Posted
6:40 PM
by Michael Fox
With Family Responsibility Discrimination as one of the hottest buzz words in employment law these days, you knew it was only a matter of time before the EEOC weighed in. Today was the day as it issued its Enforcement Guidance for Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. In the accompanying Q&A fact sheet the Commission candidly acknowledges that caregivers are not a protected category:
Q: Are caregivers a protected group under the federal EEO statutes?
A: No. The federal EEO statutes do not prohibit discrimination based solely on parental or other caregiver status. Under the federal EEO laws, discrimination must be based on a protected characteristic such as sex or race. However, some state or local laws may provide broader protections for caregivers. A particular caregiver also may have certain rights under other federal laws, including the Family and Medical Leave Act.
Nevertheless, they still offer twenty examples of potential legal problems ranging from "Unlawful discrimination against women with small children" to "Hostile environment based on association with an individual with a disability." Enough ammunition to keep employers awake a night or two.