Family Responsibility Discrimination: The EEOC Weighs in on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities

The Equal Employment Opportunity Commission (EEOC) issued guidelines in 2007 to address discrimination against workers with caregiving responsibilities. These guidelines are used by EEOC offices and can be influential in court cases involving discrimination against caregivers. Although being a caregiver is not a protected category under the law, the guidelines aim to prevent unfair treatment of caregivers based on their gender, race, or association with a disabled individual. For example, if a female caregiver is treated unfairly at work because of her caregiving responsibilities, it could be considered discrimination under Title VII. The guidelines help identify situations where discrimination against caregivers is not allowed under the law. The guidance says that intentional discrimination against employees with caregiving responsibilities based on their sex can be proven using different types of evidence. Circumstantial evidence shows that an unfair decision was made because of a protected characteristic, like being a mother. Direct evidence is a clear statement that a decision was made because of a protected characteristic. For example, if a boss says “Fire Cheryl because I don’t want mothers working here,” that would be direct evidence. Whether it’s circumstantial or direct, the evidence has to show that the bad decision was made because of a protected characteristic, not for a legal reason. The guidance lists 10 ways to prove that an employee was treated unfairly because of discrimination. These include things like asking different questions to women than men, making rude comments about pregnant workers, and treating women with caregiving responsibilities unfairly. Employers need to make sure they are treating everyone fairly and have a good reason for their actions. The law says that it’s not okay for employers to treat female caregivers differently from male caregivers. If a woman is not given a job or promotion because she has children, but a man with children is, that’s discrimination. It’s also not okay for employers to assume that women with children won’t be as committed to their jobs. Employers need to treat working mothers the same as working fathers, and they can’t make assumptions about a woman’s commitment to her job just because she has children. Employers cannot make assumptions about a person’s ability to do a job based on their gender or whether they have kids. For example, they can’t reject a woman for a job just because they think she won’t be able to work long hours because she has children. It’s not fair to judge someone’s ability to do a job based on these stereotypes. The guidance outlines examples of unfair treatment of women based on stereotypes. In one example, a detective was given less important cases after having a child, even though she kept up with her work. In another example, a professor was treated unfairly after taking time off to care for her father. Both cases show that it’s not okay to assume someone’s abilities based on their gender. Even if an employer has good intentions, they can’t make decisions based on stereotypes. The enforcement guidance shows examples of when employers unfairly stereotype female employees. In one example, a woman is assigned smaller roles at work because she’s a guardian to her niece and nephew, and then denied a pay raise for not working on bigger projects. In another, a mother is denied a promotion because the job would require her to work away from home during the week. These actions are against the law because they’re based on assumptions about what’s best for women and how they should act as mothers, instead of considering each person’s individual circumstances. Employers should base decisions on fair criteria and performance, not stereotypes about caregiving responsibilities affecting women’s work. Stereotyping can influence how people assess a worker’s performance, especially if the worker is a caregiver. This can lead to unfair treatment, like not getting a promotion, just because the person is a caregiver. It’s against the law to make work decisions based on someone being pregnant or a caregiver. This is called pregnancy discrimination. It’s important for employers to make fair decisions based on a person’s actual work performance, not on stereotypes. It’s illegal for employers to treat pregnant workers differently or unfairly. They can’t ask about pregnancy or do pregnancy tests, and they have to provide the same benefits for pregnancy as they do for other medical conditions. For example, if a pregnant employee needs some time off or different job duties, the employer has to accommodate that, just like they would for other health issues. If they don’t, it’s considered discrimination. Employers cannot treat pregnant employees or their partners unfairly based on their gender. They must provide the same leave and accommodations for childcare to both male and female employees. Employers cannot assume that men are not responsible for their pregnant spouse and must not take any negative actions against male employees because of their spouse’s pregnancy. Women of color may face discrimination based on their race and gender, such as being denied benefits that others receive or being reassigned to a different job because of assumptions about their race and pregnancy. This is not allowed under the law.

The law also says that it is not okay for an employer to treat someone unfairly because they have a family member with a disability, like a child or parent. For example, a father should not be denied a job just because he has a child with a disability and it is assumed he won’t be able to work well. Employers should focus on a person’s qualifications for the job and if they can do the work, not on assumptions about their family situation.

In both cases, it is important for employers to ask about the specific needs and abilities of the person, instead of making assumptions based on stereotypes. If someone at work is treating you badly because you are pregnant, have kids, or take care of someone with a disability, that’s not okay. It’s against the law. The company you work for has to have a policy against this kind of behavior and they have to do something about it if it happens. They also have to make sure everyone knows about the policy and is trained to not say mean things about pregnancy or caregiving. If they don’t do anything about it when you tell them, they are breaking the law. In summary, the EEOC’s enforcement guidance outlines how employers should treat employees with caregiving responsibilities. Employers should provide equal treatment to both genders and make employment decisions based on individual performance, not assumptions. It’s important for employers to review their policies to ensure compliance with these guidelines. The guidance can be found on the EEOC’s website. Scott T. Silverman is a lawyer at Greenberg Traurig in Tampa, where he focuses on labor and employment law. He helps with things like labor disputes and non-compete agreements.

Source: https://www.floridabar.org/the-florida-bar-journal/family-responsibility-discrimination-the-eeoc-weighs-in-on-unlawful-disparate-treatment-of-workers-with-caregiving-responsibilities/