I am writing to bring your attention to the ensuing misunderstanding between the hospital and my client, Melissa, who was denied promotion. She feels that, her rights were violated, because she is pregnant and going on maternity leave in two months. Secondly, my client feels she was passed over for promotion, unfairly (Bakst, Taubman & Gedmark, 2014). As her employer, you failed to promote her, considering the candidate chosen was unfit for the job. Her male coworker promoted to the new position has less experience, education, and time on the job. My client is of the view that, she has an impeccable performance record throughout her employment at the hospital.
I would like to bring your attention to the following. The action you took constitutes into an illegal act, and a violation of the Pregnancy Discrimination Act (PDA) (Freeman et al., 2012). The act prohibits employers from refusing to promote a pregnant woman. My client’s pregnant condition was considered while making the promotion decision. It is unlawful to make promotion decisions based on sex (pregnancy and gender). She was denied the position because she will be going for her maternity leave for two months. Based on circumstantial evidence, it is clear that the hospital acted contrary to usual policies and practices. The most qualified person for the job was left out, and a male coworker with less experience, education, and time on the job was offered the position. The hospital made the promotion decision in a way that does not make business sense (The Spiggle Law Firm). The timing is equally suspicious. The hospital resolved to announce the promotion a few days when my client is about to go for her maternity leave.
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In view of the above, my client would like the hospital management to conduct a formal investigation into this matter within the shortest time possible. She has preserved the right to sue the hospital by filing a discrimination charge with Equal Employment Opportunity Commission (EEOC) (Bakst, Taubman & Gedmark, 2014).
References
Bakst, D., Taubman, P. & Gedmark, E. (2014). Babygate: How to Survive Pregnancy and Parenting in the Workplace. New York, NY: The Feminist Press at CUNY
Freeman, A. et al. (2012). The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary. New York, NY: OUP Oxford
The Spiggle Law Firm. Protecting Workers from Wrongful Employment Practices. Retrieved from <https://www.spigglelaw.com/employment-blog/can-sue- discrimination-not-getting-promoted/>
