×
Saturday, October 17, 2026

EEOC Says Discrimination Against Caregivers Can Violate Employment Discrimination Laws: Five Takeaways for Employers - JD Supra

Although COVID-19 cases have been steadily decreasing recently, human resources personnel, corporate in-house counsel, and front-line managers continue to grapple with issues surrounding employees’ caregiving obligations in the wake of the pandemic. These obligations may include caring for a child whose school or daycare facility unexpectedly closed down due to an outbreak, caring for a family member who has contracted COVID-19 or whose mental health disability has worsened during the pandemic, or having to quarantine unexpectedly due to exposure to someone infected with COVID-19. In light of these increased caregiving responsibilities, many employers have been asked to provide more flexibility in the form of modified work schedules, telework (in many cases on a permanent basis), extended periods of leave, and modified job duties.

The Equal Employment Opportunity Commission just released guidance to clarify circumstances under which discrimination against a person with caregiver responsibilities in the age of COVID may be unlawful under federal employment discrimination laws. Importantly, the federal EEO statutes do not prohibit discrimination based solely on caregiver status. Instead, the Commission explains in its guidance that “caregiver discrimination” violates federal law only if it is based on:

  • An applicant’s or employee’s sex (including pregnancy, sexual orientation, or gender identity), race, color, religion, national origin, age (40 or older), disability, or...


Read Full Story: https://www.jdsupra.com/legalnews/eeoc-says-discrimination-against-9368717/