Beware the Parent Trap

Law.com

There is the appearance that female employees with young children are being given more latitude in terms of hours than their male counterparts and other women. . . .

While parents are not a protected class, claims based on an employee's status as a parent or nonparent may be pursued successfully under existing causes of action, frequently sex discrimination. . . .

In-house counsel can help reduce the chances of a lawsuit, generally by advising managers to treat similarly situated employees the same regardless of their family responsibilities and never to make an employment decision on the basis of an employee's status as a parent or nonparent. . . .

Employers should avoid granting flexibility according to the reason for the request, and focus on objective eligibility criteria -- for example, department or position, duration of employment, discipline history, performance record and/or history with regard to accuracy and timely reporting of hours worked that are clearly explained in a flexible workplace policy.
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With employees increasingly sensitive to signs of favoritism, in a society highly focused on families and children, the balancing act for corporations is complex and fraught with peril. When employers give inferior -- or even preferential -- treatment to parents, they fall into the increasingly dangerous parent trap and create the risk of a discrimination claim based on sex or other protected status.

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