On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare providers continue to operate on hybrid schedules or may close with little advance notice. These conditions continue to place disproportionate burdens on those with caregiving responsibilities for children, spouses, partners, older relatives, and individuals with disabilities or who are immunocompromised.
Although federal employment discrimination laws do not expressly prohibit discrimination based on caregiver status, assumptions about caregiver status may result in employment decisions that impact employees in protected classes, such as women who may be assumed to have primary childcare or elder care responsibilities or those associated with persons who are disabled. Even well-intentioned decisions, such as bypassing a candidate for a promotion involving regular travel under the assumption they will want to be close to home in the event of a sudden school closure, can implicate federal employment discrimination laws. Therefore, the EEOC offers several reminders that may be particularly pertinent in the new-normal workplace:
Although employers...
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