Dads and Moms Beat the Boss in Court
Aug. 29 -- H. Kevin Knussman, a retired 23-year-veteran of the Maryland State Police, used to fly as the sole paramedic in evacuation helicopters. Now, he spends his days taking his two daughters to school and soccer practice.
Trying to combine these two passions — working and parenting — led Knussman to launch and ultimately win a legal battle against the state of Maryland for denying him parental leave because of his gender.
Knussman's legal battle began when he wanted several weeks of leave in 1994 to help care for his newborn daughter and wife, who had developed dangerous complications with her pregnancy. A personnel manager told him only women qualified for parental leave.
"Until I could breast feed a baby, there was no way I could be the primary care provider," Knussman said he was told. "She further clarified that I might qualify if my wife were in a coma or dead."
That exchange inspired Knussman's lawsuit alleging the state police violated the federal Family and Medical Leave Act by denying him leave. He was granted a victory on Tuesday when a federal judge ordered the Maryland State Police to pay Knussman more than $665,000 in damages, costs and attorneys' fees.
Knussman's case seems to be part of a larger trend in gender discrimination law — mothers and fathers who are challenging what they perceive as bias on the job due to family care responsibilities. On Wednesday, an American University report detailed roughly 20 similar cases in recent years that resulted in damage awards for plaintiffs as high as $3 million, and the co-author said the emerging trend should make employers take notice.
Employer: 'Who's Home Cooking?'
"Employers need to carefully consider whether bias against mothers exists and whether they are offering flexible work arrangements to mothers and fathers," said Joan Williams, a professor and director of a gender, work and family law program at American University in Washington, D.C. "The clearest message to employers is the best defense against this kind of lawsuit is a family-friendly workplace."
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