Alaska Employment Law

On Wednesday, May 23rd, the EEOC issued a
Guidance on discrimination against caregivers under Title VII, the ADA, and the FMLA.  The agency summarizes:

Although the federal EEO laws do not prohibit discrimination against caregivers per se, there are circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The purpose of this document is to assist investigators, employees, and employers in assessing whether a particular employment decision affecting a caregiver might unlawfully discriminate on the basis of prohibited characteristics under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act of 1990. This document is not intended to create a new protected category but rather to illustrate circumstances in which stereotyping or other forms of disparate treatment may violate Title VII or the prohibition under the ADA against discrimination based on a worker’s association with an individual with a disability. An employer may also have specific obligations towards caregivers under other federal statutes, such as the Family and Medical Leave Act, or under state or local laws.

See Workplace Prof for commentary on the new Guidance.  The Center for WorkLife Law at the University of California-Hastings has good publications on this area of law.