Although EEOC-enforced laws do not prohibit employment discrimination based solely on an employee’s caregiving status, they do prohibit employers from taking adverse actions based on certain “protected traits,” even where those actions are well-intentioned. These laws also prohibit discrimination based on a protected trait of an individual for whom an employee provides care. Protected traits include race, color, religion, national origin, sex, age (40 or older), disability and genetic information.

     In general, there is no requirement for employers to accommodate an employee’s caregiving duties under EEOC-enforced laws. However, other laws (such as the Family and Medical Leave Act) may require leave or other adjustments. Employers may also choose to provide accommodations for caregiving duties, as long they do so consistently and without discriminatory intent or effect based on a protected trait.