Story at a glance
- The EEOC on Monday clarified that discriminating against workers or applicants who are caregivers may violate federal law.
- Employment laws do not explicitly cover caregivers, but discrimination can still occur when employers act on assumptions or stereotypes, the EEOC said.
- Existing EEOC policies specify that employment discrimination is already considered unlawful when it is based on protected characteristics like sex, race, religion, disability, or age.
The Equal Employment Opportunity Commission (EEOC) on Monday issued guidance for workers, clarifying that discriminating against employees or job applicants with family caregiving responsibilities may violate federal law.
Employment discrimination is already considered unlawful when it is based on protected characteristics like sex — including pregnancy, sexual orientation, or gender identity — race, religion, disability or age.
But the pandemic has also created an environment where caregivers may be more easily discriminated against, given quarantine requirements and the rapid onset closing of schools and child care facilities, the EEOC said Wednesday.
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“As the pandemic evolves, and the country moves to a new normal, we cannot assume caregiving obligations have ended,” EEOC Chair Charlotte A. Burrows said in a statement. “The work that caregivers do – whether as employees or as unpaid workers in the family– is in all of our interests. By ensuring that caregivers know their rights and employers understand their responsibilities, the EEOC will help ensure that America’s recovery from the pandemic is an equitable one.”
Employment laws do not explicitly cover caregivers, but discrimination can still occur when employers act on assumptions or stereotypes, the EEOC said, providing an example of an employer who refused to hire an applicant because they are a primary caregiver of a person with disabilities, meaning that the employer’s health care costs would likely increase.
It would also be unlawful for an employer to refuse to promote a woman based on the assumption that she would focus primarily on her children while they are quarantined or attending school remotely because she is a woman.
“The pandemic has heightened our awareness of the vital role that caregivers play in our society,” EEOC Vice Chair Jocelyn Samuels said in a statement. “The real-world scenarios in this technical assistance show how federal EEO laws apply to employees who have caregiving responsibilities and how employers can, within those laws, better support caregivers in balancing work and family responsibilities.”
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