As the number of employees requesting flexible work arrangements increases, the Equal Employment Opportunity Commission (EEOC) has released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” and an update to its COVID-19 “What You Should Know” to address employees and job seekers with family caregiving responsibilities.
The new EEOC guidance highlights potential issues and scenarios that could lead to discrimination claims based on caregiver responsibilities, and it offers important reminders for employers dealing with employees’ flexible work requests.
There is generally no right under federal employment discrimination laws to reasonable accommodations based on caregiver status (absent a potential need to accommodate employees temporarily disabled by pregnancy, childbirth, or related medical conditions). However, as the EEOC highlighted, employees with caregiving responsibilities may have rights under other laws, such as leave for covered caregiving purposes under the Family and Medical Leave Act or similar state or local laws.
Even as COVID-19 pandemic conditions improve, the challenge of juggling work and caregiver responsibilities remain an important concern for employees. To address this, and to attract and retain top talent in a difficult labor market, many employers are looking to provide flexible arrangements for employees, generally, or specifically to those with caregiver...
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