An Overview Of Legal Protections For Caregiver Discrimination

Caregiver discrimination affects millions of employees managing care responsibilities alongside work. Many face biases rooted in outdated views about gender roles and caregiving duties. This form of discrimination can include denying promotions to parents, refusing to hire primary caregivers, or punishing employees who request flexible schedules to care for the family.

The COVID-19 pandemic has brought more attention to these issues but also intensified challenges for caregivers, especially women. Understanding the legal landscape can help workers recognize their rights and seek fair treatment.

What Is Caregiver Discrimination?

Caregiver discrimination occurs when workers face unequal treatment because of their caregiving roles. Examples include being passed over for raises due to childcare duties or being disciplined more harshly when family needs affect work attendance.

Courts recognize that these biases disproportionately impact women and people of color, who often bear greater caregiving responsibilities. Such workplace actions violate protections against sex discrimination when based on stereotypes about caregivers’ commitment or ability.

Federal Protections Against Discrimination

Though no federal law directly names caregiver discrimination, existing statutes offer safeguards. Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on sex.

Courts have applied Title VII to caregiver cases by recognizing “sex-plus” discrimination, where gender combines with caregiving status to cause unfair treatment. The Pregnancy Discrimination Act, an extension of Title VII, protects pregnant workers from bias related to pregnancy and childbirth. However, it does not cover all caregiving issues.

The Americans with Disabilities Act also shields workers who care for disabled family members. Known as “associational discrimination,” this protection guards caregivers from unfair treatment due to stereotypes about their reliability or availability.

The Family and Medical Leave Act (FMLA) allows eligible workers unpaid leave to care for family members and protects them from retaliation. Nevertheless, FMLA applies only to larger employers and long-term employees.

State and Local Laws Strengthen Caregiver Rights

Since federal protections leave gaps, many states and cities have passed laws explicitly prohibiting caregiver discrimination. These laws often cover “parental status” or “family responsibilities,” although their definitions vary.

Some states narrowly protect parents of minor children, while others adopt broader terms that include caregivers of elders or other dependents. These expanded protections better reflect real caregiving situations and offer stronger workplace rights.

Addressing Stereotypes and Bias

Stereotypes about caregivers’ dedication and competence remain a key challenge. Employers may wrongly assume caregivers cannot fully commit to their jobs, which affects hiring, promotions, or work assignments.

The Equal Employment Opportunity Commission (EEOC) has issued guidance clarifying that treating caregivers differently based on these assumptions violates discrimination laws. This includes asking female applicants about childcare but not male applicants or assigning caregivers to lower-paid roles.

How Sirmabekian Law Firm Can Assist You

If you face caregiver discrimination, skilled legal support can make a difference. Sirmabekian Law Firm knows how family duties intersect with work rights. Our experienced team helps employees navigate complex discrimination claims, fighting for fair treatment and compensation.

Reach out to our discrimination lawyer to discuss your situation. We also support cases involving age bias; connect with our age discrimination lawyer for guidance tailored to your needs. Your rights as a caregiver deserve strong advocacy, and we are here to stand with you.