EEOC warns of higher risk of caregiver discrimination in changing world, workplace

The COVID-19 pandemic placed a spotlight on the challenge of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic evolves to become endemic, it may still have a lingering effect on the lives of workers who need to juggle hybrid school schedules and unexpected exposures and quarantines. Given the persistent challenges, the Equal Employment Opportunity Commission (EEOC) issued guidance earlier this month reminding employers that discrimination against a person with caregiving responsibilities may be unlawful under a number of federal employment discrimination laws, including the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA), Title VII of the Civil Rights Act, and the Family and Medical Leave Act (FMLA).

Caregiver discrimination can take many forms

Caregiving responsibilities encompass care for children, parents, and other older family members, as well as close relatives with disabilities. Discrimination against caregivers violates federal employment discrimination laws to the extent it’s based on a protected characteristic (i.e., sex, race, religion, age, disability, etc.) of an applicant or employee. It’s also unlawful to the extent it’s based on a protected characteristic of the individual for whom care is provided. Caregiver discrimination is also unlawful to the extent it’s based on a class-based stereotype, i.e., women in caregiver roles.