EVERFI Content Team

Despite areas of progress and inclusion for different types of workers, one form of discrimination continues to fly under the radar: disadvantages faced by parents and caregivers in the workplace. From being passed over for promotions to receiving fewer opportunities due to assumptions about caregiving responsibilities, parents, especially mothers, can be penalized at work because of harmful stereotypes.

Back-to-school time is a good reminder that discriminating against employees based on parental status or family responsibilities is not only inherently wrong, but illegal in some states and cities.

Read on to learn about the severity of this issue, its legal implications, and how training can be a critical component of being part of the solution.

The Parent Penalty is Real

Studies consistently show that parents, particularly mothers, may face several disadvantages at work. This includes:

• Lower starting salaries and raises
• Fewer leadership opportunities
• Stereotyping as “less committed” or “distracted”
• Biased performance reviews

This phenomenon, sometimes called the “motherhood penalty,” results in women with children earning less and advancing more slowly than their childless peers and male counterparts – even when qualifications and experience are equal. In addition to childcare, woman are overwhelming more likely to be responsible for caring for elderly parents or relatives with disabilities.

Meanwhile, fathers often face a different kind of bias: the assumption that they shouldn’t need, or ask for, flexibility to be active caregivers. When they do, they may be perceived as less ambitious or “not team players.”

Flexibility vs. Favoritism

Remote work and hybrid models have created opportunities for more flexible schedules, but they’ve also surfaced new forms of discrimination. Parents who request accommodations may be viewed as “less available” or “inconvenient” by management.

Ironically, those without caregiving responsibilities may receive unspoken favoritism, or on the flip side, increased pressure and demands from work, because they can stay late, travel more, or answer messages at odd hours. These activities are still wrongly equated with productivity and dedication.

This fosters an unhealthy work culture that values “face time” over actual output, and makes feel like they’re constantly playing catch-up, or worse, being punished for their personal responsibilities.

The Emotional and Economic Toll

Discrimination against parents and caregivers isn’t just harmful, it’s expensive. For organizations, high turnover rates, burnout, and disengagement are direct results of unsupportive workplace cultures. For individuals, the costs are more personal: stress, guilt, financial strain, and the painful decision many parents face between career advancement and family time.

When working caregivers are forced to downshift their careers, or exit the workforce entirely, it reduces their long-term earning potential and narrows the talent pipeline across industries.

The Legal Implications of Discrimination Based on Family Responsibilities

Workplace discrimination based on caregiving responsibilities—sometimes referred to as “family responsibilities discrimination” (FRD)—can have serious legal implications for employers. While not explicitly covered under federal law as a protected status, such discrimination may violate statutes like Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA), depending on the circumstances. For example, if an employer treats female employees with children differently than their male colleagues with children—such as denying promotions, assigning less favorable shifts, or terminating employment—this can constitute sex discrimination under Title VII.

Meanwhile, the ADA’s prohibition against “associational discrimination” provides protections for caregivers of people with disabilities: employers cannot discriminate against an employee because that employee has a relationship or association with someone with a disability, such as a child, spouse, or parent. An example of how this type of discrimination could occur is cited by the EEOC in its Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities: if an employer refused “to hire a job applicant whose wife has a disability because the employer assumes that the applicant would have to use frequent leave and arrive late due to his responsibility to care for his wife.”

Additionally, some states and local jurisdictions have specific laws that directly prohibit discrimination based on family or caregiver status. Employers found liable for FRD may face lawsuits, financial penalties, and reputational harm, making it critical for organizations to ensure their policies and practices treat all employees fairly, regardless of their family responsibilities.

How Employers Can Help

Combatting parental discrimination isn’t just a matter of policy, it’s a matter of improving culture. Here are some meaningful steps employers can take:

1. Normalize flexible work for everyone – Make flexibility the norm, not a special request for parents only.
2. Evaluate performance fairly – Focus on results, not specific hours worked or availability outside business hours.
3. Train managers to avoid discrimination – Provide education on how stereotypes can affect hiring, promotions, and feedback.
4. Support time off and leave for all genders – Encourage both mothers and fathers to take time off without fear of backlash. Remember to evaluate regular PTO requests neutrally, without regard to whether the purpose is for caregiving or other personal pursuits.
5. Create caregiver-friendly cultures – Encourage open dialogue and model support from leadership.

Finally, the EEOC has published a list of best practices for employing workers with caregiving responsibilities, available here.

Addressing Discrimination Through Training

Workplace training can play a crucial role in addressing caregiver discrimination by raising awareness, promoting inclusivity, and ensuring compliance with relevant laws and policies. It can help employees and managers learn to recognize unconscious biases and discriminatory practices that disadvantage parents or other caregivers, such as assumptions about their availability, commitment, or productivity. By fostering a culture of respect and understanding, workplace training can help reduce stigma, support work-life balance, and empower parents to thrive in their roles without fear of unfair treatment.

EVERFI’s Preventing Harassment and Discrimination in the Workplace training includes interactive scenarios about family responsibility based on gender, in addition to other categories of discrimination. Learn more about how this training could help strengthen your workplace culture, and increase job satisfaction for employees who are parents or caregivers, by requesting a demo.