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Florida currently does not allow a standalone claim for workers to allege that their family responsibilities have led them to be discriminated against. Instead, if you believe you have faced such discrimination, you must put it in some other context, involving illegal class-based bias, such as bias based on sex or race.
For example, if men with preschool-age children are welcomed into managerial training courses but women with preschool-age children are not, this could point to management’s perception that women might not be free to attend due to their child being ill or needing special care. It could also indicate an assumption that men would not be bothered by those concerns, as their wives would be taking care of the children.
When viewed as a whole, such a situation would require trend analysis or data points over time to determine how similar requests from employees of a different class are treated.
In my opinion as an attorney, it absolutely is, and I would hope that most employers would be sensitive to that need. While the request needs to be reasonable and not unduly burdensome to your employer, I would think that most employers in this day and age would allow schedule flexibility as a courtesy to employees with children.
Attorney Matt Romanik is a dedicated, knowledgeable employment discrimination attorney serving Florida. Since 1995, he’s helped clients just like you advocate for themselves as working parents, helping them identify illegal bias whenever possible, and ensuring their employment rights are respected.
Have questions, or in need of legal guidance? Reach out to Working For Workers for an initial consultation today.
Florida is an “at-will” employment state, and employers certainly can change your schedule without notice. But if your employer is treating certain groups of people differently, this could be indicative of illegality, especially if one particular class is being disproportionately targeted.
But as a matter of law in Florida, employers can change the terms and conditions of an at-will employee’s schedule with almost no notice, so long as it doesn’t change prior promises without bilateral assent.
Your first step should be to try to analyze whether you’re being treated differently from another class of people. If there’s a substantially different treatment of one class of people versus another, you may have grounds for a claim.
Truthfully, it would be difficult to bring a claim in Florida without being able to show that different people are treated differently for reasons other than having children who need attention.
Remember, your child is far more important than any job, and you should never feel guilty about advocating for your needs as a parent in the workplace. One way to help bridge the gap might be to familiarize your supervisors and co-workers with your children.
Familiarity can help your employer to understand that your children are real people with a real existence. Many times, employers and co-workers are more apt to help accommodate your needs if they have met your children and understand the importance and necessity of helping your family be happy and healthy.
For more information on discrimination against working parents in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 229-3722 today.
Attorney Matt Romanik is a dedicated, knowledgeable employment discrimination attorney serving Florida. Since 1995, he’s helped clients just like you advocate for themselves as working parents, helping them identify illegal bias whenever possible, and ensuring their employment rights are respected.
Have questions, or in need of legal guidance? Reach out to Working For Workers for an initial consultation today.
