The U.S. Equal Employment Opportunity Commission (EEOC) today held a public meeting focusing on employer best practices to achieve work/family balance, and issued a guidance document on how agency-enforced laws apply to workers with caregiving responsibilities.
The new guidance is being issued by the EEOC as a proactive measure to address an emerging discrimination issue in the 21st century workplace. The document, Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, provides examples under which discrimination against a working parent or other caregiver may constitute unlawful disparate treatment under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA). The guidance notes that changing workplace demographics, including women’s increased participation in the labor force, have created the potential for greater discrimination against
working parents and others with caregiving responsibilities, such as eldercare all of which may vary by gender, race or ethnicity.
Also from the summary:
The guidance, available online along with a question and answer fact sheet, states: “This document is not intended to create a new protected category but rather to illustrate circumstances in which stereotyping or other forms of disparate treatment may violate Title VII or the prohibition under the ADA against discrimination based on a worker’s association with an individual with a disability.”