The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver discrimination, it is clear that caregiver discrimination is on the EEOC's agenda.

The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women, so discrimation against caregivers often looks like sex discrimination. The EEOC's guidance (both old and new) is packed full of good practices to follow (both during and after the pandemic). So, what does the EEOC want you to know about caregiver discrimination under federal employment discrimation laws?

Republished with permission. The full article, "Blessed Are the Caregivers: Equal Employment Opportunity commission guidance on disparate treatment of employees caring for family members," was published in The Best Lawyers Employment Law Issue 2022 on May 20, 2022.