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

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,...

Victory for Fathers in a Parental Leave Case That Could Be a Harbinger

New York Times - Noam Scheiber

For years, scholars, activists and mothers have criticized policies that place the burden of child-rearing overwhelmingly on women. Increasingly, fathers are joining the criticism of these policies — and asserting their legal rights to challenge them.

On Thursday, JPMorgan Chase announced that it had reached a tentative settlement in a class-action case initiated by a father who was denied the 16-week paid parental leave that the company began offering in 2016. He was offered only two weeks, on the grounds that he was not the primary caregiver.

As part of the proposed settlement, the company...

Goldman Executive Dismissed 15-Year Veteran on Maternity Leave

Bloomberg—Sabrina Willmer
  • Dispute illustrates broader job worries around pregnancy bias
  • Elite companies offer paid leave. Some women fear taking it

Two years ago, Tania Mirchandani, a Goldman Sachs Group Inc. vice president in Los Angeles, told her boss she was pregnant with her third child. He was skeptical she could balance a large family with her demanding job, she recalled. That’s “a lot of mouths to feed,” she quoted him as saying.

Mirchandani, a 15-year Goldman Sachs veteran, figured that her supervisor, of all people, would have understood her dilemma. John Mallory, then a Goldman partner and rising star...