On March 14th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated technical assistance to answer COVID-19 questions related to various laws under the agency. In particular, the technical assistance provides information regarding the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The agency’s answers also address other federal, state, and local laws protecting against discrimination. All in all, the EEOC stresses that as the COVID-19 pandemic indeed continues to evolve, employers should always follow the most current information on workplace discrimination prevention. Previously, on December 14th, 2021, the EEOC updated its guidance to clarify when COVID-19 qualifies as a disability.

COVID-19 Pandemic and Caregiver Discrimination

Significantly, the COVID-19 pandemic has affected the various work and personal obligations of a large portion of the nation’s workforce. These disruptions include frequent changes in work location, schedules, and even work status. In the end, the disruptions keenly affect workers who provide care to children, spouses, relatives, and individuals with disabilities. The evolving pandemic continues to make the heavy load that working caregivers carry difficult to balance. Because of this, the EEOC stresses that under the ADA, employers may not discriminate against workers with caregiving responsibilities. Protected caregivers include those responsible for individuals with disabilities, children, a spouse, or a parent with a disability. Additionally, the law protects against employment discrimination based on assumptions about caregivers and their responsibilities.

Answers to ADA-Related and Other COVID-19 Questions

Specifically, the recent additions to the EEOC’s COVID-19 technical assistance are found in Section I of the document. These specific COVID-19 questions cover scenarios that could lead to discrimination of protected caregiving employees during the pandemic. Employers will find the following questions and answers helpful to ensure compliance with federal, state, and local anti-discrimination laws:

Q. If an employer provides telework, modified schedules, or other benefits to employees with school-age children due to school closures or distance learning during the pandemic, are there sex discrimination considerations?
A. Employers may not treat employees differently based on sex or other protected characteristics when providing any flexibilities and accommodations for caregiving employees.

Q. How might unlawful caregiver discrimination related to the COVID-19 pandemic arise under the laws enforced by the EEOC?
A. Under various laws the EEOC enforces, caregiver discrimination may arise out of sex or gender stereotypes, race or national origin, and disability-related issues. Indeed, scenarios related to lost promotions, failure to accommodate, or benefits discrimination may arise.

Q. Are these legal protections available only to workers caring for children, or are they also available to workers with other caregiving obligations?
A. In fact, laws under the EEOC protect all workers with caregiving responsibilities. In effect, this includes caring for children, partners, relatives, spouses, and individuals with disabilities.

Q. Should employers and employees be aware of any other pandemic-related caregiver discrimination issues?
A. There are many potential issues related to pandemic-related caregiver discrimination. For example, other sections of the technical assistance address:

  • pregnancy-related discrimination,
  • accommodations related to COVID-19,
  • family members with COVID-19 symptoms, and
  • other COVID-19 questions regarding laws the EEOC enforces.

More information

In order to ensure compliance with federal, state, and local anti-discrimination laws during the evolving pandemic, employers may access various sources of related information. The EEOC released a related technical assistance document focusing on the pandemic and caregiver discrimination. Finally, the agency also provides guidance outlining best practices for employers of caregiving workers.