Law, San Diego State University SDSU Law The Pregnancy Discrimination Act Discussion Responses
Description
create a follow up with at least two response posts.
Student Discussion Post 1
post 1 : dejanique
‘ll represent Melissa, the employee alleging discrimination. The facts present a clear case of potential pregnancy discrimination in the workplace. Melissa, an exemplary employee with a stellar performance record, was repeatedly assured that the next available management position would be hers. However, the hospital’s decision to offer the role to a male coworker with inferior qualifications strongly suggests discriminatory practices based on Melissa’s pregnancy status.
Federal law, specifically the Pregnancy Discrimination Act (PDA) of 1978, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Melissa’s situation aligns with this law, as her pregnancy appears to be the primary reason for the hospital’s decision not to promote her despite her qualifications and assurances of the position.
Melissa seeks a resolution that addresses the discriminatory action and ensures fair treatment. She desires a formal investigation into the decision-making process for the management position to uncover any evidence of discriminatory practices. Additionally, she seeks corrective measures, such as being offered the management position or appropriate compensation for the discrimination she has faced. Melissa wants to ensure that the hospital acknowledges and rectifies the injustice she has experienced due to what seems to be clear pregnancy-based discrimination in their promotion process.
Student Discussion Post 2
post 2: Ruth
In your initial post, set out the facts, the specific law or laws supporting your client’s 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 this discussion I will be representing Melissa, the employee claiming discrimination due to her pregnancy. The facts are Melissa has been employed by the hospital for many years, is an exemplary employee, and has the experience and education to qualify for the promotion. She has not missed any days of work except for her two-week necessary medical leave ordered by her doctor. The senior executives had promised Melissa that the next available upcoming promotion would be hers. However, they gave the promotion to someone less qualified who has less experience, education, and years at the hospital. Melissa believes the pass over in the promised promotion is due to her pregnancy and upcoming maternity leave. Pregnancy discrimination is defined as, “treating an individual –– an applicant or employee –– unfavorably in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as leave and health insurance), and any other terms or conditions of employment.” (DOL, 2022) Under the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), and Family and Medical Leave Act (FMLA) employees are protected against pregnancy-based discrimination and harassment under these federal laws. The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964, 42 U.S.C §§ 2000e et seq. “Under the PDA, employers are not allowed to discriminate against you based on the fact that- you are pregnant; you were pregnant; you could become pregnant or intend to become pregnant; you have a medical condition that is related to pregnancy; or you had an abortion or are considering having an abortion. In general, this means that you cannot be fired, rejected for a job or promotion, given lesser assignments, or forced to take leave for any of these reasons.” (US EEOC, 2016) Under this federal guideline, Melissa legally cannot be rejected for a promotion based on the fact that she is pregnant. Melissa is seeking a formal investigation to be opened against her employer and their decision process in rejecting her for the promised promotion. Under the federal law, Melissa has 180 days of the alleged discrimination violation to file a complaint. Melissa is wanting to determine if pregnancy discrimination practices have occurred, and correct measures are taken against her employer. Additionally, she is also seeking restorative measures, being offered the promotion or equal reimbursement for the passed promotion. Melissa wants to be treated fairly regardless of her pregnancy when faced with the clear pregnancy discrimination.
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