Case Overview
The case summarizes that Melissa, the local hospital employee, was not promoted despite her clear expectations and qualifications. The person who got the post she hoped for has less experience and education, and Melissa is convinced that she did not get a promotion because she was pregnant. The key problem in this case is whether or not Melissa faced discrimination due to her pregnancy, and what she should do if she did. In Melissa’s case, her managers likely discriminated against her based on her pregnancy.
Legal Protections Against Pregnancy Discrimination in Employment
The employers’ actions may be treated as discrimination. The law does not allow any form of discrimination regarding employees because of pregnancy (Pregnancy Discrimination Act, 1978). Pregnant employees should not lose their jobs, roles, or usual assignments. The promotion cannot be taken from an employee due to pregnancy as well (Fenton, 2018).
Melissa performed her duties well during pregnancy and could do the job effectively and reliably. She was also promised a promotion by senior managers before. Considering all stated above, Melissa has strong grounds to suspect that her not getting a promotion was a form of pregnancy-based discrimination.
Steps to Address Pregnancy Discrimination
In this case, the solution is to turn to organizations that help workers defend their rights reasonably. Melissa should turn to the Equal Employment Opportunity Commission and press and file a charge of discrimination against her employers. The EEOC will help her to start an official investigation into why she was rejected for a new post.
However, there is a strict time limit on filing the charges. It should be done within 180 days of the worker’s rights violation, or the complaint may be dismissed. The next step is going to court and filing a lawsuit (Fenton, 2018). The best strategy for workers in such cases is to recognize discrimination and defend their rights with the help of legal organizations and support systems.
References
Fenton, M. (2018). Pregnancy discrimination: An action plan for women. Medium. Web.
The Pregnancy Discrimination Act, Publ. L. No. 95–555 (1978). Web.