Labor e-Bulletin: EEOC Issues New Guidance Regarding Employment Rights of Parents and Other Caregivers
May 29, 2007
This week the Equal Employment Opportunity Commission (EEOC) issued new guidance which employers can use to assess their responsibilities to parents and other caregivers under Title VII and the Americans with Disabilities Act. The Guidance can be found at the EEOC Web site. In issuing the guidance, the EEOC stated that “[t]his document is not intended to create a new protected category.” Rather, the guidance is intended to illustrate situations where stereotyping or other forms of discrimination may violate existing laws. The EEOC intends for the guidance to be used by EEOC investigators (in reviewing charges), employers, unions, and potential charging parties.
The EEOC guidance identifies unlawful gender stereotyping as a major source of discrimination regarding parents and caregivers. The EEOC states that Title VII is violated when stereotypes regarding the job commitment of female caregivers or pregnant workers (relative to the commitment of male employees) are the basis for employment decisions. Similarly, employers may not rely on stereotypes of the role of men in child rearing to deny working fathers childcare leave where it is provided to working mothers. According to the guidance, it does not matter if an employer is well intentioned when making an adverse employment decision based upon gender stereotypes. For example, an employer may not assume that a working mother would not want to relocate to another city to gain a promotion.
The EEOC guidance notes that a caregiver may also assert a claim under the Americans with Disabilities Act’s prohibition against discrimination based upon the individual’s relationship or association with someone with a disability. The EEOC states that an employer cannot treat an employee less favorably based upon stereotypical assumptions about the worker’s ability to perform his or her job while caring for someone with a disability.
Employment issues regarding caregivers and parents may also involve other federal, state, and local laws, such as the FMLA, not discussed in the EEOC guidance.
The EEOC guidance identifies unlawful gender stereotyping as a major source of discrimination regarding parents and caregivers. The EEOC states that Title VII is violated when stereotypes regarding the job commitment of female caregivers or pregnant workers (relative to the commitment of male employees) are the basis for employment decisions. Similarly, employers may not rely on stereotypes of the role of men in child rearing to deny working fathers childcare leave where it is provided to working mothers. According to the guidance, it does not matter if an employer is well intentioned when making an adverse employment decision based upon gender stereotypes. For example, an employer may not assume that a working mother would not want to relocate to another city to gain a promotion.
The EEOC guidance notes that a caregiver may also assert a claim under the Americans with Disabilities Act’s prohibition against discrimination based upon the individual’s relationship or association with someone with a disability. The EEOC states that an employer cannot treat an employee less favorably based upon stereotypical assumptions about the worker’s ability to perform his or her job while caring for someone with a disability.
Employment issues regarding caregivers and parents may also involve other federal, state, and local laws, such as the FMLA, not discussed in the EEOC guidance.
