During the pandemic, many employees also assumed the role of a caregiver as states passed quarantine requirements or when schools, care facilities, childcare centers or businesses closed. The U.S. Equal Employment Opportunity Commission (EEOC) recognizes that as the country moves away from the changes passed during COVID-19 and towards a "new normal," employees may still have caregiving obligations. As such, the EEOC attempts to ensure that caregivers' rights are upheld and that employers understand the responsibilities their employees hold outside of work.

On March 14, 2022, the EEOC released a document, "The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law" and an update explaining discrimination against employees and job seekers with family caregiving responsibilities.

Among other things, the document serves as technical assistance outlining how discrimination against employees and job applicants with caregiving responsibilities can violate the federal equal employment laws when based on a protected class. It provides pandemic-related examples of discrimination against caregivers. For instance, "it would be illegal if an employer refused to hire an applicant who is the primary caregiver of an individual with a disability who is at higher risk of complications from COVID-19 out of fear that the employer's healthcare costs would increase." Another example, "it would be unlawful for an employer to refuse to promote a woman based on assumptions that, because she was female, she would focus primarily on caring on her children when they quarantined or attended school remotely."

If employees or job applicants with caregiving responsibilities believe that they have been discriminated against on any protected basis, they may file a charge of discrimination with the EEOC.