The Equal Employment Opportunity Commission (“EEOC”) recently issued new guidance on the treatment of workers with caregiving responsibilities. Under Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate against an individual on account of his or her sex, race, national origin, and/or color. In addition, according to the EEOC, it is unlawful under Title VII to discriminate against working male and female employees who have caregiving responsibilities. In the new guidance statement, the EEOC explains the need for creating protections for caregiving workers:
As more mothers have entered the labor force, families have increasingly faced conflicts between work and family responsibilities, sometimes resulting in a maternal wall that limits the employment opportunities of workers with caregiving responsibilities. These conflicts are perhaps felt most profoundly by lower-paid workers, who are disproportionately people of color. Unable to afford to hire a childcare provider, many couples tag team by working opposite shifts and taking turns caring for their children. In comparison to professionals, lower-paid workers tend to have much less control over their schedules and are more likely to face inflexible employer policies, such as mandatory overtime. Family crises can sometimes lead to discipline or even discharge when a worker violates an employer policy in order to address caregiving responsibilities. To be covered by the law, the caregiving responsibilities may be to healthy children (not simply disabled children), disabled adults, elderly parents, elderly in–laws, and/or elderly spouses. As a caregiver, to establish that one has been unlawfully discriminated against one must provide evidence that the adverse action taken was based on your sex. An example of unlawful discrimination against a female worker would be where an employer started treating a female worker less favorably, such as providing her with less lucrative or growth oriented work assignments, upon finding out that she was pregnant or upon finding out that she had an elderly parent relying upon her for care. An example of unlawful discrimination against a male worker would be where a male worker was denied leave to care for children while a female worker in the same organization was not denied such leave. So, if you think you are being discriminated because you are the caregiver for your family or due to an employer’s bias against employment caregivers, you should educate yourself as to your possible legal rights. To learn more, contact us at Lebau & Neuworth, LLC.
