Your organization could unknowingly be engaging in caregiver discrimination

The Equal Employment Opportunity Commission (EEOC) recently updated its policy guidance on caregiver discrimination, prompted by the novel challenges COVID-19 placed on workers and employers alike. Caregiver discrimination can also arise in a broad range of nonpandemic-related circumstances, however, and employers need to make sure they aren’t inadvertently treating caregivers differently based on preconceived notions about individuals’ roles in caregiving responsibilities.

Caregiver basics

Let’s start with the basics. “Caregiver” status isn’t a protected classification. Also, when making employment decisions, you aren’t required to completely disregard an employee’s responsibilities and commitments outside of the workplace.

So how and when do your actions related to caregiving responsibilities become impermissible discrimination? That’s what the EEOC guidance is aimed at letting employers know.

What is illegal caregiver discrimination?

Without bombarding you with all the legalese and analysis behind the EEOC’s position, below are some key takeaways. Keep in mind that caregiver status isn’t the protected classification at issue. Instead, it’s disparate treatment of caregivers based on their protected characteristics, such as gender, race, color, religion, etc.