Many employers in the United States agree that it is wise to recognize the needs of pregnant women in the workplace. Employers are often flexible when it comes to work hours because they value their female employees. However, the same courtesy does not always extend to fathers, which can result in pregnancy discrimination in the workplace.
When the father of an unborn baby requests flexible hours or extra leave to assist the mother, he may not be met with the same level of understanding as the pregnant mom. But at what point should a father-to-be consider taking his complaint to court?
The Pregnancy Discrimination Act of 1978 made it unlawful for an employer to discriminate on the basis of pregnancy, childbirth, or any related medical conditions. However, there is very little case law to demonstrate whether or not a male can make an employment discrimination claim under the Pregnancy Discrimination Act based solely on his wife’s or partner’s pregnancy.
For a male to move forward with a claim, the discrimination must be based on the male’s relationship with his pregnant partner as well as his sex. It may be a challenging case to prove, but with the right legal guidance it is possible.
If you have experienced pregnancy discrimination, contact the New Jersey discrimination lawyers at Sidney L. Gold & Associates L.P. Call 866-569-8744, or contact us online for a free, confidential consultation.