Caregiver Discrimination
Caring for a child or an aging parent shouldn’t make you a target at work. If your employer started treating you differently once you took on that role, you may have a claim.
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What is caregiver discrimination?
Caregiver discrimination happens when an employer penalizes you for responsibilities outside work — caring for a child, an aging parent, or a sick family member. It often overlaps with sex, disability, or family-status protections. Minnesota and Illinois law, along with federal statutes, can protect workers treated worse because of their caregiving role.
The trouble usually starts once your employer learns someone at home depends on you.
How caregiver discrimination shows up at work
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Your schedule gets harder right after you mention a child or aging parent
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You’re passed over because you’re seen as “distracted” or “not committed”
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You’re denied the flexibility that others quietly get
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The good assignments stop coming once you become a parent
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You’re pushed out after taking leave to care for family
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You hear that the role “needs someone without those obligations”
Federal and state protections
What the law says about caregiver discrimination
Federal
There is no single federal law banning caregiver discrimination outright, but it’s often illegal when tied to a protected characteristic — for example, sex (under Title VII) or a family member’s disability (under the ADA’s association provisions). The Family and Medical Leave Act (FMLA) also protects the right to take leave to care for family.
Minnesota
The MHRA prohibits discrimination based on familial status in some contexts, and caregiver-related claims often arise alongside sex or disability protections.
Learn moreIllinois
Illinois has expanded protections around family responsibilities, and caregiver-related discrimination frequently overlaps with the IHRA’s sex and family-status protections.
Learn moreNot sure which law applies to your situation? That’s what we figure out with you.
What a caregiver discrimination case can recover, if your case is successful:
- Back pay for wages you lost
- Front pay for future wages
- Reinstatement to your job (if that’s what you want)
- Compensation for emotional distress
- Punitive damages against the employer (in serious cases)
- Attorney’s fees and costs
Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.
How we handle caregiver discrimination cases
Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.
On contingency, you pay nothing unless we win.
Attorneys who handle these cases
Meet the full team
Shawn Wanta
Founding Partner
Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.
Admitted in MN · IL
Joni Thome
Founding Partner
Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.
Admitted in MN
Suzanne Heywood
Attorney
Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.
Admitted in IN · IL · MI
Luke Molvarec
Attorney
Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.
Admitted in IL
Common questions about caregiver discrimination
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Is caregiver discrimination actually illegal?
It can be. There’s no single federal law banning it outright, but it’s often unlawful when tied to a protected characteristic — like sex, or a family member’s disability. State and local protections are expanding. We help identify which laws apply to your situation.
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What does caregiver discrimination usually look like?
Common patterns: your schedule or assignments get worse after you mention a child or aging parent, you’re passed over as “not committed,” or you’re pushed out after taking family leave. It often overlaps with sex discrimination and FMLA violations.
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Can my employer treat me differently for having kids?
Treating you worse based on assumptions about parents — that you’re less available or committed — can be sex discrimination, especially when mothers and fathers are held to different standards. Decisions based on stereotypes rather than your actual work are a red flag.
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Am I protected if I take leave to care for a family member?
Often, yes. The FMLA protects eligible workers who take leave to care for a family member with a serious health condition, and retaliation for using that leave is illegal. State laws may add further protection.
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What if I’m caring for a family member with a disability?
The ADA’s association provisions can protect you from discrimination based on your relationship to a person with a disability. If your employer treated you worse because of your caregiving for a disabled family member, that may be unlawful.
Ready to find out where you stand?
Five fields, no story needed yet — that comes on the follow-up call. Most people hear back within five minutes if Nina is enabled, or the same business day if not.
Your submission is confidential. We do not contact your employer.
Common questions
How much is a caregiver discrimination case worth?
It depends on your losses and the employer’s conduct — back pay, future pay, emotional distress, and attorney’s fees, with punitive damages in serious cases. We’ll assess yours honestly once we know the facts.
How long do I have to file this kind of claim?
Deadlines vary by which law applies, and some are as short as 180 or 300 days. Because caregiver claims often involve multiple statutes, reach out early so nothing lapses.
Do I need to file with the EEOC first?
It depends on the underlying claim. Sex or disability-related claims often require an EEOC or state agency filing first. We identify the right path and handle the filing.
Do I need a lawyer for this kind of claim?
Caregiver cases are legally layered, often combining several statutes. A lawyer helps identify every claim available and avoid missteps, with no upfront cost on contingency.
Can I have a case if I’m still employed?
Yes. Worse assignments, denied flexibility, or being sidelined because of caregiving responsibilities can support a claim while you’re still working.