Accessibility Tools

Skip to main content

Sorry Dude: Title VII Does Not Protect An Expectant Father From Pregnancy Discrimination

Written on .

Expectant father in New York tried to assert such a claim under Title VII and New York law, and the lawsuit was dismissed. (Van Soeren v. Disney Streaming Serv. , S.D.N.Y., 19 Civ. 10196 (NRB), 10/16/20). Not surprisingly, the Court held that Title VII’s prohibition on discrimination on the basis of pregnancy applies to employees who are actually pregnant, and not to spouses of pregnant employees.

Based on the facts alleged in the lawsuit (and the case was dismissed on a motion to dismiss, so we only have the plaintiff’s side of things), the plaintiff, Van Soeren, worked in a pretty toxic work environment. He alleged that various supervisors and co-workers “sham[ed],” “harass[ed],” and “treated [him] differently from all other employees at the Company” as a result of his “familial status vis a vis his spouse’s pregnancy.” For example, before plaintiff had disclosed his wife’s pregnancy to anybody at work, a co-worker said to plaintiff that he “shouldn’t have a kid,” and in another instance stated, within hearing distance of plaintiff, “I don’t know why he [plaintiff] decided to have a kid.” Another employee asked plaintiff whether he had a good reason for having a child. In one instance, presumably once plaintiff told his co-workers that his wife was pregnant, another co-worker sprayed baby powder on plaintiff. When Van Soeren returned to work after paternity leave, that same co-worker allegedly made a comment to plaintiff about stillbirth and improperly developed fetuses. Charming.

So while the plaintiff’s co-workers were definitely obnoxious, their actions did not amount to pregnancy discrimination against the plaintiff. At best, the plaintiff had a claim of discrimination on the basis of “familial status,” which is not covered by Title VII.

Even though the plaintiff failed to state a claim for pregnancy discrimination, an employer should not tolerate the kind of conduct allegedly directed at this plaintiff by his co-workers. If these folks are making negative comments about children and childbirth to a man, it is likely they may say the same things to a pregnant woman–and that could lead to a valid claim under Title VII. Furthermore, this kind of workplace bullying is not likely to enhance employee morale or productivity.

Keep in mind also that a new father may still have rights under the FMLA or state leave laws if he works for a covered employer.

Kathleen J. Jennings
Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

From the historic bronze doors at Los Angeles City Hall.

NLRB to Seek Rescission of past Discipline Imposed under Overbroad Employer Work Rules

In a memo issued during April, NLRB General Counsel Jennifer Abruzzo announced that when the NLRB seeks to rescind overbroad and thus ill...
dashcam

Do Drive Cam Cameras inside Trucks Violate Employee Rights?

As a safety measure, many employers with driver employees have installed cameras inside the cab to alert drivers and monitor their safe d...
amazon app, mobile phone, table, indoors

Amazon Considers Risk When Investigating Employee Misconduct

In a legal conference in March, Amazon Corporate Counsel Lee Langston stated that aggressive enforcement actions of the NLRB have impacte...
Person signing a contract

Latest NLRB Attack Goes beyond Non-Compete Agreements to Reach Outside Employment

An interesting article concludes that the NLRB is invalidating employer rules "one clause at a time."  On January 31, 2024, the NLRB's Di...
black lives matter painted on a wall

NLRB Board Addresses BLM Insignia at Work

In a February 21, 2024 ruling, the NLRB reversed an administrative law judge's conclusion that writing "Black Lives Matter" (BLM) on apro...
indoors, workplace

Walk-Around Rule Allowing Union Reps to Accompany Safety Inspectors to Go into Effect

The U.S. Occupational Safety and Health Administration (OSHA) released its "Walk-Around Rule" in April, to take effect on May 31, 2024.  ...