Caring for caregivers: Understanding caregiver discrimination under federal laws

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when facilities such as schools, daycares, or nursing homes have quarantine or closure requirements that directly conflict with an employer’s quarantine or remote-work policy. The U.S. Equal Employment Opportunity Commission (EEOC) has released a technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.” It also has released an update to its COVID-19 questions and answers series, explaining discrimination against employees and job seekers with family caregiving responsibilities.

What employers should know about caregiver discrimination

You will benefit by understanding two things: first, what federal employment discrimination laws may be implicated relating to caregivers; and second, how your policies can be drafted so caregivers and caregiving responsibilities are addressed.