labor lawAdivision of labor law center

Since 2006, the EEOC has focused on a new type of discrimination in the workplace – discrimination against caregivers.

 

Now the EEOC has released  best practices to avoid caregiver discrimination. The 10-page document outlines steps employers can take to avoid this increasing type of illegal discrimination.

 

Employers should note that no federal law currently makes caregivers a protected class. However, the EEOC is increasingly investigating and in some cases filing suits on complaints from caregivers.

 

Caregiver discrimination is an easy mistake for the employer to make. Suppose Sue has two daughters under the age of 6. One of her daughters has special needs due to a congenital disability. Sue’s employer decides not to promote her to a regional sales position that requires travel, because of her personal situation. The employer assumes that Sue will be unable to travel, or will do a poor job in the new position, because of her caregiver responsibilities. This is illegal discrimination. Sue is losing out on a promotion she would otherwise receive, simply because she is associated with a disabled person – a type of illegal discrimination prohibited under ADA, the Americans with Disabilities Act.

 

Sue may also be the target of illegal discrimination based on sex under Title VII of the Civil Rights Act of 1964, if a male employee in the same situation would be promoted.

 

Caregiver responsibilities can include caring for aging parents or a disabled spouse or another family member, as well as children.

 

Caregiver discrimination is insidious because often the employer feels that they are being sensitive to the employees needs. However, if the employee has not requested an accommodation, or refused the new job, the employer is committing illegal discrimination.

 

According to (Acting) EEOC Chair Stuart J. Ishimaru, the EEOC is “educating employees, employers and policymakers about why caregiver discrimination matters and how to avoid it.”  

 

Employers are not required to implement all – or any – of the best practices recommended by the EEOC. Best practices vary by industry, and some of the EEOC suggestions may be impractical in certain industries. However, employers should examine their company policies to determine if they are committing illegal discrimination against caregivers.

 

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