EEOC Issues Guidance on Caregiving Responsibility Discrimination

On May 23, 2007, the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance regarding discrimination against workers with caregiving responsibilities. Although the EEOC acknowledged that “caregivers” are not a protected class under the federal discrimination laws, the Guidance identifies circumstances in which it believes that stereotyping or other forms of disparate treatment would violate Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA). The Guidance, which does not have the force and effect of law, but will be used by EEOC investigators as they handle charges, signals a broadening of the Commission’s interpretation of Title VII by considering fact patterns that were not previously viewed as being covered by the discrimination laws. It also signals an increased focus on the ADA “association provision,” which includes protection for qualified individuals because of the known disability of an individual with whom the qualified individual has a relationship or association. The Guidance does not address the Family and Medical Leave Act (FMLA), which already provides eligible employees with job-protected leave to address certain caregiver issues.