SHARE

March 15, 2022

EEOC Releases Information On Caregiver Discrimination

You've Reached Your
Free Article Limit This Month
Subscribe now to get unlimited access to all Law.com OnPractice content. Your subscription is free.
Subscribe Now

Key Takeaways

  • Discrimination against people with caregiving responsibilities may be unlawful under federal employment discrimination laws, depending upon the relevant facts and circumstances.

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released several pieces of guidance aimed at addressing discrimination against caregivers, including:

  • A technical assistance document entitled "The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law";
  • Updated COVID-19 guidance, entitled "What You Should Know," which explains what may constitute discrimination against employees and job seekers with family caregiving responsibilities; and
  • A short video explaining caregiver discrimination in both English and Spanish.

The technical assistance, available here, explains that discrimination against people with caregiving responsibilities may be unlawful under federal employment discrimination laws, depending upon the relevant facts and circumstances, and provides related examples.  In a question-and-answer format leaning on real-world scenarios, the EEOC provides guidance on how and when discrimination against applicants or employees with caregiving responsibilities violates the law, as well as explanations regarding required accommodations.

The EEOC's COVID-19 "What You Should Know" page, available here, also has been updated to include a section titled "Caregivers/Family Responsibilities."  This information explains how unlawful caregiver discrimination might arise and addresses considerations related to sex discrimination and other pandemic-related caregiver discrimination issues.

This new guidance from the EEOC underscores the need for employers to continue to be vigilant in how they address pandemic-related requests for caregiver accommodations, even as other COVID-19 precautions relax.  Ballard Spahr counsels employers to ensure that their positions with respect to hiring and workplace accommodations are consistent and in compliance with the EEOC's guidance as well as federal, state and local laws.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Ballard Spahr

Innovation in Higher Education, Perspectives from a Pharma CEO - With Dr. David Bearss of U2TAH Therapeutics Accelerator

By Scott D. Marty, Ph.D. Ballard Spahr May 24 , 2022

This episode is part of an ongoing series where we interview leaders who are striving to grow economic development in their area.

U.S. Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration

By Mark J. Levin Ballard Spahr May 23 , 2022

The U.S. Supreme Court today held that waiver of the right to arbitrate does not require a showing that the other party was prejudiced. The unanimous opinion by Justice Kagan in Morgan v. Sundance reversed the Eighth Circuit, which had held that a party waives the right to arbitrate if it knew of the right, acted inconsistently with that right and prejudiced the other party by its inconsistent actions.

New CFPB Interpretive Rule Outlines Broad State CFPA Enforcement Authority

By Michael Gordon Ballard Spahr May 23 , 2022

The CFPB has issued a new interpretive rule regarding the authority of state attorneys general and state regulators (State Officials) to enforce the Consumer Financial Protection Act (CFPA).

More From Employment Law

Workplace Safety Review: Episode 26 | Interview with Rod Harvey

By Michael T. Taylor Greenberg Traurig June 22 , 2022

In this episode, Mike Taylor and Adam Roseman talk to Rod Harvey, Director of Industrial Hygiene and Field Services for RHP Risk Management Inc.

In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable - For Now

By Timothy Long Greenberg Traurig June 17 , 2022

In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that waive an employee’s right to bring a Private Attorneys General Act (PAGA) claim on a representative basis – requiring such claims be brought on an individual basis in arbitration. The Court further held that “PAGA provides no mechanism to enable a court to adjudicate non-individual PAGA claims once an individual claim has been committed to a separate [individual arbitration] proceeding.”

GT's The Performance Review Episode 16: Fit Fam: Lifting the Weight of California Privacy Laws (Part 2)

By Philip I. Person Greenberg Traurig June 15 , 2022

Join Philip Person and Ryan Bykerk as they discuss employee privacy with Lauren Green, internal counsel at global boutique fitness brand Barry’s Bootcamp.

Featured Stories
Closeclose
Search
Menu

Working...