Chicago Employment Lawyers Upholding the Family Medical Leave Act (FMLA)
Regarding male employees, employers should hesitate to operate under the
stereotype that a woman is the sole center of home and family life. Men,
as well as women, are allowed to take leave under the Family Medical Leave
Act to care for children and other family members. Employers who refuse
leave or discourage it may be in violation of the FMLA and could be deeply
scrutinized and/or sanctioned by administrative agencies or courts.
Courts may find employers who make comments regarding when and how working
mothers and fathers should stay at home as evidence of discrimination,
especially if those comments are made in the workplace.
Parental discrimination can occur in a number of different ways, such as:
- Treating an employee differently because they gave birth or became a parent
- Not accommodating the needs of a new parent within the law
- Passing up an employee for a raise or promotion which they deserved
Adverse Employment Action Due to Parenthood
Comments expressing discriminatory attitudes towards working mothers are
viewed as discriminatory. The same should be said for any type of comments
or attitude aimed towards new fathers. Being subjected to adverse employment
action because of family responsibilities can be devastating.
In Chicago, a local ordinance expressly prohibits family responsibility
and/or parental discrimination by employers. There is also recent federal
case law which disallows negative treatment in connection with stereotypes
of working mothers, pregnancy, and family responsibility.
For Chicago employees, parental discrimination may be most properly addressed
under the local ordinance. However, for employees across the United States,
claims may be most appropriately brought under local, state, or federal
pregnancy and/or gender laws.
Contact The Prinz Law Firm to schedule a