Paid parental leave is a luxury, not a right. In the United States, only 40% of employers offer it. Even so, employees sometimes sue employers over parental leave policies, alleging the policies discriminate between men and women.

That’s the allegation lobbed by a married couple who sued Jones Day last week. The plaintiffs, Mark Savignac and Julia Sheketoff, each worked in Jones Day’s elite issues and appeals practice after clerking for U.S. Supreme Court Justice Stephen Breyer.