Need to side with the hospital in response to classmates posting…

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.

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.

5-1 Discussion: Is There Discrimination?

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.

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.

Need to side with the hospital in response to classmates posting…

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.

Classmate Response:

To whom it may concern,

I am writing on behalf of my client Melissa to request a formal investigation into the promotion process for the recent management position at your facility.

My client feels that she was overlooked and discriminated against regarding this position due to the fact that she is eight months pregnant. The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, “prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions,” (U.S Department of Labor). “Pregnancy discrimination involves treating an individual, an applicant or employee, unfavorably in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits and any other terms or conditions of employment,” (U.S. Department of Labor). Furthermore, per the U.S. Equal Employment Opportunity Commission, it is illegal for an employer to discriminate against an employee or applicant based on sex, which includes expectant mothers, as well as basing hiring decisions on assumptions and stereotypes about a person’s sex, again protecting pregnancy.

My client feels she was not given the opportunity to interview for the management position at your facility because she is pregnant. Regardless of comments made by other senior managers stating she was next in line for this position, her resume alone warrants at the very least an interview. The person who received the position has less education, less job experience and less tenure at the facility. Melissa has an impeccable work history with your company, stellar references from both current managers as well as outside sources, and has shown loyalty to your facility through longevity in her position.

Again we ask for a formal investigation into the hiring and promotion process for this position. If this request cannot be met and adequate proof cannot be given as to why my client was not given, at the very least, an interview, we will be filing a formal complaint of discrimination.