There Discrimination?

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.