No. In this instance, an investigation revealed that Carla was treated comparably to other employees in the firm, both male and female, who had missed deadlines on high-profile projects or otherwise performed unsatisfactorily and failed to improve within a reasonable period of time. Because the decision to transfer Carla was based on her actual work performance, the employer did not engage in unlawful sex discrimination.

Also note that while federal equal employment laws do not prohibit discrimination against caregivers per se, the Equal Employment Opportunity Commission (EEOC) has described circumstances where discrimination against caregivers might constitute unlawful disparate treatment under Title VII of the Civil Rights Act of 1964. Intentional sex discrimination against workers with caregiving responsibilities can be proven using any of the types of evidence used in other sex discrimination cases. As with any other charge, investigators should examine the totality of the evidence to determine whether the particular challenged action was unlawfully discriminatory.

Source:  EEOC Guidance: “Unlawful Disparate Treatment of Workers with Caregiving Responsibilities,” reported in the CCH Employment Practices Guide, New Developments ¶5243.