NewYorkUniversity
LawReview

Issues

Author

Lisa P. Wiggin

Results

The Silver Tsunami: Employment Law Reform to Protect Family Caregivers of the Aging Population

Lisa P. Wiggin

The imminent aging of the “baby boom” generation will magnify the need for eldercare, much of which will come from family members who also work outside the home. Current laws are inadequate to protect many working family caregivers from family responsibilities discrimination (FRD): the unfair treatment of workers with family caregiving responsibilities. When FRD causes caregivers to leave the workplace, there can be financial penalties for both the caregivers—especially women—and their employers. This Essay proposes that states can resolve these issues by adding family caregivers as a protected class to state antidiscrimination laws and provides examples of such legislative efforts.