Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill enacts the "Family Caregiver Antidiscrimination Act," which makes it an unlawful employment practice for an employer to:

(1) Fail or refuse to hire or to discharge an employee, or otherwise discriminate against an employee, with respect to compensation, terms, conditions, or privileges of employment because of the employee's family responsibilities, if:

(A) The employee does not violate the employer's attendance and absenteeism policies that are not prohibited by other applicable law; and

(B) The employee's performance at work meets satisfactory standards; or

(2) Limit, segregate, or classify an employee in a way that deprives, or tends to deprive, an employee of employment opportunities, or otherwise adversely affects the employee's status as an employee because of the employee's family responsibilities, except with respect to the employer's attendance and absenteeism standards that are not protected by other applicable law and to the extent the employee's performance at work meets satisfactory standards.

However, the bill clarifies that the above provisions do not create an obligation for an employer to make special accommodations for an employee with family responsibilities, as long as all policies related to leave, scheduling, absenteeism, work performance, and benefits are applied in a nondiscriminatory manner.

"Family responsibilities" is defined in the bill as the obligations of an employee to provide for the basic needs of a family member who would qualify as a covered family member under the federal Family and Medical Leave Act

This bill authorizes a person adversely affected by an act in violation of this bill to bring a civil action in the chancery court or circuit court in the jurisdiction where the alleged violation occurred. In the action, a court may issue back pay, compensatory damages, prejudgment interest, reasonable attorney's fees, and any legal or equitable relief that will effectuate this bill. However, the person must bring a civil action no later than one year from the date of termination of employment or the date of the adverse employment action.

Alternatively, this bill authorizes a person to bring an action in accordance with the Uniform Administrative Procedures Act instead of pursing an action in chancery or circuit court.

This bill requires the commissioner of labor and workforce development to enforce this bill, and authorizes the commissioner to promulgate rules necessary to effectuate this bill.