New Guidelines on Caregiver Discrimination
and
Court Affirms Time Rules for Title VII
The U.S. Equal Employment Opportunity Commission (EEOC)
has issued new guidance in a document addressing discrimination
of workers with caregiving responsibilities. The document,
Unlawful Disparate Treatment of Workers with Caregiving
Responsibilities, can be found at www.eeoc.gov/policy/docs/caregiving.html.
It provides examples and clarification of what may constitute
unlawful disparate treatment under Title VII of the Civil
Rights Act of 1964 and the Americans with Disabilities Act
in regards to pregnant workers, working mothers, working
fathers, and caregivers for the elderly and individuals
with a disability. The EEOC is quick to say that the document
is not intended to create a new protected category, but
it is clearly geared toward finding and preventing discrimination
against working parents. We believe it is worth your while
to review the new guidelines, especially since it may affect
the outcome of claims employees file with the EEOC.
In an important decision this week, the U.S.
Supreme Court has agreed with employers that the timeliness
rules apply for filing discrimination claims under Title VII.
In Ledbetter v. Goodyear Tire & Rubber Co., the employee
filed a formal charge claiming a Title VII pay discrimination
claim, saying she was paid less than men in her position and
that the past pay decisions continued to affect her pay throughout
her employment. A jury initially found for Ledbetter, but
Goodyear appealed, contending that the employee's claim was
time barred for all pay decisions prior to 180 days before
her filing at the EEOC. (Under Title VII, individuals have
180 days to file with the EEOC from the event in which they
are claiming discrimination.) The appeals court, and now the
U.S. Supreme court, have agreed with Goodyear in a decision
that is good for employers, effectively solidifying the statue
of limitations period for employment decisions that affect
an employee's pay.
If you have any questions, or need further
information on either of the topics covered in this Compliance
Alert, please feel free to contact us.
(415) 454-4921 (California Office) or
(301) 253-3183 (Maryland Office) www.malyconsulting.com