A sales manager for the mattress company Sealy Inc. sued her employer, charging that she was a victim of family responsibilities discrimination. She had been passed over for a promotion in favor of a younger male. The manager's supervisor admitted that although the woman was qualified for the job, he didn't give her the promotion because she had children and he assumed she did not want to relocate her family.

At one point, the supervisor also asked the manager why "her husband wasn't going to take care of her."

In ruling for the employee, the court noted that the plaintiff inquired about the promotion and "repeatedly expressed" a willingness to relocate. The court also determined that although the employer did eventually promote the woman, it was simply an attempt to correct its earlier mistake.

The woman was awarded compensatory damages of $100,000, $1,500 in back pay, and punitive damages of $1,000,000. The total award was later reduced to $301,500, plus back pay, because of a statutory cap on damages. (Lust v. Sealy, Inc., 383 F3d 580 7th Circuit, 2004)

It isn't just large employers who are the targets of these suits. The report states, "The types of employees and companies represented in (family responsibilities discrimination) lawsuits vary enormously, from small businesses to the nation's largest and most highly regarded companies."

The report also notes: "Companies that mismanage their work/life programs tend to fare poorly in court."

What This Means for Your Organization

According to the University of California report, there is "every indication" that these types of cases are going to increase. "Accordingly, it is critical that employers recognize the potential for liability and take necessary steps to avoid being the next defendant," it adds. Keeping that in mind, here are six tips to consider:

1. Ensure company managers and supervisors don't engage in stereotyping the roles that men or women caregivers should play at work and home. Supervisors and managers sometimes assume employees with family responsibilities will have productivity or attendance problems, will provide care instead of doing work when telecommuting, will not take business trips, and will not accept promotions.

2. Review your company's policies and practices to avoid bias and help employees balance family obligations with work obligations. A policy that appears to be neutral can turn into a discriminatory cause when applied to someone with family responsibilities. For example, restrictions on leave or absences within certain periods of time become discriminatory if a female employee needs to attend doctor's appointments because she becomes pregnant but cannot take time off during her first six months of employment.

3. Add parental and caregiver status to your company's anti-discrimination policies or make the issue a policy of its own.

4. Encourage managers and supervisors to make personnel decisions based on accomplishments and business needs rather than assumptions about an employee's level of commitment.

5. Offer training to help managers and supervisors with discriminatory attitudes they may be unaware they have.

6. Rethink your company's work/family policies and programs. They should be regarded "not as fringe benefits that can be withdrawn without consequences but as tools for managing future risk," according to the report.