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Case Name Rotondo v. JPMorgan Chase Bank EE-OH-0123
Docket / Court 2:19-cv-2328 ( S.D. Ohio )
Additional Docket(s) 1:19-cv-408  [ 19-408 ]  Southern District of OH (U.S.)
State/Territory Ohio
Case Type(s) Equal Employment
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Outten & Golden
Case Summary
In June 2017, a JP Morgan Chase Bank employee filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). He received a right to due letter from the agency in February 2019.

On May 30, 2019, the plaintiff filed this class action against JP Morgan Chase Bank in ... read more >
In June 2017, a JP Morgan Chase Bank employee filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). He received a right to due letter from the agency in February 2019.

On May 30, 2019, the plaintiff filed this class action against JP Morgan Chase Bank in the U.S. District Court for the Southern District of Ohio. Represented by the ACLU, the ACLU of Ohio, and the employment law firm Outten & Golden LLP, the plaintiff sought declaratory, injunctive and monetary relief. The plaintiff claimed that the company discriminated against him and other fathers by denying them paid parental leave on the same terms as mothers. He alleged that JPMorgan’s parental leave policy violated Title VII of the Civil Rights Act of 1964, the Ohio Fair Employment Practices Act, and other state and local laws that prohibit employers from discriminating against employees based on sex or sex-based stereotypes. That same day, the plaintiff filed an unopposed motion for class certification, preliminary approval of a settlement class, and proposed notice procedure for absent class members. The case was transferred to Judge Susan Dlott days later.

Under the settlement, the defendant agreed to maintain its current gender neutral parental leave policy, which was clarified following the filing of the plaintiff’s discrimination charge. It also agreed to train those administering the policy on its gender neutral application and to pay $5 million to fathers who claimed they were denied the opportunity to take additional paid parental leave as primary caregivers. The Chase settlement is the first private class action to settle sex discrimination claims for a class of fathers who claim they were denied the opportunity to receive equal paid parental leave given to mothers.

The court granted preliminary approval of the plaintiff’s request for class certification of those who had similarly been unlawfully denied paid parental leave on the same terms as mothers on June 21, 2019. It set a date for a fairness hearing for November 6, 2019. The case is ongoing

Nelius Wanjohi - 10/14/2019


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Provide antidiscrimination training
Training
Discrimination-area
Accommodation / Leave
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Plaintiff Type
Private Plaintiff
Causes of Action Equal Pay Act, 29 U.S.C. § 206(d)
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) JPMorgan Chase Bank N.A.
Plaintiff Description All male employees of Chase nationwide who took the maximum amount of non-primary caregiver leave available under Chase’s policy in effect at the time for the birth of one or more child (either one week or two weeks depending on the time period, would have otherwise qualified for paid parental leave, but did not take primary leave, and whose request for non-primary or primary parental leave or leave was within the applicable statute of limitations period.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Outten & Golden
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Filing Year 2019
Case Ongoing Yes
Docket(s)
2:19-cv-2328 (S.D. Ohio)
EE-OH-0123-9000.pdf | Detail
Date: 08/20/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-OH-0123-0001.pdf | Detail
Date: 05/30/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement and Class [ECF# 16] (S.D. Ohio)
EE-OH-0123-0002.pdf | Detail
Date: 06/21/2019
Source: PACER [Public Access to Court Electronic Records]
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Judges Smith, George Curtis (S.D. Ohio) show/hide docs
EE-OH-0123-0002 | EE-OH-0123-9000
Plaintiff's Lawyers Aaron, Deidre Anne (New York) show/hide docs
EE-OH-0123-0001 | EE-OH-0123-9000
Levenson, Freda J. (Ohio) show/hide docs
EE-OH-0123-0001 | EE-OH-0123-9000
Romer-Friedman, Peter (District of Columbia) show/hide docs
EE-OH-0123-0001 | EE-OH-0123-9000
Sherwin, Galen (New York) show/hide docs
EE-OH-0123-0001 | EE-OH-0123-9000
Shethji, Pooja (District of Columbia) show/hide docs
EE-OH-0123-0001 | EE-OH-0123-9000
Defendant's Lawyers Birnbaum, Samuel C. (District of Columbia) show/hide docs
EE-OH-0123-9000
Dunlap, Jeffrey S. (Ohio) show/hide docs
EE-OH-0123-9000
Loeb, Emily M. (District of Columbia) show/hide docs
EE-OH-0123-9000
Perrelli, Thomas J. (District of Columbia) show/hide docs
EE-OH-0123-9000
Terrell, Alyson A. (Ohio) show/hide docs
EE-OH-0123-9000

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