AARP Hearing Center
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 in-person policies, 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 caregiver struggle 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.
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 balancing act. 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.
