As an attorney in the in the New York City law firm, I would advise Dorris Jones to adhere to the lawfully stipulated procedures in handling her employee’s pregnancy issues. The headmaster should understand the consequences of violating the pregnancy discrimination Act as stipulated in title VII of the law. This applies to all employers who have at least 15 workers on their payroll. Therefore, in this case, the PDA guidelines apply to this case since the school has 47 staff members. The headmaster should know that the PDA clearly illustrates that an employer cannot fire a worker due to pregnancy or any other related conditions. Therefore, with this knowledge, I advice Jones to press no further actions towards Davis since it is a clear violation of her civil rights. Therefore, to amend this situation, the headmaster should provide Davis with all necessary accommodations as stipulated in the American Disability Act. In this law, pregnancy is regarded as a temporary disability and a private issue. This implies that the employer needs to treat Davis the same way she would treat the sick and the disabled. Therefore, Davis should be given a paid pregnancy leave because her pregnancy does not allow her to carry out some duties effectively. Jones should also proceed not to terminate Davis from her job since it violets the PDA discrimination law.
One of the major components of the Pregnancy Discrimination Act emphasizes that the eligible employers should provide “sufficient benefits” to its employees. This includes the insurance policies and paid medical leaves among other employee-related benefits that do not discriminate against pregnant women. This Act also consists of a fundamental element that refrains the employer from imposing discriminatory employment issues such as firing, training, and denial of health insurance to the pregnant worker.
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Family and medical leave act is a law that was signed in 1993 to enable pregnant workers to have unpaid leave lawfully. This allows them to take care of their babies and other family-related issues without losing their current jobs. Under the FMLA act, the employee is entitled to up to 12 weeks of the unpaid leave in a year. However, this applies to those workers with pregnancy-related issues and serious health conditions. Another important element of this law is that upon returning from the leave, the employee is supposed to be restored to his or her initial job or any other equivalent position. The employer has an obligation to restore the worker’s benefits and other insurance policies. Finally, the FMLA is only applied to those employees who have served for not less than 1250 hours from their current job in the past 12 month period. However, this law applies to those employers having at least 50 employees working in a day in a calendar year.
Considering the guidelines of the PDA law, Davis is eligible to be protected under this law. This is because she works in a firm having more than 15 employees, she is pregnant, and the employer wants to infringe on her civil rights. Therefore PDA Act only applies in situations where the employer carries out discriminatory actions towards his or her employees based on pregnancy issues. Therefore, in this case, Davis should be provided with all the necessary benefits that apply to all employees in the school. The employer is not supposed to terminate her job duties since it will be a clear violation of the Pregnancy and Discrimination Act.
According to the guidelines of the FMLA, Davis is ineligible to apply for the benefits related to this law. However, Davis satisfies the FMLA condition of serving at least 1250 hour in a calendar year. This is because she has worked for two months at the firm. However, the school has 47 employees who are less than the stipulated number of employees in the Act. The FMLA law only applies to those employers who have at least 50 workers for daily duties in a 20 week calendar year. Therefore in line with this restriction, the Skyline Preparatory high is ineligible to offer its employees the FMLA benefits.
Therefore, the actions of the school in handling this case are retrogressive and could lead to tougher implications from the law. The headmaster has no legal authority to fire Davis from her job according to the PDA. This is due to the fact that as per the stipulated rules in the pregnancy and discrimination acts, Davis qualifies to be protected by this law. Therefore, the school provides Davis with all the necessary benefits that are tied to the sick and disabled workers. This is because pregnancy is regarded as a temporary disability. Additionally, the fact that Davis is employed in the school clearly puts the position of the headmaster at risk. She is one of the employees of Skyline Preparatory School thus; the school is mandated to provide her with all the benefits tied to the PDA Act.
In conclusion, the Skyline predatory school should ensure that the PDA law is followed to the latter by providing Davis with the necessary benefits tied to her pregnancy. Davis should be provided with the health insurance benefits and other employment benefits tied to her position as a teacher. However, the school should not provide Davis with the FMLA benefits since she doesn’t qualify for the guidelines of the act. Finally, the school should know that there are adverse implications of not following this law to the latter. Violation of the pregnancy and discrimination Act can lead to the withdrawal of the operating licenses should Davis consider suing the school.
