The EEOC signaled its interest in the emerging area of family responsibility discrimination by holding a public meeting April 17 to discuss work/family balance and its intersection with federal anti-discrimination laws.

The agency is considering developing enforcement guidance on the topic, according to an EEOC statement.

“Fortunately, many employers have recognized employees' need to balance work and family and companies have responded in very positive and creative ways,” EEOC Vice Chair Leslie Silverman said in the statement. “Unfortunately, not all caregivers work in hospitable environments. We hear from caregivers who face barriers, stereotyping and unequal treatment on the job.”

The Center for WorkLife Law at the University of California, Hastings College of Law released a study last year called “Litigating the Maternal Wall,” which found that lawsuits claiming discrimination based on caregiving responsibilities increased 400 percent between 1996 and 2005.

“Motherhood causes women to be viewed through the lens of stereotypes,” Joan Williams, director of the Center for WorkLife Law, told the EEOC. “This helps explain why women who are on the superstar track often find their careers derailed once they have children.”

Elizabeth Grossman, regional attorney for the EEOC's New York District Office, noted that pregnancy discrimination cases have increased 45 percent between 1992 and 2006.

“Unfortunately, we have found that employers' discriminatory behavior does not end with the birth of a child,” Grossman told the meeting. “In some instances, employers' stereotypical attitudes about new mothers' abilities to perform their jobs remain a reality and leave many women insecure about their chances of successfully resuming their careers after childbirth.”