Caregiver Discrimination: Is Your Company Prepared?

When you consider the composition of your workforce, it is likely the vast majority of your employees have or will have caregiving responsibilities.  In today’s society, caregivers are not defined by gender.  Both male and female workers may be responsible for the care of a child, sick spouse, or elderly parent.  Yet, caregiver discrimination is often the result of gender stereotyping.  In its 2007 publication, Enforcement Guidance: Unlawful Disparate Treatment of Workers With Caregiving Responsibilities, the Equal Employment Opportunities Commission (the “EEOC”) described the underlying issue:

Women with caregiving responsibilities may be perceived as more committed to caregiving than to their jobs and as less competent than other workers, regardless of how their caregiving responsibilities actually impact their work. Male caregivers may face the mirror image stereotype: that men are poorly suited to caregiving. As a result, men may be denied parental leave or other benefits routinely afforded their female counterparts.

Gender stereotyping can lead to significant risks for employers. For example, companies should not treat men and women differently in the application of leave. Disparate treatment can lead to violations of not only Title VII (e.g. discrimination based on sex), but also the Family Medical Leave Act (“FMLA”), which provides eligible employees unpaid, job-protected leave for up to 12 work weeks a year for qualifying events, such as the care of a newborn, adopted child, sick family member, or certain exigencies affecting a covered military member, arising out of military service.

These claims can be greatly minimized through awareness and appropriate practices.  Employers must ensure managers are aware of and trained on the company’s legal obligations that may impact employees with caregiving responsibilities. Ensure your company is compliant with EEOC policies and maintains best practices to mitigate the risk of gender stereotyping and caregiver discrimination.  Contact Beresford Booth for management training and implementation of best practices.

Beresford Booth (425.776.4100), www.beresfordlaw.com

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