Can You Sue a Daycare for Discrimination?

Author Mollie Sherman

Posted Oct 28, 2022

Reads 62

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There are a few different ways that daycare discrimination can play out. The first way is if a daycare is outright refusing to enroll a child based on their race or ethnicity. This is against the law, and the parents can sue the daycare for discrimination. The second way is if a daycare is giving preferential treatment to children of a certain race or ethnicity over others. For example, if a daycare only hires white employees and gives them the best shifts, while hiring non-white employees for the worse shifts, this would be discrimination. The third way is if a daycare is not taking action to stop discrimination that is happening by staff or other parents.

Daycare discrimination can have a lasting impact on a child. It can make them feel like they are not good enough or that they do not belong. This can lead to low self-esteem and a feeling of isolation. It is important for parents to know that they have options if they feel their child is being discriminated against at daycare. They can talk to the daycare director, file a complaint with the state, or sue the daycare for discrimination.

Can you sue a daycare for discrimination if they terminate your child's enrollment?

Yes, you can sue a daycare for discrimination if they terminate your child's enrollment. The Department of Health and Human Services Office for Civil Rights (OCR) investigates complaints of discrimination in programs that receive federal financial assistance from the department. These programs include, but are not limited to, Head Start, Child Care and Development Block Grant, Maternal and Child Health Block Grant, Social Services Block Grant, and the Low Income Home Energy Assistance block grant. If OCR finds that discrimination has occurred, it will take appropriate steps to remedy the situation and may impose sanctions against the discriminating entity, such as monetary penalties or denial of future federal funding.

Frequently Asked Questions

Can I claim punitive damages against a daycare?

Yes, punitive damages may be claimed against a daycare if there have been prior similar incidents of heinous conduct.

What constitutes basic negligence in a daycare case?

A judge or jury would look at the facts of case, such as whether an employee acted with negligence and what that negligence consisted of. Additionally, a daycare case could also hinge on whether the parents knew of any risks involved in sending their child to the daycare, and if so, whether they did anything about it.

Can I sue for discrimination in Small Claims Court?

Yes, you can sue for discrimination in small claims court. To do so, you will need to prove that the other person intentionally discriminated against you. You may also be able to file a lawsuit if the discrimination caused you harm, such as lost wages or damage to your reputation. In order to file a lawsuit, you will need to have evidence of the discrimination and proof that the other person was responsible for it. DoNotPay can help you gather this evidence.

Are these claims ripe against a daycare facility?

DECAL’s investigation found that there was a casual connection between the harm and the type of harm the statute was designed to protect. Therefore, these claims may be ripe against a daycare facility.

Can I claim punitive damages against a daycare in Georgia?

Typically, punitive damages claims are only viable when there are prior similar incidents.

Mollie Sherman

Mollie Sherman

Writer at CGAA

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Mollie Sherman is an experienced and accomplished article author who has been writing for over 15 years. She specializes in health, nutrition, and lifestyle topics, with a focus on helping people understand the science behind everyday decisions. Mollie has published hundreds of articles in leading magazines and websites, including Women's Health, Shape Magazine, Cooking Light, and MindBodyGreen.

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