(from Schwartz Hannum PC) The federal Equal Employment Opportunity Commission (EEOC) recently released an update to its formal guidance document on workplace discrimination against caregivers. The update was prompted by the COVID-19 pandemic but applies to all situations, pandemic related or otherwise. An employee is not automatically protected from adverse action under federal law simply because the employee is a caregiver for a child or other family member. However, employers are prohibited from treating caregivers differently based on a protected characteristic, such as sex, pregnancy, sexual orientation, gender identity, race, religion, national origin, age, or disability. Examples of workplace harassment in the caregiving context based on a protected characteristic include:
- Disparaging female employees for focusing on their careers rather than their families during a pandemic;
- Criticizing or ridiculing male employees who take leave to care for a child quarantined after COVID-19 exposure;
- Asking intrusive questions or making offensive comments about the sexual orientation of a LGBTQ+ employee who requests leave to care for a spouse or partner who has COVID-19.
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