Dawn Solowey and Lynn Kappelman Quoted in Law360
“’Lean In’ Maternity Advice Could Spawn Litigation”

Seyfarth Shaw Labor & Employment attorneys Dawn Solowey and Lynn Kappelman are quoted in an April 23 Law360 article discussing Sheryl Sandberg’s book, “Lean In,” and the subject of the mention of maternity leave as it pertains to employers and employees. Although Sandberg suggests asking employees about plans to have children as a means to decrease self-limiting in that employee’s career, Dawn and Lynn point out that it opens up employers to liability and invites other indirect risks that could lead to separate discrimination claims.

Dawn states, “Sandberg is concerned that women are turning down opportunities out of fear that they won’t be able to achieve a work-life balance,” and Lynn adds, “It is the right idea with the wrong approach.”

The article outlines other means by which employers can eliminate negative impact but concludes that there are better ways “to send that message than by directly questioning a subordinate about a private issue that’s explicitly protected by discrimination laws.”