KEY TAKEAWAYS:
Caregiver discrimination is not by itself unlawful under federal or Michigan law, but it can be when it is based on protected characteristics.
Employment decisions based on gender stereotypes are illegal even if they seek to benefit the employee or are well-intentioned.
Caregiver discrimination can also take the form of unlawful differential treatment when it affects individuals associated with a person who has a disability.
On March 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guide, What You Should Know About COVID-19, and the ADA, the Rehabilitation Act, and Other EEO Laws and issued a technical assistance document, entitled The COVID-19 Pandemic and Caregiver Discrimination under Federal Employment Discrimination Law. This technical assistance document details recommended best practices for employers managing workers with family caregiver responsibilities. According to the EEOC:
Caregiver status is not a protected characteristic under federal law. However, caregiver discrimination violates federal law when it is based on a protected characteristic like sex or disability.
A caregiver is not only limited to individuals who care for children but also includes workers with any type of caregiving responsibilities, including caring for spouses, partners, relatives, individuals with disabilities and others.
Employers are not required to excuse poor performance that may result from an employee's...
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