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New EEOC Guidelines Regarding Disparate Treatment of Employees with Caregiving Responsibilities

June 2007
Employment Law Notes
As the Baby Boom generation continues to age and women continue to comprise a greater percentage of the workforce, the number of employees responsible for aging family members and children will increase. In response to this trend, on May 23, 2007, the Equal Opportunity Commission (EEOC) issued new enforcement guidance on how disparate treatment of employees who care for children, spouses, parents, in-laws, elder, or disabled persons may violate Title VII of the 1964 Civil Rights Act. The guidelines do not create a new protected category of employees with caregiving responsibilities. However, they make clear that disparate treatment of employees with caregiving responsibilities can amount to prohibited discrimination under Title VII or the Americans with Disabilities Act (ADA).