The Jones Day Parental Leave Lawsuit Settles!

March seems to have come in like a lamb based on some interesting news. The high-profile parental leave case, Savignac v. Jones Day (D.D.C. 2025) finally settled. We reported on this case in this blog AND also discussed it in our whitepaper on parental leave.

As a savvy reader, we know you are aware that bonding/parental leave policies where both parents are not treated equally, whether on the face of the policy or in its application, are contrary to guidance from the Equal Employment Opportunity Commission (EEOC) and rife for litigation, with devastating results for employers (such as the $1.1 million 2018 settlement against Estée Lauder, which we reported in our blog and in our whitepaper).

Today's cautionary tale, Savignac v. Jones Day, involved a married couple, working at a large international law firm (Jones Day), who brought the lawsuit against the firm, and individuals within the firm, alleging, among other claims, that Jones Day's paid parental leave policy was discriminatory and violated Title VII of the Civil Rights Act.

Although the policy on its face provided all primary caregivers with 10 weeks of paid family leave, the couple alleged that in practice the law firm also gave an additional 8 weeks to biological mothers, which unlawfully discriminated against male associates.

Jones Day asserted that the additional 8 weeks of paid parental leave given to biological mothers but not biological fathers, was "disability leave" associated with recovery from childbirth, which would be an acceptable policy according to EEOC guidance, BUT, the couple claimed that in practice, Jones Day provided the additional 8 weeks of "disability leave" to all biological mothers without regard for if, or how long they would be disabled from performing their job duties. To support their claim that the 8 weeks wasn't related to a disability caused by giving birth, the couple alleged the following:

• Pregnant female employees could arrange to take the additional 8 weeks of paid leave even before they gave birth (i.e. before they knew if, or how long they would be disabled from performing legal work).
• Female employees did not need to present a medical certification of disability showing they were disabled because of childbirth and for how long.
• The couple claimed that Jones Day adopted the 8-week presumptive period of short-term disability leave based on "harmful stereotypes and archaic gender roles." According to the lawsuit, this meant that the law firm assumed the females rather than males needed more time to bond with the new baby.
• Also, adoptive mothers, who were not disabled as a result of childbirth could also take the 8 weeks of paid leave that biological mothers received. The couple argued that this further confirmed Jones Day's policy of giving every female primary caregiver 18 weeks of paid parental leave regardless of disability.

Since the couple initially filed suit in 2019, we have been watching and waiting. On October 3, 2024, the trial court issued a 98+ page order deciding which claims could be heard by a jury (i.e., deciding motions for summary judgment). The court held that the parental leave claims could go to trial.

Then, on January 29, 2025, the court held that Jones Day must disclose to the plaintiffs a decades-old memo from Human Resources to the law firm's managing partner discussing changes to this parental leave policy. The court held that the memo was not protected by the attorney-client privilege because the law firm waived the privilege when it placed its contents in issue in the case to defend the reasons for the proposed policy.

Shortly thereafter, the case settled for an undisclosed amount. On February 25, 2025, all parties filed a stipulation for dismissal (i.e. agreeing to dismiss the lawsuit).

What does all of this mean for employers? Well, it means that employers need to review their policies. If they are automatically giving all females more time than males, without closely scrutinizing whether the birth parent is actually disabled due to childbirth, they may be at risk for a long drawn-out lawsuit and costly settlement.

Reliance Matrix Can Help!

Reliance Matrix offers employers leave administration, including leave solutions and accommodation services. For more information, contact your Reliance Matrix account manager or send us a message to [email protected].

Through its insurance and administrative services entities, Reliance Matrix offers integrated leave management services involving the FMLA, state-mandated paid family and medical leave and accommodation solutions. Product features and availability may vary by state. For more information, please contact your Reliance Matrix account manager, or reach us at [email protected].