Parents Have Rights

With these examples in mind, employers should consider the following steps:

1. Ensure that the company’s employment handbook includes a policy against any forms of unlawful discrimination or harassment.

2. Evaluate the company’s attendance and leave policies and their implementation to ensure that they are not being offered or applied differently because of gender. In addition, caregivers (male or female) should not be treated differently than non-caregivers.

3. Review hiring and promotion practices to ensure that all criteria are job-related and focused on business needs, not outdated and false assumptions about commitment or productivity.

4. Ensure that employees with family responsibilities have the same opportunities to do high-profile work or travel as other employees.

5. Train managers and supervisors about discrimination and harassment laws (in some states such training is mandatory) and explain that they must be respectful of employees’ individual circumstances.  These managers and supervisors should understand that it is never appropriate to make stereotypical or derogatory comments about pregnant workers or caregivers in general.

Emma Luevano is a partner at Mitchell Silberberg & Knupp LLP (www.msk.com) and represents management in a variety of labor and employment matters, including sexual harassment and other forms of discrimination, public policy violations, wrongful termination, wage and hour issues, and retaliation.