Question

7.7. Pregnancy-Related Discrimination. Does a person have to be pregnant to sue for pregnancy discrimination? Suzanne Kocak resigned as an obstetric nurse at a community hospital due to pregnancy complications. After delivering her child, she applied for, but did not get, a part-time position. She claimed that the personnel manager at the time of her part-time application asked whether she was pregnant or intended to have more children. Kocak asserted that the manager later told her the decision was based on the complications caused by her past pregnancy. The defendant produced evidence that Kocak was not rehired because she was an unreliable employee and was avidly disliked by her peers. How should the federal district court rule on the defendant’s motion for summary judgment on Kocak’s PDA claim? Are there privacy rights which should be respected? (Kocak v. Community Health Partners of Ohio, Inc., 400 F.3d 466 (2005)

Answer 1

Pregnancy Discrimination Act or PDA of 1978 refers to the United States federal statute that came after the amendment of Title VII of the Civil Rights of 1964. It prohibits discrimination based on pregnancy. The act includes discrimination related to pregnancy, childbirth, and other related medical conditions.

The person may not necessarily be pregnant to sue for pregnancy discrimination. Susan Kacak resigned as an obstetric nurse due to pregnancy complications. When she reapplied to the job she was not hired. According to her claim that the manager refused her application asking if she is pregnant or intending to have children. Further, she claims that she was refused due to her past pregnancy complications. On the basis of her claims, she can sue the authorized person that is responsible for the rejection of her application as an employer cannot reject the application based on pregnancy issues or related medical conditions. Kacak can sue for discrimination as she was refused based on her potential pregnancy as only females can be pregnant. This also relates to discrimination based on the sex of a person. On the other hand defendant showed evidences that cuase of unhiring her was being disliked by her peers and unreliability of Kacak. In case the evidence produced by the defendant is foound to be be true than court can take go in favour of defendant. Kacak was also asked if she intended to have children that concerns with the privacy rights of Kacak.