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COVID-19 and Caregiver Discrimination FAQs

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

5 ways to support employee mental health

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.

National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Erin Woulfe

Erin Woulfe

Erin Woulfe likes to write about things that matter. Keeping her finger on the pulse of what’s happening in the public sector world, she blogs about the latest legislative news and employee benefit trends that affect our school, city and county clients. She’s been with NIS since 2002. “I love connecting to our clients and providing them with the tools they need in order to administrate their plan,” says Erin. “Whether that be materials to educate their employees on certain benefits, how to effectively communicate change within an organization, or providing tips and how-to’s to help them make their job easier.”