December 27th 2023.
The city of Tampa, Florida recently reached an agreement with the Department of Justice to resolve a discrimination lawsuit. The lawsuit, filed by city employee Jeffrey Burger, claimed that male workers weren't given the same parental leave as female workers.
According to the settlement, the city will pay out $300,000 and provide 240 hours of additional leave time for male workers who were denied leave in 2017 and 2018. Burger will be paid $60,000, and $240,000 will be split amongst other eligible workers.
Assistant Attorney General Kristen Clarke said, “This agreement sends a clear message that in providing paid or unpaid parental leave, employers must guarantee that those benefits are provided without reliance on presumptions about which parent can be the primary caregiver.”
The DOJ's complaint noted that at least 10 male employees who put in formal leave requests were denied due to their gender, while others were discouraged by supervisors or Tampa HR officials from applying as a primary caregiver.
In addition to settling, Tampa will be forced to adopt a new non-sex-discriminating parental leave policy, which must be approved by the U.S. District Court for the Middle District of Tampa. Upon approval, the city will be required to work with an officer from the Equal Employment Opportunity Commission to guarantee the changes are implemented.
Tamra Schweiberger, director of the Equal Employment Opportunity Commission’s Tampa field office, said in a statement that, “When it comes to providing leave for bonding with a new child or flexibility in returning to work from that leave, mothers and fathers should be treated equally.”
The Tampa City Council denies any wrongful discrimination against Burger or any other male employees, but says they came to the resolution to “avoid the risk and burdens of protracted litigation.”
This settlement serves as a reminder to employers everywhere that discrimination based on gender should never be tolerated. All workers should be given the same opportunities when it comes to parental leave, regardless of their gender.
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