Will the Motherhood Penalty Fuel Workplace Lawsuits Following the Covid-19 Pandemic?

Stephanie Jones is a single mother who struggled to balance her day job for Eastern Airlines with additional responsibilities that resulted from school closures that left her 11-year-old home-schooling since March 2020 as part of the area's local response to the virus.

Repeated Requests for Time Off Denied:

Jones was the airline's director of revenue management, and she made repeated requests for two hours off per day. Her requests were denied because the time off wasn't in the "interest of the company or yourself." Soon after her requests for 2 hours off per day were dismissed, she was fired. The company claims her termination was in response to "conflict" with co-workers at the airline.

First Lawsuit Filed Under Families First Coronavirus Response Act:

Jones filed one of the first lawsuits under the Families First Coronavirus Response Act. The Act requires parents to receive paid sick leave when the coronavirus closures result in school closures or daycare center closures. Many see Jones' lawsuit as an indication of what is to come. More parents and caregivers left in impossible situations due to school and daycare closures are bound to file lawsuits – with the majority being women or mothers.

Increased Family Responsibilities Discrimination Suits Citing the Motherhood Penalty

There is a significant risk right now for an increase in family responsibilities discrimination claims. Employers will make assumptions about who is valuable and who is performing up to snuff. Mothers and other essential caregivers will take note of discriminatory actions – purposeful or unintended – and the lawsuits will start.

What is the Motherhood Penalty?

The "motherhood penalty" is a phrase sometimes used to describe repetitive gender disparities encountered by working mothers. These gender disparities are documented by an increase in discrimination lawsuits connected to providing care for children and other dependents in the last few decades as more women continue to enter the workforce. The current pandemic exacerbates the issue, and many expect to see more claims of gender discrimination during hiring, firing, pay determinations, and promotions. Experts also expect to see an increase in pregnancy discrimination cases and family leave law violations claims as mothers are required to choose between their safety and getting a paycheck. These issues are felt more intensely by low-wage workers, single mothers, and women of color who often have less access to paid leave and other benefits that serve as job safety nets.

If you need to discuss employment law violations in the workplace or gender discrimination, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.