This case involves a scenario where my client was deprived the management position which was available in the medical institution she works for as a medical staff. The management position became vacant due to the retirement of the holder of the office. My client has an impeccable working record in the institution throughout her employment life. However, throughout her employment in the hospital, she has missed work for only two weeks due to gestational diabetes where she was ordered bed rest. My client is pregnant and is expected to take a two months maternity leave. However, she finds out that the management position has been offered to a co-worker who has less experience, time, and education on the job. I am going to represent her alleging discrimination and prevail justice.
I strongly agree that my client has valid claims against the medical office. Any medical office whether public or private should not discriminate or be biased due to someone's physical state such as pregnancy and expecting delivery . This is per the US Pregnancy Discrimination Act.
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For an employee in medical conditions such as childbirth or expected delivery, the medical office in the institution she works for should consider and treat her as temporary disabled . The medical office should also support her with all the benefits the condition requires. The Patient Protection and Affordable Care Act PPACA, of US Department of Labour UDL, outlines the rights of employees when in medical conditions . My cli e nt therefore should be considered and an action taken towards discrimination which is evident in medical offices ( Cousins , 2010).
My client has the requirement for the promotion and a recommendable performance. However, it is evident that there are discriminations and biasness of employees in the institution since the new holder of the medical office does not have qualified requirements to run the office.
With these arguments, my client is entitled to full support from the medical office in the hospital and should be offered the promotion, which she has competently worked for.
Reference
Cousins, M. (2010). The Patient Protection and Affordable Care Act and Constitutional Challenges. SSRN Electronic Journal . doi:10.2139/ssrn.1718471
