Stuart J. Ishimaru, EEOC Acting Chair, said the purpose of the document is “educating employees, employers and policymakers about why caregiver discrimination matters and how to avoid it.” There is a lot of activity “to make the federal government a model employer for thinking about these issues.”
Employers frequently request concrete examples of what they should be thinking about. The document published is a continuation of the technical assistance documents that the commission has provide over the years.
The best practices include; ensuring that managers at all levels are aware of, and comply with, the organization’s work-life policies; respond to complaints of caregiver discrimination efficiently and effectively; protect against retaliation; implement recruitment practices that target individuals with caregiving responsibilities; identify and remove barriers to re-entry for those who have taken leave for caregiving or other personal reasons; review workplace policies that limit employee flexibility; encourage employees to request flexible work arrangements; if overtime is required, make it as family-friendly as possible and promote an inclusive workplace culture.
While the best practices are said to be a technical supplement to guidance the EEOC issued in 2007, http://www.eeoc.gov/policy/docs/caregiving.html, some are concerned that this new document may confuse the public and lead them to believe that caregivers are now a protected class. Caregivers are not a protected class under the law. Best practices are merely suggestions that may or may not be reasonable depending on the job, the workplace and current circumstances.