave approval, schedules, promotions and other employment terms, conditions and benefits should be familiar with the organization’s work-life policies and supportive of employees who take advantage of available programs.

    • Provide incentives for managers to ensure that their employees are aware of work-life balance programs and to support employees who choose to take advantage of such opportunities.

    • Assess supervisors’ willingness to assist employees who have caregiving responsibilities on supervisors’ performance evaluations.



  • Respond to complaints of caregiver discrimination efficiently and effectively.Investigate complaints promptly and thoroughly. Take corrective action and implement corrective and preventive measures as necessary to resolve the situation and prevent problems from arising in the future.

  • Protect against retaliation. Provide clear and credible assurances that if employees make complaints or provide information related to complaints about unfair treatment of caregivers, the employer will protect them from retaliation. Ensure that these anti-retaliation measures are enforced.


 


 


I will recommend this individual to consult with an attorney as well.

Expert:  Marsha411JD replied 1 year ago.
That has no bearing here. Your employer cannot treat you adversely or differently than they treat other employees in the same type of situation you are in, but again, under the ADA and discrimination laws in general, the employer does not have to reasonably accommodate anyone other than an actually disabled employee or disabled applicant. The ADA does prohibit discrimination against employees based on their "association" with a disabled person, but again that does not require reasonable accommodation. If you read the guidance I provided the EEOC clearly addresses this.

The fact that you are someone's only available parent would only be relevant if your child had a serious health condition under FMLA and you qualified for unpaid leave under that Act. Otherwise, there is nothing in State or Federal law that gives employees who are sole parents or caregivers the right to altered schedules.

Again though, you are free to consult with a local attorney using the local county bar association referral service.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17424
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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