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Gender Discrimination Claims After Ledbetter
Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations. On May 23, 2007, the EEOC issued Enforcement Guidance regarding the 'Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.' While the Enforcement Guidance does not create a new class of employees protected by Title VII of the 1964 Civil Rights Act ('Title VII') or the Americans with Disabilities Act ('ADA'), it calls attention to the pitfalls of potential discrimination against employees who are also caregivers to children, parents, or disabled family members. A few days later, on May 29, 2007, the U.S. Supreme Court decided Ledbetter v. Goodyear Tire & Rubber Co., Inc., 127 S. Ct. 2162 (2007), clarifying the statute of limitations period in which an aggrieved employee may bring a disparate treatment claim for gender-based pay discrimination. Both the Enforcement Guidance and the Ledbetter decision have practical consequences for employers, especially in light of the increasing number of women in the workforce and changing societal gender roles and irrespective of the success or failure of Congressional efforts to undo the Ledbetter decision. The New York Times reports that the 'gender revolution' is developing into a 'gender convergence' as men as women share increasing similarities in their desire to balance work and a home life. Patricia Cohen: Signs of D'tente in the Battle Between Venus and Mars. N.Y. Times, May 31, 2007, at A13. Various social studies show that the values of men and women now meet in the middle with both sharing a mutual desire to have a career and raise children. Id. As a result, cutting-edge employers are providing benefits like parental leave or flexible working times to retain top talent. See Id. In that quest, however, employers must be cautious not to run afoul of labor and employment laws even when an employer acts with the best of intentions.
EEOC Guidance
The EEOC's Enforcement Guidance recognizes the relatively recent workplace phenomenon defining the current generation of employees who, outside of work, also care for children, aging parents, or both. In January 2006, 22.4 million American households (approximately one in four American families) cared for someone over 50 years old. See www.4woman.gov/faq/caregiver.htm. At that time, this number was expected to reach 39 million American families by 2007. 75% of these caregivers are women and two-thirds of caregivers have jobs outside of caretaking. Id. The Guidance illuminates possible Title VII or ADA violations when employers take action based on beliefs about mothers, association with a disabled person, or caregivers because of gender-based assumptions or speculation as opposed to actual work performance.
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