When an employee is treated unfairly by an employer, it is not only the employee who suffers. The employee's spouse and family also may be harmed by the workplace discrimination. But do family members have the ability to pursue a claim against the employer for the harm they suffered as a result of the unlawful discrimination? Some Missouri residents may be surprised by the answer.In one recent case, a disabled school custodian and his wife met with the school district's human resources department to discuss possible reasonable accommodations for the man's medical condition, severe and chronic hiccups. The couple asked that the man be allowed to wear a mask while working and avoid exposure to cleaning products. The school district failed to provide an accommodation. The man then suffered a stroke and was unable to return to work.
The Family and Medical Leave Act provides workers with a way to take off a little extra time for family and medical needs when they arise. FMLA allows for workers to not only take the unpaid time off, but to continue having employer-provided health care coverage as well as security that their job will be available for them when they return.