HRMorning.com » Latest workplace lawsuit trend: ‘Daddy rights’

Latest workplace lawsuit trend: ‘Daddy rights’

August 8, 2008 by Jim Giuliano
Posted in: Behavior, Employment law, FMLA, In this week's e-newsletter, Latest News & Views


Workplace lawsuits filed by men have jumped in recent years. And the cause probably boils down to a couple of reasons.

Consider two facts:

  1. In 2007, the Equal Employment Opportunity Commission saw a record number of work-related lawsuits filed by men, and
  2. The largest verdict — $11.65 million — ever recorded in an FMLA suit involved a man (Schultz v. Advocate Health).

So, what’s going on? And is there anything employers can do to stop the trend?

Writing for Law.com, employee-rights attorney Charles Siedlecki says two factors come into play when trying to figure out why more men are suing.

  • Single fathers. More divorced men are fighting for and getting custody of their children.  And those men expect to be given time off and other accommodations for caring for their children. When the guys don’t get from their employers what they perceive women have been getting, the next step often is a lawsuit or a complaint filed with EEOC. 
  • An aging population and workforce. More and more people — and many men — have older parents who require care and attention. Those requirements often translate into requests for FMLA leave and similar benefits. So the fact is that we’re dealing with a numbers game: The more instances of such requests, the greater the chances of a lawsuit or other complaint.

There’s little you can do if someone’s bent on suing over a perceived slight. That’s true when it comes to dealing with men or women. However, some supervisors tend to think of men as “low-maintenance” employees who require few legal protections and have little reason to sue. Those supervisors need to be aware of the idea that when it comes to eligibilioty for benefits like FMLA leave, men and women really are equals.

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