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EEOC on "caregiver discrimination"



No, Congress has never seen fit to pass any general law prohibiting employers from according higher pay or faster promotions to employees whose commitment to the job is undiluted by family responsibilities at home. Which means advocates of such a prohibition are left to cobble together elements of sex discrimination law, family leave, disparate impact, disabled-rights law and so forth in hopes of attaining the same approximate result. The EEOC's new "Guidance on the Unlawful Disparate Treatment of Workers with Caregiving Responsibilities" may or may not hurry this process along. (A number of local jurisdictions, including Alaska, D.C., and various county and city governments, do have explicit bans.) Tresa Baldas at the NLJ covers the EEOC initiative and the rising volume of suits in this area; Richard Bales discusses here and here, and Michael Fox here, while the WorkLife Law Blog is devoted to promoting bans of this sort.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.