EEOC highlights caregiver discrimination in new guidance

July 2022 employment law letter

Authors:

Travis Hanson, Foulston Siefkin LLP

Another month, another article about one of the myriad of employment issues implicated by the ongoing COVID-19 pandemic. This article focuses on recently issued guidance from the Equal Employment Opportunity Commission (EEOC) regarding discrimination against applicants and employees with caregiving responsibilities related to COVID-19.

The guidance

On March 14, 2022, the EEOC issued a technical assistance document titled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws” and also updated its COVID-19 “What You Should Know” question and answer page explaining how discrimination against applicants and employees with caregiving responsibilities can violate federal employment laws. The guidance is intended to add to, but not replace, its previous caregiver discrimination guidance.

As part of the new guidance, the EEOC explains that caregiver discrimination violates federal equal employment laws when it is based on:

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