Before the birth of his second son, Derek Rotondo decided he wanted to spend more time at home - both to bond with the newborn and to more evenly split up the caregiving with his wife.
The Ohio father asked his employer, JPMorgan Chase, for the paid parental leave the company offered to primary caregivers. But he was told that in most cases, only mothers would be eligible for the full 16 weeks, Rotondo said. Unless he could prove that his wife had returned to work or was medically incapable of caring for the baby, Rotondo would only be eligible for two weeks of paid leave.
In response, Rotondo filed a complaint with the Equal Employment Opportunity Commission two years ago, claiming the company's paid leave policy discriminated against men.
On Thursday, JPMorgan Chase said it agreed to pay $5 million to settle a class-action lawsuit filed on behalf of Rotondo and other male employees who contend they were denied access to the same paid parental leave as mothers between 2011 and 2017.
The American Civil Liberties Union, which represented Rotondo, said this marks the first settlement of its kind stemming from a class-action lawsuit on behalf of male employees claiming they were denied the same equal paid parental leave as women. The settlement also comes amid growing pressure on employers to adopt gender-neutral paid leave policies that encourage more equitable caregiving roles in the home.
"I think it sends a clear message that if a company is able to and does offer leave that it needs to be implemented equally across both genders," Rotondo said in an interview. "If Dad is able to be home with their children as well, then both parents can share the responsibilities."
After his second son was born, Rotondo did not qualify as a primary caregiver under Chase's parental paid leave policy because his wife, a teacher, had the summer off work, Rotondo said. In December 2017, after Rotondo filed his complaint with the EEOC, Chase changed its policy to clarify that both fathers and mothers were eligible for the "primary caregiver" 16 weeks of paid leave.
As of mid-2018, nonprimary caregivers are eligible for six weeks of paid leave, according to Chase. The policy also applies to adoptive parents and same-sex parents. A parent can also change his or her caregiver status if circumstances change, the company said.
"We are pleased to have reached an agreement in this matter and look forward to more effectively communicating the policy so that all men and women employees are aware of their benefits," said Reid Broda, associate general counsel for JPMorgan Chase. "We thank Mr. Rotondo for bringing the matter to our attention."
As part of the proposed class settlement, JPMorgan Chase pledged to train those administering the policy and pay $5 million to male employees who claim they were denied additional paid parental leave as primary caregivers. Chase is not admitting liability in the settlement.