Gerdau Macsteel’s Parental Leave Policy Discriminated Against Male Employees, Class Action Alleges

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Gerdau Macsteel, Inc. faces a proposed class action that alleges the company’s parental leave policy is discriminatory toward non-union birth fathers.

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More specifically, the 17-page lawsuit says that Gerdau’s parental leave policy previously denied non-union male employees paid paternity leave yet provided non-union female employees six weeks of paid maternity leave. The complaint, filed a man who worked at Gerdau’s Monroe, Michigan steel mill, claims the steel production company has discriminated against non-union male workers by depriving them of paid parental leave benefits equal to those afforded to their female counterparts.

The plaintiff says that upon request, Gerdau allowed him 30 days of unpaid parental leave after his wife gave birth in November 2022. In contrast, Gerdau’s policy states that “the employee who gave birth” could receive 12 to 14 weeks of paid maternity leave, including six weeks of fully paid leave “for such things as baby bonding and/or dealing with baby medical matters,” the suit relays.

The case claims the policy, which is reportedly no longer in place, “prevented, discouraged, and deterred” many male employees from applying for six weeks of fully paid baby bonding parental leave. In some instances, male workers had been “outright denied” the opportunity to apply for this employee benefit, the filing says.

“By instituting and operating this discriminatory policy and practice, Defendant has intentionally treated male and female employees differently with respect to the compensation, terms, conditions, and privileges of employment, in violation of Title VII [of the Civil Rights Act of 1964],” the complaint states. 

According to the suit, Gerdau’s policy also served to reenforce the sex-based stereotype that women should be caretakers of children while men should return to work after the birth of a child.

The case notes that on August 30, 2022, the plaintiff filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission against Gerdau on behalf of himself and other similarly situated male employees. As of January 1, 2023, the company’s parental leave policy no longer limits eligibility for paid baby-bonding parental leave following the birth of a child based on the employees’ gender, according to the suit.

The lawsuit looks to represent all males who had a baby through natural birth (i.e., not adoption or placement through foster care) at any time from August 30, 2019 through December 31, 2022 while they were employed by Gerdau Macsteel, Inc. in a non-union position. 

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