COVID-19 and Caregiver Discrimination FAQs

2 minute read

The Equal Employment Opportunity Commission (EEOC) issued FAQs regarding the COVID-19 pandemic and its effect on employees’ work and personal obligations. They address how employers may approach the competing job and caregiving demands of their employees and applicants without violating EEOC-enforced federal fair employee laws during the pandemic.

While clarifying that caregiver status alone is not a protected trait under EEOC-enforced laws, the FAQs also describe how certain employer actions related to an individual’s caregiver status may be unlawful.

Caregiver Discrimination

Caregiver discrimination is unlawful when based on a protected trait like sex, race, color, religion, disability, national origin, age (40 or older), or genetic information.

Association Discrimination

It’s unlawful to discriminate based on the protected trait of an individual for whom an employee or applicant provides care.

Caregiver Stereotyping

Employers can’t base employment decisions on stereotypes related to gender or other protected traits, even if those decision are well-intentioned.

Caregiver Accommodation

While EEOC-enforced laws don’t impose any general requirement to accommodate employees’ caregiving duties, other laws may require leave or other adjustments.

Download the bulletin for more details.

Additional Resources

FAQs on COVID-19 and Caregiver Discrimination

Employer Best Practices for Workers with Caregiver Responsibilities

Enforcement Guidance on Caregiver Discrimination

What You Should Know About COVID-19 and the ADA

This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.