May 23, 2007

EEOC Enforcement Guidance: Unlawful Disparate Treatment of Workers With Caregiving Responsibilities

In addition to prohibiting discrimination against a qualified worker because of his or her own disability, the Americans with Disabilities Act (ADA) prohibits discrimination because of the disability of an individual with whom the worker has a relationship or association, such as a child, spouse, or parent. Under this provision, an employer may not treat a worker less favorably based on stereotypical assumptions about the workers ability to perform job duties satisfactorily while also providing care to a relative or other individual with a disability. For example, an employer may not refuse to hire a job applicant whose wife has a disability because the employer assumes that the applicant would have to use frequent leave and arrive late due to his responsibility to care for his wife.