Brooklyn Journal of Corporate, Financial & Commercial Law


Krista Gay


To attract millennials desiring a work-life balance, large companies have begun to offer new parent leave to both male and female employees and commonly offer longer leave to women than men. Although a company may offer pregnancy disability leave to women without offering similar leave to men, if the company classifies the leave as parental bonding leave, it must be offered equally. If it is not, as highlighted by recent lawsuits against JP Morgan and Estée Lauder, a Title VII claim can arise. Historically, courts have had difficulty deciding if such a policy does in fact violate Title VII, because local courts, the United States Supreme Court, and the EEOC offer conflicting views on how long pregnancy disability leave may be before it becomes parental bonding leave. This Note calls on Congress to amend the Pregnancy Discrimination Act to clearly define the length of pregnancy leave and parental leave that employers must offer to comply with Title VII.