Question

n 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 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).

Answer 1

1. I wanted to represent Melissa case as it is a discrimination that has occurred to her in her work place were she was not been appraised properly were by a sincere record keeping employee has not been promoted at the right time.

To

From

Sub: seeking to offer a promotion to Melissa.

Respected sir/ madam

With reference to the above subject, Maternal journey is the part of women's life were it has to respected and taken care. Melissa though was pregnant she was very punctual and sincere in her duty. When the promotion or the vacancy comes in an organisation the opportunity given to its old employees with the eligibility criteria plays a important role, whereby Melissa is a personnel with all the eligibility criteria and the experience needed for that post. She would also been motivated and encouraged that she would be the next person to fill that vacancy as the retirement of previous staff would hav been planned previously. And having been a very dedicated and record making staff for the hospital when pregnancy is kept as a barrier it is a disregard shown towards her and the action and the thorough investigation has to be gone through.

Pregnancy to not be discriminated is a law which employs each women in her workplace and this has happened to Melissa in her workplace. So I request kindly to go through the investigation and do the needful and oblige.

Thanking you