The work/life juggle can be difficult under the best of circumstances, but the COVID-19 pandemic has presented millions of Americans with the challenge of balancing work and caregiving demands resulting in many non-traditional work arrangements. Some caregiving duties might include helping a family member who is ill or taking care of someone with special needs. Employees with caregiving responsibilities may face physical, emotional, and time demands. When a loved one is immunocompromised at home, it may be difficult for the caregiver employee to leave home for extended periods for work. As a result, employers need to consider multiple options to ensure that workers with caregiving responsibilities don’t face added pressure from workplace policies or decisions.
Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting discrimination in the workplace. The EEOC prohibits discrimination against a job applicant or an employee because of the individual’s race, color, religion, sex (pregnant employees, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document, the COVID-19 pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, to state that discrimination against caregivers violates equal employment opportunity laws.
Caregiver Stereotypes Can Result in Violation of Federal Laws
The technical assistance document outlines how EEOC policy positions can be applied to determine whether discrimination against applicants and employees engaged in family caregiving responsibilities during the pandemic has occurred. The infractions covered under the document are violations of Title VII of the Civil Rights Act of 1964, Titles I and V of the Americans with Disabilities Act of 1990 (ADA), or Sections 501 and 505 of the Rehabilitation Act 1973 or other EEOC-enforced laws.
In addition to this document, the EEOC has also published EEOC policy guidance, a fact sheet, and a best practices document, which addresses unlawful discrimination against caregivers beyond the current pandemic.
Examples of Unlawful Discrimination Against Employees With Caregiving Duties
According to the EEOC, employers cannot impose certain restrictions on employees with caregiver responsibilities, even if those restrictions are well-intentioned. In its technical assistance, the EEOC provides examples of unlawful discrimination against caregivers, some of which include;
- In general, an employer should not decline to assign a project to a female employee due to the assumption that the woman will be unable to travel or work overtime due to her caregiving obligations.
- Practicing discrimination against Asian employees caring for family members with COVID-19 because the country of origin of the virus was an Asian country.
- Men who are caregivers cannot be discriminated against by employers because of their gender or based on gender stereotypes of men as providers and women as caregivers. For example, an employer cannot deny men leave or a flexible schedule to care for a family member with COVID-19 or other pandemic-related caregiving duties when the employer grants similar requests to female workers with family responsibilities.
- Applicants and employees with personal responsibilities may not be discriminated against based on their sexual orientation or gender identity. For example, employers cannot demand proof of a marital relationship or family relationship with LGBTQ+ employees seeking leave to care for their partners while not requiring the same explanation for other employees making similar requests.
- Additionally, employers should keep in mind that the ADA’s definition of a “disability” may apply to individuals with COVID-19 who develop new, returning, or continuing medical conditions after contracting COVID-19. According to the ADA, employers cannot discriminate against employees because of their association with individuals with disabilities. Therefore, an employer cannot deny an employee’s request for unpaid leave to care for someone with COVID if they approve other employees’ requests for unpaid leave.
Preventing Discrimination in the Workplace for Caregivers
Not addressing workplace discrimination issues can be financially and legally disastrous for employers. According to EEOC’s technical assistance, employers can adopt several ways to ensure a compliant workplace. Here are some ways employers can make reasonable accommodations for caregiving to comply with the EEOC’s guidelines;
- The employer’s responsibility is to provide periodic training on harassment policies and complaint procedures to all employees to prevent harassment.
- Employers can also regularly train all employees about the policies and procedures and demonstrate leadership’s commitment to creating a harassment-free workplace.
- It is also essential for employers to apply their harassment policies consistently and without discrimination to all employees.
- Employers also need to take prompt and appropriate action to resolve questions, concerns, or complaints related to harassment.
Building a Compliant Workplace Policy with First Contact HR
A diverse workforce is not just a result of your company’s values. It is crucial to improving your services, innovation, and profitability. In addition, an EEOC-compliant workplace helps employers avert costly penalties and makes the workforce more diverse.
Inclusive workplaces promote innovation, productivity, and efficiency and positively affect corporate reputations. There are several ways to foster a diverse and productive workforce, including training your HR team on proper hiring procedures and ensuring your workplace is compliant with EEOC guidelines to save caregivers from discrimination. First Contact HR employs an experienced team of HR professionals who provide expertise to build an inclusive workplace through legal compliance, innovative HR solutions, and expert consulting services.