NOHRPS Labor & Employment Law Update April 28, 2011 Family Responsibility Discrimination Presented By: Robert S. Gilmore, Esq.

A. EEOC Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities B.Key Case Trends New supervisor syndrome – new supervisors cancelling flexible work arrangements Second Child Bias – based on assumptions about the employees’ commitment to their growing families Elder Care Effect – employees who have to care for aging parents, reporting discrimination

C.Types of Cases Pregnancy and maternity leave – 67% Elder care – 9.6% Care for sick children – 7% Care for sick spouses – 4% Time off for newborn care by fathers or adoptive parents – 3% Association with a family member who has a disability – 2.4%

D.Recent Cases 1. Novartis Pharmaceuticals October 2009 – Working Mother names it one of best 100 companies for working families May 2010 – jury finds Novartis discriminated against women over pay and promotions  $3.3M compensatory damages to 12 plaintiffs  $250M punitive damages to class of employees

D.Recent Cases (cont’d) 2. Kohl’s Plaintiff claimed discrimination because of her parenting role for her two young children Managers allegedly asked “you’re not going to get pregnant again, are you?” and “did you get your tubes tied?”  $2.1M verdict

E.What Can Companies Do? Train supervisors and managers on how to recognize and avoid this type of discrimination

Robert S. Gilmore Kohrman Jackson & Krantz One Cleveland Center 1375 East Ninth Street, 20 th Fl. Cleveland, OH Phone: (216) Fax: (216)