‘Motherhood Penalty’ May Fuel Workplace Lawsuits in Pandemic
April 29, 2020, Bloomberg Law, Daily Labor Report®, by Erin Mulvaney
Reproduced with permission. Published Apr. 29, 2020. Copyright 2020 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bloombergindustry.com>
“Going into the pandemic, moms, particularly those of color, were experiencing wage and hiring discrimination,” Kristin Rowe-Finkbeiner, CEO and executive director of Moms Rising, a group that advocates for women and families. “Being a mom is a high predictor of discrimination. What we are seeing in this pandemic is the cracks in our faulty system.”
Caregiver litigation stemming from the pandemic likely will include sex or pregnancy bias suits filed by women. But men who take on caregiving roles also can sue. Last week, for example, a male worker sued his employer under the new coronavirus response law after he allegedly was denied leave to care for his mother during the pandemic.
The Families First Coronavirus Response Act, which went into effect April 1, generally requires companies to pay up to 10 weeks of partially paid family and medical leave to workers who need to care for a child in the event of school or daycare closures because of the Covid-19 outbreak.
Labor and employment attorneys previously told Bloomberg Law that the law would likely be a source of major litigation due to uncertainty surrounding employer requirements and confusion over which workers are covered.
Being a parent isn’t a protected class under federal law and, outside of the temporary legislation, employers aren’t required to accommodate a parent for time off to care for a child, said Laura Jacobsen, a labor and employment partner with McDonald Carano in Nevada, who advises employers. However, Jacobsen said she’s flagged caregiver discrimination to clients because of the new law. “School closures and at-home parenting could trigger unconscious bias,” she said.
To read the entire article click here.
About McDonald Carano
McDonald Carano has helped to shape the Nevada business and legal landscape for 70 years. With more than 60 lawyers and government affairs professionals in our offices in Las Vegas and Reno, we are Nevada's law firm for business. We proudly represent Fortune 500 companies, financial and governmental institutions, fast-growth and mid-market companies, entrepreneurs, start-up ventures, non-profit organizations and individuals. Our attorneys deliver cross-discipline, one-stop, commercial law and government affairs counsel. Our dedication to clients, innovative thinking and practical solutions based in sound business and legal judgments are at the heart of our practice. For more information, visit mcdonaldcarano.com, call 775.788.2000 (Reno office), or 702.873.4100 (Las Vegas office) or reach us by email at firstname.lastname@example.org.
You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.
I have read this and want to send an email.