BA638_Assignment 1.1

BA638_Assignment 1.1 - BA 638 Assignment 1.1 (Chapter 3,...

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BA 638 Assignment 1.1 (Chapter 3, Question 3) Background (from text): A pregnant employee was advised by her physician that her fetus had severe deformities and that she should terminate the pregnancy. She elected to have an abortion. The woman’s husband informed her supervisor, who was also a company vice president. The husband requested a week’s vacation for the following week and believed that the leave was granted. Under company policy, employees were required to call in daily in the event of an illness, although there was evidence that exceptions were sometimes made to this policy. The woman was fired five days after having her abortion, on the ground that she had abandoned her job by not calling in. The vice president had commented that the woman “didn’t want to take responsibility” in response to another employee’s comment related to the abortion. The terminated employee sued. What should the court decide? Why? ( Doe v. C.A.R.S. Protection Plus , 527 F.3d 358 (3d Cir. 2008)) What should the court decide? The key fact in this scenario is that the plaintiff (Jane Doe) was pregnant and was fired just days after her superiors learned that she had an abortion. Ultimately, the courts should decide that Jane Doe was the victim of discrimination based on her status as a member of a protected class as defined in the Pregnancy Discrimination Act. The framework for this decision and the supporting facts and arguments are presented in subsequent sections. Why (should the court make that decision)? The Pregnancy Discrimination Act requires protection against discrimination based on pregnancy, childbirth and related medical conditions (Walsh, 2010, p. 64). In the case of Jane Doe, the court will hear compelling evidence that Jane Doe’s abortion was a pregnancy-related medical condition. This is considered an indisputable fact because of evidence that can be provided by Jane Doe’s doctor recommending the termination based on severe deformities to the fetus. The court will also hear evidence that indicates the decision to fire Jane was influenced heavily by her pregnancy related medical condition. The arguments from Jane and her employer are detailed in the next section.
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Argument 1: the defendant The courts will likely hear two different stories regarding the reason for termination. From the employer’s perspective, they will claim that Jane Doe had no written contract guaranteeing anything other than employment at will, and therefore they need no clear reason to terminate employment. However, if accused of discrimination, the employer will attempt to show that the employee abandoned her position. The employer will state that company policy requires employees to call in each day that they miss work due to illness. By not calling in when
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This note was uploaded on 11/13/2011 for the course MBA BA638 taught by Professor Johnpatterson during the Fall '11 term at Bellevue.

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BA638_Assignment 1.1 - BA 638 Assignment 1.1 (Chapter 3,...

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