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Caregiver Discrimination Has No Place in the Workplace

Recognize the red flags and put an end to unfair practices

Tetra Images One small benefit for caregivers who’ve been able to work from home during the pandemic is that it helped them manage their caregiving and work responsibilities better than before. Now that more workplaces are re-establishing their , many caregivers are worried about how they’ll manage on their return. Human resource organizations are flagging caregiver discrimination lawsuits as a potential trend in employee vs. employer litigation in the coming years. Caregiver discrimination isn’t new, but now it’s in the spotlight.

Caregiver balancing act

I lived the working firsthand. Pre-pandemic, I immediately noticed a shift in how I was treated and spoken to by my employer once I started providing care for my mom who had become unexpectedly and seriously ill from cancer. I didn’t know how long I’d be caregiving; my mom was only expected to live for a month or two based on the severity of her illness. As time went on, though, the more I became certain my job was in peril if I didn’t go back full time, which added incredible stress to an indescribably stressful time. I had taken intermittent Family Medical Leave, which meant I was still responsible for my work tasks. While waiting for my mom to receive chemotherapy or radiation treatments I would scramble to make phone calls and respond to emails in the lobby or parking lot. At the end of a 16-hour day of caregiving — bone tired and beside myself — I’d crack open my laptop to catch up on assignments. Get instant access to members-only products and hundreds of discounts, a free second membership, and a subscription to AARP the Magazine. As my workload diminished and comments from my supervisors made it clear that my job would expire when my medical leave did, I sunk into depression about losing my livelihood and my mom in one swoop. I asked for an accommodation — perhaps to only have writing and research work rather than client contact and responsibility for a large case list — it was denied. And as expected, when my leave hours ran out, I was fired.

Discriminatory Statements

It can be difficult to tell discriminatory conduct from non-discriminatory conduct. Do your research and ask for help to determine whether the treatment is unkind, unfair, unlawful, or all of the above. Here are some statements that could be deemed discriminatory: Don't come back from caregiving leave and then get pregnant; if you do, you'll never make partner We gave the assignment to John because you're taking a lot of days off lately to help your dad We're moving this client to Beth so you can retire We'll revisit the idea of a promotion or raise after you're done caregiving Can't your wife take care of your mom? The pandemic shined a light on working caregivers’ delicate . While it is becoming increasingly accepted by employers that workers have personal lives, and more organizations are offering caregiving benefits and assistance, many are preparing to protect themselves from family discrimination lawsuits during the shifting remote work landscape. This has not yet been embraced by smaller employers, who may not have strong benefits or human resource staff with their finger on the pulse of this issue. And in a society where one in three workers is now a gig worker (without a traditional employer), the need for universal worker protections is becoming more evident every day. Flowers & Gifts 25% off sitewide and 30% off select items See more Flowers & Gifts offers > Caregiver discrimination lawsuits more than tripled between the early to mid 2000s. This discrimination affects all genders, backgrounds, and ages, but impacts women, older workers, and minorities more than others. drop out of the workplace three times more than males and 2 out of 3 workers over 50 adjust or leave their jobs to provide care. Make no bones about it: most older caregivers do not retire early by choice. In fact, who retired early from work because of family caregiving report that they would have stayed on the job if they had access to better support. Minority workers are also penalized more for attending to their caregiving roles. Although companies are rolling out diversity and inclusion initiatives, this has not yet caught up to the negative work impacts minority caregivers face compared to their work counterparts. Even if these issues don’t affect you directly, caregiver discrimination affects society as a whole and we can all take responsibility to minimize and prevent it. Learn about legal protections and workplace policies. Which legal protections apply to you depend on whether you work for a private or government organization and the laws in your area. There are no explicit federal laws protecting caregivers, although certain caregivers are covered by FMLA and the ADA. Only a few states specifically include family caregivers as a protected class in their laws, but almost two dozen localities have passed family responsibility discrimination protections. It’s a work in progress and more states should follow suit. Second, the organization may have procedures that give employees flexibility and accommodation during caregiving stints. Paid family leave is not guaranteed, but around 50 percent of workers do have some access to paid leave and other supportive policies and benefits through their employers. Discuss and support. Two-thirds of employees surveyed expressed concerns about their manager attitudes and skills relating to their ability to be flexible with a caregiving employee. Talk to your human resources professionals and supervisors about the importance of becoming a caring company. There is sufficient that show how it benefits companies to help its caregiver employees and that the U.S. economy will benefit by trillions of dollars sheerly by keeping caregivers in their jobs rather than terminating or forcing early retirement. Share this information and ask about your company’s plans for the future. AARP NEWSLETTERS %{ newsLetterPromoText }% %{ description }% Subscribe is a recipient of CareGiving.com's national Caregiving Visionary Award and serves caregivers across their life span through her law practice. Follow her on and . More on caregiving AARP NEWSLETTERS %{ newsLetterPromoText }% %{ description }% Subscribe AARP VALUE & MEMBER BENEFITS See more Health & Wellness offers > See more Flights & Vacation Packages offers > See more Finances offers > See more Health & Wellness offers > SAVE MONEY WITH THESE LIMITED-TIME OFFERS