Rotondo v. J.P. Morgan Chase
This case falls into the legal category of: Equal Protection
Case Dates:Thursday, 15 June, 2017 - ongoing
In anticipation of the birth of his second child, Derek Rotondo, an employee of J.P. Morgan Chase (“JPMC”), queried the human resources department about the company’s parental leave policy. JPMC informed him that, absent special circumstances, as the child’s father, Mr. Rotondo would only be entitled to two weeks of paid leave. On the other hand, had he been the child’s mother, he would automatically be allowed sixteen weeks of paid leave.
The advice given to Mr. Rotondo is consistent with JPMC’s written parental leave policy, which by its terms presumes that the birth mothers will be the baby’s primary caregiver, and permits a male employee the full sixteen weeks of paid leave in only special circumstances.
JPMC’s parental leave policy constitutes sex discrimination in violation of Title VII of the Civil Rights Act by designating female parents as default primary caregivers.
On June 15, 2017, we filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) on behalf of Derek Rotondo and a class consisting of all other men who have been or are being discriminated against by JPMC’s parental leave policy. As a Title VII claim, this complaint must be initiated with the EEOC before filing in federal court (in technical terms, this requirement is called “exhaustion of administrative remedies”). JPMC responded to the charge with its position statement on October 11, 2017; and we filed our rebuttal position statement on December 21, 2017. Settlement discussions are ongoing. To assist with reaching agreement with regard to some details of the settlement, the parties engaged in a mediation session on April 16, 2018. The mediation brought the parties closer to resolution, and has been followed up by more negotiations which have closed most of the remaining gaps in their positions.