Guidelines On Workplace Caregiver (Working Moms) Discrimination
Caregiver Discrimination Lawsuits Lead EEOC To Develop Current Discrimination Guidelines
There is nothing new about discrimination lawsuits being filed
by pregnant women or working mothers in the United States. As
more women enter the workforce, the number of discrimination complaints
has increased. Of course, this kind of discrimination is quite tricky
to prove.
EEOC Guidelines Give
Guidance On Workplace Caregiver Discrimination
Federal authorities have issued new guidelines regarding the
mistreatment of working mothers and caregivers. Due to the increasing
conflicts caregivers face between family and work, it is the hope of
the Equal Employment Opportunity Commission that there is a decrease in
this tricky kind of discrimination. The EEOC’s guidelines provide
guidance on how best to review the evidence. These guidelines recognize
when and how theories regarding traditional social roles can contravene
prevailing laws that prohibit workplace discrimination.
According to the EEOC, this type of criminal bias is known as caregiver
discrimination. The effects of this caregiver discrimination cause what
the Commission notes as a “maternal wall” that limits caregivers’
employment opportunities. This bias typically encompasses the woman’s
need to work while acting as the primary caregiver in the family.
Yes, male caregiver discrimination is also illegal. However, the EEOC
initiative is primarily aimed at women because they’re the ones most
likely affected by family duties. And, as a consequence, employers tend
to view them as less committed than male counterparts – regardless of
whether the perception is real or imagined.
The latest guidelines from the EEOC provide examples of evidence the
Commission views as unlawful discrimination. When evaluating any
caregiver bias claims, the Commission will look at several things
including but not limited to:
1 – If an employer asked female applicants if they’re married or have
kids
2 – If an employer made any stereotypical or derogatory statements
about working moms or pregnant women.
3 – If their treatment of women is less favorable after disclosure of a
pregnancy.
The EEOC notes that the problem is brought on by both the accidental
and deliberate expectations employers tend to have. The Commission
realizes that stereotypes regarding childcare and the impact of
person’s commitment to the job are sometimes benign; but, still deems
it illegal. According to the EEOC, any negative actions taken on sex
stereotypes is a clear violation of the law even when the employer is
not acting in a hostile manner.
What Can Employers Do To
Ensure They Are Following The Law
Employers may be wondering what they can do to ensure they are
following the letter of the law. The first thing they must do –
regardless of the company size – is learn how gender roles will impact
the decisions (regardless of whether it is male or female making the
decision). The second thing they need to review for possible bias is
parental leave, hiring and promotions by looking closely at managers’
attitudes and how choices they make will influence the decisions they
come up with.
How To Combat This Type
Of Discrimination
Businesses ought to put together a complaint and fact-finding technique
that allow employees somewhere they can go if they feel they are being
discriminated against. The system along with the
anti-discrimination training could help stave off lawsuits before
they’re in the hands of a judge who will decide if a company did or did
not discriminate against its employee.