Homecare Service Provider Cannot Discriminate against Male Caregivers

Last week, the Department of Labor entered into a conciliation agreement to settle claims of sex discrimination by men who applied to work as in-home care providers for a homecare services business, Res Care. The case was pursued by the DOL because ResCare is a federal contractor. The DOL concluded that more than 70 male applicants were denied full consideration during the application process, and that the employer’s claim that female clients requested female caregivers (thus justifying the rejection of male applicants), was not supported by evidence. To the contrary, the DOL’s investigation disclosed that most clients did not have a gender preference and almost none of the client care plans recommended a caregiver of a particular gender. The conciliation agreement requires ResCare to pay $92,059 in back pay and interest to the rejected applicants, to hire qualified male applications as positions become available, and undertake other measures to ensure compliance with the law.

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