Law360: Companies Should Be Cautious Not To Favor Employees With Kids
In an article published in Law360 on October 9, 2020, Obermayer Pittsburgh based attorney Andrew Horowitz discusses how the blurred lines between home and work life due to the COVID-19 pandemic could force employers onto new legal frontiers. He examines the dynamics between workers with and without children. The two perspectives exemplify the effects of old biases and stereotypes being exacerbated by the sudden erosion of boundaries between work and home life and rapidly changing social attitudes.
Federal law does not expressly prohibit family responsibility discrimination, but does prohibit discrimination on the basis of sex plus some immutable characteristic. For example, women with young children have brought sex discrimination claims under Title VII because they were treated less favorably than men with young children due to the operation of stereotypes. This has effectively created an implied cause of action for family responsibility discrimination.
Andrew focuses his practice on complex commercial litigation and employment law matters. He is approved mediator for the United States District Court for the Western District of Pennsylvania, and has completed a comprehensive program of mediation training offered by The Alternative Group. Since Andrew has represented parties ranging from individuals to small businesses to the largest of corporations, he understands how parties of all shapes and sizes approach employment disputes and is well-suited to facilitate settlements, particularly in employment and commercial disputes. Andrew was included in the 2021 Best Lawyers: Ones To Watch list. He has also been selected for Pennsylvania’s Rising Stars in 2019 and 2020.