EEOC Guidance on Discrimination against Caregivers

The EEOC just published guidelines on when discrimination against caregivers might constitute unlawful disparate treatment under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act.  The preamble stresses that, while no federal law prohibits discrimination against caregivers per se, there are circumstances in which particular employment decisions affecting a caregiver might constitute unlawful discrimination on the basis of some prohibited characteristic, such as gender, pregnancy, race, or association with a person with a disability. 

The examples are fascinating, covering a broad range of caregivers -- mothers, fathers, people caring for elderly parents and disabled spouses.  The EEOC cites many of the strong recent works of scholarship on the effect of caregiving on employment, including Joan C. Williams & Nancy Segal, Beyond the Maternal Wall:  Relief for Family Caregivers who are Discriminated Against on the Job, 26 Harv.Women's L.J. 77 (2003), Mary Still, Litigating the Maternal Wall:  U.S. Lawsuits Charging Discrimination Against Workers with Family Responsibilities (2005) and Joan Williams, One Sick Child Away from Being Fired:  When "Opting Out" is Not an Option, (2006)