Employment Discrimination Against Caregivers Under Federal Law

Many employees carry the personal responsibility to provide care for their children or for others. In addition to the large number of employees who care for their children, more than 20 percent of Americans who work a full- or part-time job report being responsible for at least the part-time care of a disabled relative or a child with special needs. Sometimes the challenges of balancing job responsibilities and caregiving responsibilities are increased by employer assumptions regarding caregiving workers. When hiring, promotion, or other work-related decisions are based on stereotypes and assumptions, employers may be unlawfully discriminating against applicants and employees.

Being a caregiver is not a protected characteristic under a specific federal law, but the protections of federal discrimination laws will be available to caregivers when decisions or actions regarding their employment violate the law. Discrimination against a caregiver can violate federal employment discrimination laws when it is based on a protected characteristic such as the race, gender or age of the applicant or employee. In addition, the Americans with Disabilities Act (ADA) provides protection from employment discrimination based on association with an individual with a disability. 

Examples of when discrimination against a caregiver may violate federal nondiscrimination laws:

• A supervisor harasses an employee who has requested state or federally job-protected leave to provide care for an ailing parent.
• A manager does not consider an employee for a promotion based on the assumption that the employee’s caregiving responsibilities would limit availability for travel or for additional time needed for new assignments.
• An employer refuses to hire a female applicant based on the assumption she would or should focus on caring for her young children rather than the demands of the job.
• An employer penalizes female employees more harshly for absences related to caregiving than similarly situated male employees.

The Equal Employment Opportunity Commission (EEOC) addresses when and how employment actions regarding caregivers can violate discrimination laws in several technical assistance guides. The most recent EEOC publication on this topic is COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws.  https://www.eeoc.gov/laws/guidance/covid-19-pandemic-and-caregiver-discrimination-under-federal-employment  The guidance looks at the issue in the context of COVID-19 care but covers many common situations faced by all caregivers in seeking and maintaining employment.

Other EEOC publications on this issue include:

Employer Best Practices for Workers with Caregiving Responsibilities https://www.eeoc.gov/laws/guidance/employer-best-practices-workers-caregiving-responsibilities

Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities https://www.eeoc.gov/laws/guidance/enforcement-guidance-unlawful-disparate-treatment-workers-caregiving-responsibilities

Questions and Answers About Unlawful Treatment of Workers with Caregiving Responsibilities https://www.eeoc.gov/questions-and-answers-about-eeocs-enforcement-guidance-unlawful-disparate-treatment-workers