The EEOC Recommendations article outlines the legal treatment of caregivers. They discuss the sex-based disparate treatment of female caregivers, the Pregnancy Discrimination, the discrimination against male caregivers, discrimination against women of color, and the unlawful caregiver stereotyping under ADA; hostile work environment harassment. The article suggests that it does not account for caregivers.
They state that “The notion of "caregivers" comprising a special class of employees is of relatively recent origin. What separates these employees descriptively from others is that they, in addition to doing paid work, are also engaged in significant care giving outside of the workplace.” Most importantly they discuss how care giving is not equally distributed across workers. Not all workers have the same responsibilities or needs of other caregivers.
The “Best Practices” Document adds several points. It suggests that particular workplace policies will not only help employers avoid violating existing law, but also promote better work/life balance for employees with such responsibilities. “Part of the EEOC's justification for prompting employers to exceed legal requirements in this regard is research showing that family-friendly workplace policies enhance productivity and aid in employee retention, both components of lowering employer costs.”
The best practices document is grouped into three categories: general; recruitment, hiring, and promotion; and terms and conditions. Within each category, it suggests specific policies that promote work/life balance. This helps to explain how thoroughly the “Best Practices” would affect the balance.
One of the biggest problems outlined in the readings is the factor that many of the persons not considered major care givers are feeling shafted. They often feel that the part-time workers are very difficult to deal with and oftentimes do not bear their fair share of the work. They find themselves resent the people who are taking advantage of this type of leave and wish they would do the same for their own personal reasons- not necessarily for care giving. As these individuals feel it is unfair, the individuals who attempt to take advantage of the opportunity feel that they are scrutinized. They are seen as not being committed or as “nickel and diming” and not sufficient in their work.
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