Parental Leave Discrimination

Have you been unlawfully denied parental leave?

Have you been unlawfully denied parental leave?

Quality time to bond with and care for a new child is critically important.  Every parent – not just those who give birth – should have the right to take parental leave, regardless of what their family looks like or what their gender is.

Unfortunately, many employers discriminate by denying parental leave to male employees and other non-birth parents.  These policies can violate the law and perpetuate unlawful stereotypes that women are supposed to care for their children and not work, and men are supposed to work and not care for their children.  These policies hurt women, men, and all parents.  They make our workplaces less equal and dynamic, and it’s time to make them a thing of the past.    

Although federal law does not mandate paid parental leave, employers who offer paid parental leave may violate the law under certain circumstances if they provide more parental leave to women than to men, or provide more parental leave to birth parents than adoptive parents.  Under federal law and many state laws, a paid maternity-paternity leave policy or parental leave policy is unlawful if the disparity in paid leave between a birth mother and a birth father is greater than the time it ordinarily takes a birth mother to recover from giving birth, which is typically six weeks (or eight weeks in the case of a Caesarian delivery).  In addition, any leave provided for caretaking purposes (as opposed to recovery from childbirth) must be provided on an equal, gender-neutral basis to all parents.

Below are some examples of policies and practices that might violate Title VII of the Civil Rights Act of 1964 (the applicable federal law) and similar state anti-discrimination laws:

  • Providing 12 weeks of paid parental leave to birth mothers for while providing birth fathers only 2 weeks of paid parental leave (resulting in a 10-week disparity in paid leave)
  • Providing 8 weeks of paid parental leave to all birth mothers, but no paid parental leave to other parents.
  • Placing conditions on fathers before they can take paid parental leave that are not required of birth mothers—like requiring the birth mother to return to work or be incapable of caring for the child before the father can take leave.
  • Retaliating against parents for taking paid or unpaid parental leave, such as reductions in salary or bonuses, denying or slowing promotions, worse work assignments, or event harassment.
  • Denying fathers the same return-to-work benefits offered to mothers, such as part-time or flexible work schedules.

Have you experienced issues with your employer having an unfair or unequal parental leave policy or treating you unfairly because you took parental leave?  For more information about your rights under federal and state laws, schedule a free confidential consultation today.

Recent News

Meet the father fighting for paternity leave

Jun 7, 2019 / Media Coverage / J.P. Morgan Chase

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JPMorgan Chase settles claims it discriminated against dads

May 31, 2019 / News Item / J.P. Morgan Chase
JPMorgan Chase on Thursday agreed to pay $5 million to settle a discrimination case related to its parental leave policy for fathers. The class-...

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Chase to Pay $5 Million to Dad Employees Who Allege They Were Denied Full Parental Leave

May 30, 2019 / News Item / J.P. Morgan Chase
When Derek Rotondo, a seven-year investigator with JPMorgan Chase, asked to take the company’s 16-week paid parental leave, he was told that “only...

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Meet the legal team working on the case

Frequently Asked Questions

Currently, the federal Family and Medical Leave Act (FMLA) only requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave when an employee’s child is born or adopted.  In order to be eligible for this leave, you must have worked for your employer for at least 12 months and in the current or previous year. A number of state and local laws, including in New York and California, require employers to provide some paid parental leave to employees under certain conditions.  If you work in one of these states and are being denied paid leave by your employer, you can contact us here with questions. In addition, employers may voluntarily provide paid leave.  However, it is unlawful for an employer to provide paid leave to employees in a discriminatory manner.  Doing so violates both federal and state law, and even the Constitution’s guarantee of equal protection in the case of public employees.  See the FAQs below for more information. Do you have more questions? Contact us here.
Yes.  Leave that is provided for parenting must be provided on equal terms to men and women, regardless of whether it is paid or unpaid leave.  However, birth mothers may receive an additional amount of leave for them to recovery from childbirth, which is typically 6 weeks (or 8 weeks in the case of a Caesarian delivery). A parental leave policy is unlawful sex discrimination if the difference in paid leave provided to birth mothers and fathers is greater than the time that it ordinarily takes a birth mother to recover from giving birth, which usually is six weeks (or eight weeks in the case of a Caesarian delivery).  For example, if an employer allows all mothers 12 weeks of paid parental leave but only allows fathers 3 weeks, the employer may be violating the law because the difference in the paid leave is greater than the 6 weeks it ordinarily takes a birth mother to recover from childbirth. If an employer’s leave policy provides leave for caretaking or “baby bonding” purposes, the leave must be provided on a gender-neutral basis to both parents, regardless of sex. For more information, you may also review the U.S. Equal Opportunity Commission’s Guidelines for Pregnancy Discrimination and Related Issues. Do you have more questions? Contact us here.
Employers may provide employees who give birth time paid leave to physically recover from childbirth, even if that same leave is not given to other parents. However, a parental leave policy may be unlawful sex discrimination if it provides caretaking or “baby bonding” leave only to mothers or in a greater amount to mothers than fathers, regardless of whether they are a birth or adoptive mother. Do you have more questions? Contact us here.
No. If an employer retaliates against an employee because they became pregnant or took parental leave or other time off to care for a child or other family member, the employee may have a claim under federal or state anti-discrimination laws, or federal the Family and Medical Leave Act or similar state leave laws. For example, if a female employee was denied a promotion or treated less favorably after she had a child or took parental leave because her employer assumed that she would be unable to juggle work and family responsibilities, she may have a discrimination and/or retaliation claim.  Similarly, if an employer treats women who have children less favorably than men who have children, the employer may be unlawfully discriminating.  In addition, it would violate the law if an employer tries to stop a male employee from taking parental leave based on a sex-based stereotype that men should not take parental leave or as much leave, or punishes the male employee through lower wages, denial of promotions, disciplinary action, or harassment. For more information, you may also review the U.S. Equal Opportunity Commission’s Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. Do you have more questions? Contact us here.
You should contact a lawyer if you believe your rights have been violated.  Outten & Golden handles discrimination, retaliation, and employee benefits claims and would be happy to do a free consultation. Before you can file a lawsuit to enforce your rights, you may be required to file a “charge” of discrimination with a federal, state or local agency. Under Title VII, before you may file a lawsuit you must first file a charge with the Equal Employment Opportunities Commission (EEOC).  Depending on the state in which you reside, you either have 180 or 300 days from the adverse action to file a charge (in most states the deadline is 300 days). In addition, certain states have their own laws that may allow you to file a complaint within a longer period of time than Title VII allows.  For example, under the New York State Human Rights Law and New York City Human Rights Law, you have three years from the adverse action to file an action.  Many states do not require you to file a charge of discrimination before filing a lawsuit. Do you have more questions? Contact us here.