NEW YORK NURSE: September 2009

RNs at work

Discrimination against caregivers

I understand that the Equal Employment Opportunity Commission has issued new guidelines on disparate treatment of family caregivers. I may soon be caring for a parent with terminal cancer. How could this affect me?

Under the new EEOC guidelines, employers may not discriminate against employees who are responsible for caring for a family member. If you are denied employment opportunities or threatened with termination because you have a sick family member at home, you could have a valid discrimination claim. Discrimination (or disparate treatment) could occur if it is based on any one of the characteristics protected by law.

Unlawful disparate treatment arises when a worker is subject to discrimination based on:

Gender (Title VII of the Civil Rights Act 1964)
Compelling family responsibilities (Family Medical Leave Act)
Relationship with an individual with a disability (Americans With Disabilities Act)

Some examples of discrimination against caregivers:

Denying employment opportunities (such as clinical ladders and on-call assignments) to an employee with young or disabled children.
Denying an employment opportunity (such as a promotion or transfer) based upon the assumption that the employee will be less committed to her or his job.
Denying a man a caregiver leave when such leave is usually granted to a woman.
Denying an employment opportunity based upon the assumption that care-giving responsibilities will make the employee unreliable or unavailable.

If you believe you have been treated differently by your employer because of your caregiving responsibilities, contact your NYSNA nursing representative or a local office of the EEOC.

The NYSNA EGW Program receives many inquiries each month from members who have problems in their workplaces. If you have a question about labor relations at your facility, contact your NYSNA nursing representative. If you have a question you think should be featured in this column, send it to: RNs at Work, NYSNA, 120 Wall Street, 23rd Floor, New York, N.Y. 10005.