Throughout the pandemic, employers have dealt with employees with disclosed or assumed caregiving responsibilities at home. The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance on how to address these sensitive issues without violating federal employment discrimination laws.
Don’t make decisions based on gender or other stereotypes
The EEOC warns employers not to make hiring, promotion, or project assignment decisions based on the persistent stereotype that women are the primary household caregivers. “For example,” says the agency, “it would violate the law if an employer refused to hire a female applicant or refused to promote a female employee based on assumptions that, because she was female, she would (or should) focus primarily on caring for her young children while they attend school remotely, or on caring for her parents or other adult relatives.”
Similarly, an employer may not deny leave or flexible work scheduling to men for COVID-19-related home care, because men are the presumed household breadwinner, where such options are routinely granted to female employees.
Neutral, consistently applied policies will avoid more than gender stereotypes. An employer violates the Americans with Disabilities Act if it discriminates against an applicant or employee because of the individual’s association with a disabled individual. It would be unlawful, then, “for an employer to refuse to promote an employee who is the primary caregiver of a child...
Jon Gosselin is one proud father in the wake of his son Collin Gosselin’s debut tell-all memoir. “First and foremost, I couldn’t be more proud of my son’s heartbreaking memoir and his mission to h...