[gowld]

That's how it works for discrimination in general. If you can convince a judge or jury that the choice was based in discriminaton (your simple plotline vs their excuse of how random it was, or whatever), you win. It's a hard fight.

At a big company, likely other people tried to claim paternity leave as well, and non-paternity leave people were laid off, and (with legal discovery) you can do the math on ratios of layoffs across the cohrots.