The Equal Employment Opportunity Commission recently issued guidance to help employers avoid discrimination lawsuits filed by workers with caregiving responsibilities.

Under the guidance, employers are prohibited from:
â?¢ Assuming that female workers who work part-time or take advantage of flexible work arrangements are less committed to their jobs than full-time employees.
â?¢ Assuming that male workers do not, or should not, have significant caregiving responsibilities.
â?¢ Steering women with caregiving responsibilities to less prestigious or lower-paid positions.
â?¢ Treating male workers with caregiving responsibilities more, or less, favorably than female workers with caregiving responsibilities.

The EEOC guidance provides suggestions for best practices that employers may adopt to reduce the chance of EEO violations against caregivers.

General Guidance
â?¢ Train managers about, the legal obligations that may impact decisions about treatment of workers with caregiving responsibilities.
â?¢ Develop, disseminate, and enforce a strong EEO policy that clearly addresses the types of conduct that might constitute unlawful discrimination against caregivers based on characteristics protected by federal anti-discrimination laws
â?¢ Ensure that managers at all levels are aware of, and comply with, the organizationâ??s work-life policies. In particular, front-line supervisors and other managers who regularly interact with employees and are responsible for assignments, leave approval, schedules, promotions and other employment terms, conditions and benefits.
â?¢ Respond to complaints of caregiver discrimination efficiently and effectively.
â?¢ Protect against retaliation.

Recruitment, Hiring, and Promotion Guidance
â?¢ Focus on the individual’s qualifications for the job in question. Do not ask questions about their children, plans to start a family, pregnancy, or other caregiving-related issues.
â?¢ Develop specific, job-related qualification standards for each position that reflect the duties, functions, and competencies of the position, and make sure these standards are consistently applied when choosing among candidates.
â?¢ Ensure that job openings and promotions are communicated to all eligible employees regardless of caregiving responsibilities.
â?¢ Implement recruitment practices that target individuals with caregiving responsibilities who are looking to enter or return to the workforce.

Failure to give applicants or employees a fair shake at open positions because of known or suspected caregiver responsibilities could get your organization involved with an EEO discrimination claim.

Privileges of Employment Guidance
â?¢ Monitor compensation practices and performance appraisal systems for patterns of potential discrimination against caregivers.
â?¢ Review workplace policies that limit employee flexibility, such as fixed hours of work and mandatory overtime, to ensure that they are necessary to business operations. Make required overtime as family-friendly as possible.
â?¢ Encourage employees to request flexible work arrangements.
â?¢ Post employee schedules as early as possible for positions that have changing work schedules so that employees can address personal responsibilities.

Conclusion
Disparate treatment based upon oneâ??s caregiver status alone does not support a discrimination claim. However, the guidance makes clear the interplay between oneâ??s caregiver status and those characteristics that are protected under the law, including gender, race, and disability. Therefore, an employer cannot take adverse action against an employee with caregiving responsibilities where the action is linked to an employeeâ??s protected category.