Discrimination & Harassment

Family Responsibilities

Outten & Golden attorneys have extensive experience with cases of discrimination based on family responsibilities and care-giving, and are committed to protecting employees' rights to take leaves of absence to care for their families.

It is illegal to stereotype on the basis of gender with respect to care-giving responsibilities for children or for parents or spouses who are ill. When this type of stereotyping leads to an adverse employment action, it constitutes family responsibilities discrimination. 

Both men and women face discrimination on this ground. For women, it usually arises when they are perceived as more committed to their families than their jobs, and as less competent than other workers, regardless of how care-giving responsibilities actually impact their work. A male caregiver may face the opposite stereotype: the assumption that, as a man, he is poorly suited to care-giving and belongs in the workplace, resulting in a denial of parental leave or retaliation for taking leave. Assumptions about an employee’s commitment to his or her work based on gendered stereotypes about care-giving may violate Title VII, even if the employee does not actually have care-giving responsibilities, e.g. when an employer denies a woman a promotion based on the assumption that in the next few years she will have a baby and will take a long leave of absence. 

Contact Family Responsibilities Lawyers

Outten & Golden lawyers can help workers facing family responsibilities discrimination to obtain fair treatment and/or compensation for their losses.

If you believe you have been subjected to caretaker discrimination, please contact the firm through the ”Contact Us" form or by calling us in the New York, Chicago, San Francisco, or Washington, DC office (see bottom of page for phone numbers) to begin the Outten & Golden intake process.

News

JPMorgan Chase is giving $5 million to fathers who were discouraged from taking parental leave

Vox - Alexia Fernandez Campbell

One of the largest banks in the world just settled a gender discrimination lawsuit — that was filed by men.

JPMorgan Chase agreed Thursday to pay $5 million to a group of male employees who were discouraged from taking 16 weeks of paid parental leave to care for a new child, according to a statement from the American Civil Liberties Union, one of the organizations that brought the class action lawsuit on the employees’ behalf. Lawyers believe that about 5,000 fathers were denied extended leave.

It’s the first class action settlement stemming from a lawsuit by a male employee claiming that...

JPMorgan Chase settles class-action lawsuit after dad demands equal parental leave for men

The Washington Post - Samantha Schmidt

Before the birth of his second son, Derek Rotondo decided he wanted to spend more time at home — to bond with the newborn and to more evenly split up the caregiving with his wife.

The Ohio father asked his employer, JPMorgan Chase, for the paid parental leave the company offered to primary caregivers. But he was told that in most cases, only mothers would be eligible for the full 16 weeks, Rotondo said. Unless he could prove that his wife had returned to work or was medically incapable of caring for the baby, Rotondo would be eligible for only two weeks of paid leave.

In response, Rotondo ...

A Dad Wins Fight To Increase Parental Leave For Men At JPMorgan Chase

NPR - Yuki Noguchi

Two years ago, Derek Rotondo told his employer that he wanted to take 16 weeks of paid leave granted to primary caregivers for his newborn son. He says he was told: "Men, as biological fathers, were presumptively not the primary caregiver." He was only eligible for two weeks' leave.

Rotondo, who had been investigating financial crimes for JPMorgan Chase for seven years, filed a complaint at the Equal Employment Opportunity Commission alleging gender discrimination at the bank. Within days, JPMorgan Chase said it would work with Rotondo and granted him the extra leave he wanted.

On Thursday,...