Question

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 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 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.

Answer 1

I am choosing the second case for discussion and defending Melissa my client. I would like to first inform the court that my client Melissa has been a hardworking employee of the hospital for several years and has an impeccable record where in her work or her behavior is concerned.She was the obvious choice for the vacant management position and this was communicated to her via several informal discussions with the management staff. It so happens that Melissa is pregnant is expected to go on medical leave. I would like to point out that even during her pregnancy there has been no lag from her sides in performing her duties ans she has not taken any unnecessary leaves other than those very strictly recommended by the doctor. Despite a display of such a strong work ethic from her side , the hospital has gone ahead and awarded the management position to a male employee who is clearly not qualified for the position. This action of the hospital specifically points out to the rampant gender inequality in the organization. Further, I would like to state that the Family and Medical Leave Act of 1993 has mandated an unpaid leave of a minimum of 12 weeks for attending to her newborn child. In the light of this, the hospital's actions are totally unjustified and my client calls for a repeal of the managemnent decision to not promote her and a serious review of the matter.