The EEOC recently issued enforcement guidance declaring that disparate treatment of employees who care for children, parents or other family members violates federal law.

“Disparate treatment” generally means an employer intentionally treated employees differently because of a protected factor such as race, gender, age or—in this case—their need to care for family members.

According to the federal agency, the guidance is designed to “assist investigators, employees and employers in assessing whether a particular employment decision affecting a caregiver might unlawfully discriminate on the basis of prohibited characteristics under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA) of 1990.” The EEOC clarified, however, that the document is not intended to create a new protected category of employees with caregiving responsibilities.

The guidance highlights several forms of caregiving t...(register to read more)

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