It is not uncommon for a pregnant woman’s spouse or partner to accompany them to doctor’s appointments or spend time assisting them pre or post pregnancy especially if there are complications. However, an issue arises when the father of an expectant mother is denied their request for a more flexible schedule or a leave by their employer to accommodate their needs and is subjected to adverse employment actions. To this date, there have not been many cases that involve males bringing a discrimination claim under the Pregnancy Discrimination Act, so, how can an expecting father or partner bring a claim, or know if they have a case at all?
What We Know
In order to best illustrate pregnancy discrimination in this situation, the partner must claim that he was discriminated against because of his sex. The emphasis must lie in alleging that he was treated less favorably than a female worker and not, for example, less favorably than a male worker who did not have a pregnant wife. One should be able to prove that an unlawful discriminatory action arose out of his relationship with the pregnant mother.
This process can be broken down into what is called the two-step associational discrimination claim. The case must argue both of the following arguments:
- That the male was subject to adverse employment actions due of his partner’s pregnancy, and
- That a female would not have had adverse employment actions due to her partner’s pregnancy.
To summarize, the discrimination should be based on the male’s relationship with his pregnant partner and it must also be based on the male’s sex.
Fitapelli & Schaffer, LLP handles cases based on state, city and federal discrimination laws and are prepared to assist you with your pregnancy discrimination claim. If you have questions or concerns about your current work situation, do not hesitate to call us. We offer a free phone consultation and can be reached at (212)300-0375. You can also visit our website fslawfirm.com for additional information.