Sunday is Father's Day. Which makes this lawsuit especially worth paying attention to.
Emilio Arellano claims that Golden State Cider fired him after he took leave and sought additional flexibility to help care for his prematurely born son.
According to the lawsuit, his employer didn't respond with support. It responded with retaliation. The company denies wrongdoing. The case remains pending.
But the allegations highlight an issue many employers still fail to recognize:
Workplace discrimination against fathers is real.
Not because employers think fathers are caregivers. Because they think they aren't.
When employers assume fathers should prioritize work over family, they're relying on the same unlawful sex stereotypes that protect mothers when employers assume they should shoulder caregiving responsibilities.
The EEOC has been saying this for decades. Denying leave, flexibility, or opportunities to fathers that would be afforded to mothers can violate Title VII.
And the legal risk is increasing.
Last year, the Supreme Court held in Ames v. Department of Youth Services that Title VII protects "any individual" and that courts cannot impose higher burdens on so-called majority-group plaintiffs.
The EEOC has embraced that principle, making clear that discrimination is discrimination, regardless of who brings the claim.
That matters for fathers.
A dad who is treated differently because he doesn't conform to traditional expectations about gender and caregiving isn't bringing a novel claim. He's bringing a sex discrimination claim.
Which brings us to a question every employer should ask: If this employee were a mother instead of a father, would we have responded the same way?
If the answer is no, you've identified a legal risk. And perhaps a cultural one, too.
Here's what I read this week that you should read, too.
Is Beer at Work a Problem, or Is It a Sign of Something Bigger? — via Improve Your HR by Suzanne Lucas, the Evil HR Lady
Why Employees Aren't Transparent About Their AI Usage — via Harvard Business Review
Microsoft AI chief walks back comments about AI taking over white-collar work — via The Verge
Microsoft AI chief walks back comments about AI taking over white-collar work — via The Verge
The Racial Slur the CEO Knew About. The $21 Million Verdict That Followed. — via Eric Meyer's Employer Handbook Blog
DOL Issues Four New Opinion Letters: What Employers Need to Know About Exemptions, Bonuses, Breaks, and Timekeeping — via Employment Law Letter
Third Circuit Rejects "Overtime Gap Time" Claims Under the FLSA, Deepening Circuit Split — via Hiring to Firing Law Blog
Does an employer have to "accommodate" an employee who fails a drug test? — via Employment & Labor Insider
To See or Not to See: Disciplined Worker Entitled to View Employer's Surveillance Footage — via EntertainHR
Depression and Other Mental Health Conditions in the Workplace: An Increasing Employer Challenge — via EntertainHR
Arbitration Might Not Make Sense for Small Businesses — via Above the Law
World Cup Delivers Early Win for Beer: Draft +17% YoY, Imports Take Share, Lagers Dominate, per BeerBoard — via Brewbound
What If the World Cup Teams Were Your Colleagues? — via HR Gazette
Anheuser-Busch Is Getting the Bigotry It Paid for With Bud Light's UFC Deal — via VinePair
Arbitration Might Not Make Sense for Small Businesses — via Above the Law
World Cup Delivers Early Win for Beer: Draft +17% YoY, Imports Take Share, Lagers Dominate, per BeerBoard — via Brewbound
What If the World Cup Teams Were Your Colleagues? — via HR Gazette
Anheuser-Busch Is Getting the Bigotry It Paid for With Bud Light's UFC Deal — via VinePair
Are Big Craft Breweries Viable Anymore? — via Beervana