Now Dads are Starting to Claim Employment Discrimination in NYC and Across the Country

It is a generally accepted fact that women are frequently discriminated against for being working mothers – underpaid, overworked, and denied sufficient maternity leave. While that’s still the case for thousands of working moms across the country, now dads are taking a stand against employment discrimination as well. If you suspect you have been subjected to discrimination at work, speak with an employment lawyer in NYC right away. Former CNN correspondent Josh Levs just received a settlement for an undisclosed amount for an Equal Employment Opportunity Commission charge he filed against his former employer. When his daughter was born in October 2013, CNN offered 10 weeks of paid maternity leave to new mothers and 10 weeks of paid leave for new parents of either gender who adopted children. Biological dads, however, were only offered two weeks of paid leave after the birth of their children. Levs wanted to take extra time off to help care for his 5-weeks premature newborn, but CNN denied his request for additional paid paternity leave. Levs was successful in his charge against his former employer, who now offers new dads additional paid time off since Levs brought attention to the issue. Levs’ lawsuit isn’t the only of its kind to spring up in the past couple of years. More and more fathers are taking on more responsibilities at home, and fighting back against stereotypical gender roles and work cultures that discourage men from taking an active part in child-rearing and domestic duties.

Your Rights as a Working Mother and Father in New York City

Employment discrimination in New York includes gender discrimination. Allowing mothers to take more paid leave than men after the birth of a child may be considered gender discrimination under NYC law. The law also might consider you a victim of employment discrimination if you have been harassed at work for being a working dad who takes time off to care for his children. Conversely, it is also illegal to discriminate against a woman based on pregnancy and her role as a mother. You cannot:

  • Be fired for becoming pregnant
  • Be refused a job for being pregnant
  • Be mistreated at work for being pregnant
  • Be disciplined for requesting time off for pregnancy related doctors’ appointments
  • Experience a decrease in hours or work assignments due to pregnancy, as long as you are able to perform all your job duties

Maternity and pregnancy leave are to be treated as any other medical leave – no employer can treat you differently. The Pregnancy Discrimination Act specifically protects soon-to-be mothers in New York while the NYC Human Rights Law guards against general gender discrimination. If you have been the victim of gender and/or pregnancy discrimination at work, speak to an employment lawyer at the Arce Law Group today. Our New York City attorneys help clients just like you get justice against employers who have denied them the legal protections they need and deserve. Contact us today at 212.248.0120 to talk to a compassionate attorney about your case. You can also contact us online.

By Bryan Arcé | Published September 21, 2015

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