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Men can be fired for taking paternity leave

65 点作者 mring33621超过 4 年前

7 条评论

dragonwriter超过 4 年前
This is a trial court decision (and I&#x27;m going to guess an unpublished one, but even if it were published it would have no binding effect on other cases). And I&#x27;d expect this to get struck down if appealed if the description here is correct. Whether or not the ruling on pregnancy discrimination is correct (which seems likely), the ruling on FMLA retaliation described could not be more obviously incorrect: being fired to taking the leave, whether or not one was allowed to take the leave, is bright-line prohibited retaliation.<p>EDIT: Having gone from the linked article to it&#x27;s source to the actual decision text, I think the decision is fine, and it looks like there is some real incompetence on the part of plaintiff&#x27;s counsel, given the factual allegations.<p>(1) despite describing what is plainly FMLA retaliation, plaintiff claimed interference with FMLA rights, not retaliation.<p>(2) On both the FMLA claims and the one state law claim the Court addresses directly, plaintiff failed to counter the defenses motion to dismiss, permitting the court to dismiss the claims without even evaluating the arguments.<p>I kind of wonder if the plaintiff here was a pro se litigant or if they just hired completely incompetent counsel? Because it looks like, given the alleged facts, it was a slam dunk case that was lost because the plaintiff made claims that were close to, but just off of, the right ones in some cases, and also failed to either stand up for or seek to amend them when the defense responded.
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barbacoa超过 4 年前
That is such a terribly written article.<p>From what I could piece together the court didn&#x27;t rule &quot;Men can be fired for taking paternity leave&quot; it ruled that men are not protected under Title VII pregnancy discrimination laws.<p>He can still sue under FMLA discrimination which the judge didn&#x27;t rule on, likely because his lawyers didn&#x27;t bring up the correct technical arguments.
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ricksl超过 4 年前
The irony isn&#x27;t lost on me that a company obsessed with cultivating an image of family friendliness punished an employee trying to start a family.
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dragonwriter超过 4 年前
The direct source cited in the current link (which somewhat better coverage and directly links the decision) is this Hollywood Reporter piece, <a href="https:&#x2F;&#x2F;www.hollywoodreporter.com&#x2F;thr-esq&#x2F;disney-beats-pregnancy-discrimination-claim-as-court-finds-spouses-arent-protected" rel="nofollow">https:&#x2F;&#x2F;www.hollywoodreporter.com&#x2F;thr-esq&#x2F;disney-beats-pregn...</a>
llampx超过 4 年前
&gt; Could universal paid parental leave finally be the issue that unites Men&#x27;s Rights Activists and Actual Normal Gender Equality Activists?<p>Going by how well Men&#x27;s Rights Activists and Feminists have gotten along when it comes to equality for men and women, I&#x27;m going to say no.
paulmendoza超过 4 年前
Something doesn’t seem right about this story. Good employees don’t get fired over 2 week leave in my experience. Why would HR go along with this? Seems like there is probably more to this that isn’t being reported on.
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rantwasp超过 4 年前
the work environment sounds toxic AF.<p>Also, the judge ruled on title VII.<p>Here is what should have been considered: <a href="https:&#x2F;&#x2F;www.dol.gov&#x2F;agencies&#x2F;whd&#x2F;fmla" rel="nofollow">https:&#x2F;&#x2F;www.dol.gov&#x2F;agencies&#x2F;whd&#x2F;fmla</a><p>It&#x27;s 12 weeks unpaid under FMLA.<p><a href="https:&#x2F;&#x2F;www.dol.gov&#x2F;agencies&#x2F;whd&#x2F;fact-sheets&#x2F;77b-fmla-protections" rel="nofollow">https:&#x2F;&#x2F;www.dol.gov&#x2F;agencies&#x2F;whd&#x2F;fact-sheets&#x2F;77b-fmla-protec...</a><p>The question is: did he attempt to take FMLA?
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