New EEOC Guidance on Caregiver Discrimination

The EEOC  recently issued Enforcement Guidance:  Unlawful Disparate Treatment of Workers With Caregiving Responsibilities.  The EEOC notes that caregiving responsibilities (of children, the elderly and the disabled) fall predominantly on women, but also note that caregiving responsibilities are increasingly borne by men.  Some of the topics in the new guidelines include:

  • Sex-based Disparate Treatment of Female Caregivers
  • Unlawful Disparate Treatment of Female Caregivers as Compared with Male Caregivers
  • Unlawful Gender Role Stereotyping of Working Women
  • Gender-based Assumptions About Future Caregiving Responsibilities
  • Mixed-motives Cases
  • Assumptions About the Work Performance of Female Caregivers
  • “Benevolent” Stereotyping
  • Effects of Stereotyping on Subjective Assessments of Work Performance
  • Pregnancy Discrimination
  • Discrimination Against Male Caregivers
  • Discrimination Against Women of Color
  • Unlawful Caregiver Stereotyping Under the Americans with Disabilities Act
  • Hostile Work Environment
  • Retaliation
The EEOC has also published a Q & A Fact Sheet explaining the new guidelines.