In this discussion, you get to be the lawyer. Choose one of the two case scenarios below to discuss. Then pick a side. Decide whether you want to represent the employee alleging discrimination (either Janet in Case 1 or Melissa in Case 2) or the hospital defending the claim.
- Case 1: Read The Case of Janet K. and Epilepsy found on p. 188 of the textbook. Assume for the purposes of this question that Janet did not die of a brain tumor but has consulted an attorney to see what her rights are and what her options might be for bringing a claim against the hospital.
- Case 2: A management position has opened up due to a recent retirement in the medical staff office at the local hospital where you work. You and your pregnant coworker Melissa are talking about it at lunch one day. Melissa is very excited because she has been told several times by different senior managers that the next management position available would be hers.The next day, however, it is announced that a male coworker with less experience, education, and time on the job was offered the position. Melissa feels very strongly that it is because she is pregnant and going on maternity leave in two months. Melissa has an impeccable performance record throughout her employment at the hospital, and other than two weeks of doctor-ordered bed rest for gestational diabetes, she has not missed a day of work during her pregnancy. She has consulted an attorney to see what her rights are and whether there is any action that can be taken against the hospital.
Next, write a one-page letter to the other side arguing why your client is right. Set out the facts, the specific law or laws supporting your clients position, and what your client wants to resolve the situation (for example, a request for a formal investigation, the offer of a promotion, or dropping the claim).
In your responses to your peers, reply to at least one classmate who represented the other side in your scenario, explaining why your client has the stronger case. Remember to stick to the facts as presented and to avoid making assumptions or generalizations. A strong legal argument applies the facts to the law to reach a conclusion that supports your position.
Your letter should use at least one scholarly or professional source other than the textbook. All sources, including course materials, must be cited according to APA style.
To complete this assignment, review the Discussion Rubric document.
Peer 1:To Whom it May Concern,
We at ERJ Law, informs you, University Teaching Hospital, of a possible complaint under Equal Employment Opportunity and Employment Act (EEOA), Title VII, on behalf of Janet K. We believe that her termination of employment was due to discrimination claim under Americans with Disability Act (ADA) of 1990 which was amended in 2008 (U.S. Equal Employment Opportunity Commission, n.d.). We seek cooperation from your establishment to conclude to an agreement of reconsidering her employment status and allowing her to resume her duties and to pursue other position opportunities at work that may come available for her qualifications assuming this will not cause direct threat to the health and safety of others (Epilepsy Foundation, 2013). Also, for back pay from the day she lost her job until the day she regains her previous employment.
Our client suffered with a disability since birth, but she managed to have it under controlled as an adult especially during her nursing school, graduating with proficient training in all department of her clinical rotation at your hospital. According to her claim, after graduating she applied for employment at your hospital who have a good knowledge of her medical condition, but was only offered a position in medical records even when she qualified for other positions. It was expressed to her by the administrative department that her medical condition puts them in liability if ever that she would have a seizure (Fremgen, 2016). According to ADA, employer cannot rely on myths and stereotypes about the condition to conclude that the person is unable to do their job or pose a safety risks without an objective evidence (Epilepsy Foundation, n.d.). Also, she claimed that while working at the medical records, her seizures began to return, and she felt alienated by her peers because of her condition. According to Epilepsy Foundation, 3% of people with epilepsy can suffer from photosensitivity seizures which is due to flashing lights that may be due to changes in light patterns that may have caused by computer screens (Epilepsy Foundation, 2013). This should have been an opportunity to discuss with our client about her rights for a reasonable accommodation which includes specifics pertaining to her needs to provide her with an equal employment opportunity to include but not limited to her safety during an episode, and guidelines to other employees how to respond with coworkers who are having seizures at work. She claimed that her employment termination was very sudden after her last seizure and being the only one, and with disability, who was terminated due to department downsize was an unfair action from your department.
We believe her claims are of true statements and have grounds for discrimination under EEOC law. We hope you consider our terms before we file a formal investigation and a legal claim against your institution for violating Americans with Disability Act, Title VII of the Civil Rights Act (Fremgen, 2016).
Elaine Jimenez, Esq.
Fremgen, B. (2016). Medical law and ethics (5th ed.). Upper Saddle River, NJ: Pearson.
To whom it may concern,
I am writing to you on behalf of my client, Melissa Smith. This letter pertains to the discrimination case brought against your organization. My client has brought this situation to me, and I am positive that should this progress to court, there will be proven discrimination against Mrs. Smith and her pregnancy.
Mrs. Smith had been assured on numerous occasions by members of your leadership that she was in line to receive this promotion. The fact that her being passed up for the promotion coincides with her pregnancy is, in the very least, suspect. Also, the fact that the promotion was given to a male coworker with less experience, education, and time on the job is extremely questionable. Melissa feels very strongly that it is because she is pregnant and going on maternity leave in two months. Melissa has an impeccable performance record throughout her employment at the hospital.
In your organization’s actions of disqualifying Mrs. Smith from the promised promotion, there are specific laws your organization has been in violation of, specifically the Pregnancy Discrimination Act of 1978. This act specifically prohibits sex discrimination on the basis of pregnancy (EEOC, n.d). There are four crucial pieces of proof that qualify Mrs. Smith for a discrimination lawsuit and are evident in this case to prove your organization discriminated against Mrs. Smith based on her pregnancy (Costello & Mains, 2019). We can prove that Mrs. Smith is in fact pregnant. We can prove that Mrs. Smith was well qualified for the job. We can also prove that by not given Mrs. Smith the promotion she had been assured that adverse action was taken against my client. And finally, we can prove that a connection exists between Mrs. Smith being pregnant, and your decision to give the promotion to an unqualified male coworker.
I believe in order to resolve this dispute, there are amends you can make to Mrs. Smith. Mrs. Smith should be immediately retained for the management position in question. There should also be a formal inquiry into the hiring of the coworker over Mrs. Smith. Should Mrs. Smith be given the leadership opportunity she was assured by your leadership, this claim will be dropped. Should these requests not be performed, we will be pursuing a discrimination lawsuit and will also be seeking financial compensation equal to or greater than the salary that Mrs. Smith would have received should she have been given the promotion she was assured, plus damages.
We look forward to your response and an amicable resolution of this issue.
Costello & Mains. (2019, September 12). How to prove pregnancy discrimination at work. Costello & Mains, LLC. https://www.costellomains.com/blog/2019/09/how-to-prove-pregnancy-discrimination-at-work.shtml
EEOC. (n.d.). The Pregnancy Discrimination Act of 1978. U.S. Equal Employment Opportunity Commission. https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978
"Place your order now for a similar assignment and have exceptional work written by our team of experts, guaranteeing you A results."