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Jun17
EEOC Guidance on Care giving

The following is not meant to be legal advice.

 

On May 23, 2007, the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on discrimination against workers with care giving responsibilities.  The Enforcement Guidance does not have the force and effect of law.

 

Caregivers are not a protected class under the federal discrimination laws, but disparate treatment would violate Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA). Pregnant women, mothers, unmarried women, fathers, and grandparents may have care giving responsibilities. Care giving responsibilities include employees’ responsibilities to care for children, elderly or disabled family members.

 

Care giving responsibility discrimination occurs when an employer’s decision affecting a care giver discriminates on the basis of a protected characteristic under Title VII or the ADA. 

The Family and Medical Leave Act also provides eligible employees with job-protected leave to address certain care giver issues.

 

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