A new enforcement guideline was issued last week by the EEOC. The guideline is aimed at heightening corporate awareness that current discrimination laws apply to caregivers. The guidance clearly spells out how current laws that prohibit gender, pregnancy, or disability-based discrimination can apply to caregivers. It also seeks to dispel the misconception that, although the most common form of caregiver discrimination, bias against mothers is not the only legal violation of this type: men and women who provide care for a wide range of others are protected under these premises. The guideline clearly elucidates what may qualify one as a “caregiver,” what separates fair employee scrutiny and a discriminatory act, and provides examples to further further demonstrate its point.

This issuance serves a couple purposes. First, it reacts to the increasing number of caregivers entering the workforce. It also sets the stage for new EEOC litigation. Look for the number of caregiver discrimination lawsuits filed by the commission to rise in the coming months.

Commentary:You can view/download the actual guidelines directly from the EEOC’s website here. Will this guidance open up a flood of new litigation? We suspect that it will certainly have an impact. For example, pregnancy discrimination cases have been on the rise in recent years with the EEOC – and we see this form of discrimination as somewhat analogous.