What protections are afforded on the basis of status as a caregiver?

Caregiver is not a protected status under federal EEO laws, which do not prohibit discrimination based solely on parental or other caregiver status. Discrimination under federal EEO laws must be based on a protected characteristic such as sex or race. However, some state or local laws may provide broader protections for caregivers. A particular caregiver also may have certain rights under other federal laws, including the Family and Medical Leave Act.

Nevertheless, an organization’s effective handling of workers’ caregiving responsibilities has become a significant issue of risk management. Between 1996 and 2005, the number of family responsibilities discrimination lawsuits grew by nearly 400% from the previous decade, according to a June 2006 study by the Center for WorkLife Law at the University of California Hastings College of the Law. Such lawsuits involve numerous types of claims under federal and state laws, including:

• gender stereotyping,

• sex-plus discrimination,

• pregnancy discrimination,

• hostile work environment,

• retaliation,

• disparate treatment,

• disparate impact,

• Family Medical Leave Act interference,

• Family Medical Leave Act discrimination,

• Family Medical Leave Act retaliation,

• Title IX violation,

• Employee Retirement Income Security Act violation,

• Americans with Disabilities Act association clause violation,

• Equal Pay Act violation,

• breach of contract,

• tortious interference with contract,

• wrongful discharge, and

• other claims if caregiving facts were alleged.

See ¶72,800 for examples of situations in which discrimination against a caregiver violates federal EEO laws.