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Total Articles: 3

Happy Mother's Day!

In honor of Mother’s Day, we consider how employers can create workplace policies that recognize the needs of employees – mothers, fathers, even neighbors – with caregiving responsibilities.

EEOC Supplements Its 2007 Guidance Regarding Caregiver Discrimination.

In 2007, during a nationwide upsurge in pregnancy discrimination claims, the Equal Employment Opportunities Commission (EEOC) released a set of guidelines advising employers on issues related to caregiver bias. On April 22, 2009, the EEOC further supplemented those guidelines with specific recommendations designed, it said, to help employers to “reduce the chance of EEO violations against caregivers, and to remove barriers to equal employment opportunity.” The document can be found at www.eeoc.gov/policy/docs/caregiver-best-practices.html.

Societal Stereotypes About Women May Support Title VII Discrimination Claim.

Title VII does not include “care-giver” as a separate category for purposes of protection against discrimination. However, in a decision involving the failure to promote a woman with four young children, the 1st U.S. Circuit Court of Appeals has reminded us that one important premise of Title VII’s gender discrimination provision is that “women have the right to prove their mettle in the work arena without the burden of stereotypes regarding whether they can fulfill their [work-related] responsibilities.”