Case 2: A management position has opened up due to a recent retirement in the me

Question

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.

Explanation / Answer

Melissa can take necessary action against the hospital. It is according to the law.

Pregnancy discrimination is a type of act where employer discriminate employees by not hiring them or fire them during their pregnancy etc. Pregnancy discrimination act (PDA) is there to protect the rights of the pregnant women. The law was passed in 1978 to protect the pregnant women from any kind of discrimination.

Under the discrimination act and civil rights act Title VII 1964 -

Melissa can take necessary action against the employer. As it is against the discrimination law that no female employees would be neglected or mistreated because of their pregnancy.

Compensatory and punitive damages may be awarded to Melissa by the court as the employer discriminated her because of her pregnancy. She can get attorney's fees, court costs etc. from the employer and can also get extra compensation due to the emotional injury such as distress, loss of enjoyment of life etc.

Hope this helps :)

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