You can help your company understand that to be in compliance legally, it now must do more than simply allow flexible work options for some employees.  The Equal Employment Opportunity Commission (EEOC) says employers should encourage it and make sure that there are no barriers to workers’ access to it.  It also says that employers should re-evaluate old practices that are obstacles to flexibility (like mandatory overtime) and make sure that line managers fully understand and support flexible work options.  You may want to pass on this news.

 Here’s the background:  on April 22, 2009, The EEOC issued suggestions to employers that can help them avoid discrimination problems involving their employees who have caregiving responsibilities.  In 2007, EEOC had issued guidance explaining to employers that discrimination against workers with caregiving responsibilities might constitute discrimination based on sex, disability or other characteristics protected by federal employment discrimination laws. The EEOC now suggests that employers:

1. “Encourage employees to request flexible work arrangements that allow them to balance work and personal responsibilities. Work with employees to create customized flexible work arrangements that meet the specific needs of the employee and employer. Ensure that managers do not discourage employees from requesting flexible work arrangements or penalize employees who make such requests. Flexible work arrangements may include:

• Flextime Programs. Flextime policies generally permit employees to vary their work day start and stop times within a certain range, such as allowing an employee to arrive at work at any time between 8:00 and 9:30 a.m. and then work for 8 hours.
• Flexible Week Opportunities. Flexible week opportunities may include compressed work weeks, such as a workweek consisting of four ten-hour work days.
• Telecommuting, Work-at-Home, or Flexplace Programs. These options enable employees to work from home or alternate office locations.
• Reduced-time options – These optionspermit employees to work part-time while juggling other responsibilities, such as caregiving.Reduced-time options include:
• Part-time work opportunities. Part-time workers should receive proportionate wages and benefits compared with full-time workers. Similarly, part-time workers should receive proportionate credit for relevant experience needed to qualify for promotions, training programs, or other employment opportunities.    

2. Ensure that managers at all levels are aware of, and comply with, the organization’s work-life policies. In particular, front-line supervisors, middle management and other managers who regularly interact with employees or who are responsible for assignments, leave approval, schedules, promotions and other employment terms, conditions and benefits should be familiar with the organization’s work-life policies and supportive of employees who take advantage of available programs.      

3.  Review workplace policies that limit employee flexibility, such as fixed hours of work and mandatory overtime, to ensure that they are necessary to business operations.”   

There’s more.  For the full list of suggestions, see the technical assistance document, Employer Best Practices for Workers with Caregiving Responsibilities, which is available online at http://www.eeoc/policy/docs/caregiver-best-practices.html. The best practices document supplements Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, a guidance document issued by the Commission in 2007. The 2007 guidance, available online at http://www.eeoc.gov/policy/docs/caregiving.html, examines how federal anti-discrimination laws apply to workers with caregiving responsibilities.”Virtual, flexible is increasingly recognized as not just an alternative, but as the new normal.  It is simply a requirement for most working people, no matter their age or circumstance.  And it’s the best way to do business (See, “Why Flex, Why Now?”) The EEOC’s latest issuance is simply another sign, but sometimes it takes a while for these shifts to be recognized for the permanent change they are (See “Shift Happens”)You can help your company and yourself by passing the word.