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Brooklyn Journal of Corporate, Financial & Commercial Law
Pregancy Discrimination Act; Parental Leave; Parental Leave Policy; Title VII; Men; Parental Leave for Men; Title VII Claim; EEOC; Parental Bonding Leave; Employment Discrimination; Pregnancy-Related Disability Leave; Childbirth; Estee Lauder; JP Morgan; Family Medical Leave Act; Disability Period; Caregiver Leave; Primary Caregiver; Secondary Caregiver
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Dads Are Parents, Too: Why Amending The Pregnancy Discrimination Act Is Necessary For Courts To Determine If A Parental Leave Policy Violates Title Vii, Krista Gay
Brooklyn Journal of Corporate, Financial & Commercial Law
To attract millennials desiring a work-life balance, large companies have begun to offer new parent leave to both male and female employees and commonly offer longer leave to women than men. Although a company may offer pregnancy disability leave to women without offering similar leave to men, if the company classifies the leave as parental bonding leave, it must be offered equally. If it is not, as highlighted by recent lawsuits against JP Morgan and Estée Lauder, a Title VII claim can arise. Historically, courts have had difficulty deciding if such a policy does in fact violate Title VII, because …