Can You Be Fired For Taking Paternity Leave?

The short answer, unfortunately, is yes. A new ruling out of New York makes it clear that federal protections under Title VII are gender specific and only designed to apply to “a pregnant employee.” In the case of Van Soeren vs. Disney Streaming Service, a male employee of Disney claimed that he was subject to harassment and mistreatment from his co-workers after they found out his wife was pregnant. After taking his approved paternity leave, he was ultimately fired. US District Judge Naomi Reice Buchwald, a Clinton appointee, held that the plaintiff didn’t have standing as discrimination suits under Title VII are designed to protect “pregnant” employees. It does not protect spouses of pregnant parties.  Neither does it protect adoptive parents.

An Unfair System

This ruling not only limits Title VII protections based on gender, but also disqualifies adoptive parents. The ruling highlights the unfair treatment of new parents based on gender or adoptive status. Fathers are currently provided significantly less paternity leave, and are often limited to unpaid leave. According to the Department of Labor, only 13% of men who took paternity leave were offered paid paternity leave and 70% of fathers who took time off, took less than 10 days[1]. Fathers or adoptive parents may be less inclined to take family leave if they know they can be penalized when they return to work.

Hurting Families

During an essential time in a child’s development, limiting time with new parents can be damaging. Time at home is essential for parents to bond with their children as well as for the child’s healthy development. One study found that the fathers who took more than two weeks off for paternity leave were much more engaged with care of the children after nine months[2]. It has also been demonstrated that when fathers are more engaged in the care of their children it leads to improved cognitive and mental health of the child[3].

While companies have made great progress in providing maternity and paternity leave for expecting parents, this is a sign that there is a still a lot of work that needs to be done in our courts and legislative branches to ensure expecting parents enjoy equal rights under the law. Limiting protections under Title VII to “pregnant” employees has an extremely unjust result to fathers and adoptive parents and can negatively impact children.

About Melone Hatley, P.C.

Melone Hatley, P.C. is a general practice law firm with offices in Reston and Virginia Beach. Our practice areas include Family Law, Divorce and Special Needs Children, Traffic Ticket Defense, DUI/DWI Defense, and Trust and Estate Law.  Our philosophy is to provide all of our clients with the highest quality legal representation, innovative legal solutions, and unsurpassed dedication to customer service.  Through our high standards, we strive to be a trusted resource to our clients.

We know from experience that a successful attorney-client relationship depends on our ability to understand your needs and objectives.  For more information about our family law practice, contact our office today at 703.995.9900 in northern Virginia or 757-296-0580 in Virginia Beach or visit our website: www.MeloneLawPC.com. You can also schedule a time for a free consultation with one of our attorneys online at www.melonelawpc.com/contact.

 

[1] https://www.dol.gov/sites/dolgov/files/OASP/legacy/files/PaternityBrief.pdf
[2] Nepomnyaschy and Waldfogel (2007) at 442-45
[3] Huerta, et al (2013); Nepomnyaschy and Waldfogel (2007); Anna Sarkadi, et al. 2008. “Fathers Involvement and Children’s Developmental Outcomes: A Systematic Review of Longitudinal Studies.” Acta Pediatrica 97: 153-158; Erini Flouri and Ann Buchanan. 2002. “The Role of Father Involvement in Children’s Later Mental Health.” Journal of Adolescence 26: 63-78.

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