...pro-choicers and pro-lifers have found common cause in Young v United Parcel Service, a pregnancy discrimination case the justices will take up on December 3rd. Yet the ideological overlap, while intriguing, is no guarantee that justices will reach consensus. Peggy Young was working part-time as the driver of a delivery truck for UPS when she became pregnant in 2006. Ms Young’s midwife, frowning on the requirement in her job description that she haul 70lb boxes, wrote a note to UPS recommending that “she not lift more than 20 pounds." On this basis, Ms Young requested a few months of a lightened load. Other UPS employees were eligible for such an accommodation, she reasoned, so she wasn’t asking for anything out of the ordinary. Workers who were injured on the job, who were disabled under the terms of the Americans With Disabilities Act, or who lost their driving credentials were all eligible (under the collective-bargaining agreement) for “light duty” assignments. But Carolyn Martin, the company’s occupational health manager, rejected Ms Young’s request. Since pregnancy did not fall into any of the three categories of workers eligible for alternate assignments, UPS would not switch her to a less physically onerous job. Ms Martin "empathise[d] with [Ms Young's] situation and would have loved to help her," but sent her packing on an unpaid leave. The case concentrates on whether the Pregnancy Discrimination Act (PDA), a law passed in 1978 that fortified employment protections...
Words: 1033 - Pages: 5
...in depth the Pregnancy Discrimination Act of 1978. This Act was approved on October 31, 1978 with the purpose of amending Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. EXPLANATION OF THE ACT AND ITS HISTORY: The Pregnancy Discrimination Act was brought about as a result of the significant discrimination being placed upon woman in the workplace due to pregnancy or pregnancy related medical conditions. This Act was also passed in response to the U.S. Supreme Court holdings in General Electric Company v. Gilbert, that pregnancy discrimination does not violate the Constitution or other federal law. The Act was passed in 1978 as an effort to rebuke this descision and eliminate this discrimination and set guidelines for employers. As provided by the U.S. Equal Employment Opportunity Commission the Pregnancy Discrimination Act of 1978 is described as follows: “An Act to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection: "(k) The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth,...
Words: 2079 - Pages: 9
...has recently claimed a lawsuit against Jennifer Lawson a former employee for breach of a confidentiality agreement. Ms. Lawson was a former junior executive secretary in the research and development department was trusted with an abundance of confidential information in regards to the success of Greene's Jewelry. Subject to the lawsuit against Ms. Lawson, she counter-sues Greene's Jewelry with a claim of her being wrongfully terminated. Three years plus into Ms. Lawson’s employment with Greene's Jewelry she was informed by Lisa Peele, the head of the Human Resource Department that the company will be discontinuing the Junior Executive Secretary position in which she works. Which was at the same time she announced that she was pregnant. With no indication that she will be transferred to another department, she was ultimately laid off. In possession of confidential details of how Greene's Ever-Gold is created Ms. Lawson decided to use it to her advantage. She then went out and seeks employment from...
Words: 1300 - Pages: 6
...Subjective data Identification: K.G. is a pregnant 23 year-old Caucasian female. Chief complaint: Ms. G. enters the clinic today for a routine obstetric exam. History of present illness: Ms. G. is 34 weeks pregnant and is a G1 P0. Last menstrual period was 10/23/13. Past Medical History: The patient has a history of gestational thrombocytopenia. Past Surgical History: Ms. G. had a benign cyst removed from her anterior neck in 2013. Family History: Ms. G. states that her mother and father both alive and her father has a history of asthma. Ms. G. states that her mother has rheumatoid arthritis. Ms. G. is an only child. Social History: Ms. G. is single. Ms. G. does not smoke or drink alcohol. Ms. G. does not use or has never used illicit drugs. Ms. G. works full-time in the banking industry. Ms. G. does not participate in any form of exercise on a regular basis. Current medications: Ms. G. states that she does take prescription medications. The patient takes prenatal vitamins. Allergies: Ms. G. states she has no medication allergies. Review of Systems General: Ms. G. has gained 30 Lbs. with this pregnancy. Ms. G denies any fever or chills. Ms. G. does have normal pregnancy fatigue. Skin: The patient denies any rashes or lesions. The patient denies any changes in moles or skin growths. Head, eyes, ears, nose and throat: The patient denies any sore throat, cough, congestion. The patient does not wear contact lenses or glasses. The patient denies any...
Words: 2617 - Pages: 11
...This commercial surrogacy contract ought to have provisions that compel the surrogate to abort the fetus if a test reveals a life threatening condition that couple does not want. I do not believe that the fetus having downs syndrome is a disadvantage to the child or the parents. Downs syndrome is not a life threatening genetic disorder and it will not cause suffering to the child in the future which leads me to believe that terminating this particular pregnancy would not be the ethical choice. This contract should be heavily detailed and agreeable to both to the Rogers and Ms. Tygert before insemination is performed. Under these circumstances genetic testing is a viable way to gain insight on possible complications with the pregnancy. It is said that prenatal genetic testing is, “straightforwardly enhancing women's reproductive autonomy,” (Kukla and Wayne). Genetic testing is way to understand the chances of having severe and life threatening complications...
Words: 664 - Pages: 3
...a. Identify the presenting problem or precipitating event. Ms. Buttercup, is a single 20-year-old Asian pregnant female presented to the TCC counseling center with the complaint of “failing a class and feeling anxious because she has not had prenatal care throughout her pregnancy.” She has indicated she does not have medical health insurance because she cannot afford it.” Ms. Buttercup lives with her mother, father, and little sister. She is currently a full-time student and unemployed. Moreover, Ms. Buttercup’s fiancé (the father of her unborn child) has recently called off their engagement as a result of financial hardship. Ms. Buttercup appeared distressed and complained that she has only received prenatal care by a doctor one time throughout...
Words: 399 - Pages: 2
...would rule in favor of Greene's Jewelry. This ruling comes from the matters of breaking legal contracts. NDA’s are legal binding contracts. Ms. Jennifer Lawson breached the confidentiality agreement/contract, that she was required to sign upon working for Greene's, when she took secret information to multiple competing jewelers. The agreement was a valid bilateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each party has agreed upon to determine if there was a breach of contract and calculate a remedy. In the case of RRK Holding Co. v. Sears, Roebuck and Co. (United States District Court, N.D. Illinois, Eastern Division 563 F.Supp.2nd 832 May 27, 2008), the jury’s calculated remedy cost Sears $25 million for misappropriation. By providing documentation of the NDA, signed by Ms. Lawson at the time of her initial employment, the plaintiff can display the defendant’s understanding and thus blatant and reckless disregard of her responsibility to not disclose any information pertaining to the patented process for producing “EverGold.” Also, by providing the court with her initiated and signed contract with the plaintiff’s competitor, Greene’s is able to prove that Ms. Lawson knowingly gave this information away for gain. A winning case showing contract violation is PC Connection, Inc. v. Stephen P. Price...
Words: 1149 - Pages: 5
...Multiple Sclerosis we need to understand what exactly is Multiple Sclerosis and what does it do to the human body. According to Wikipedia, Multiple Sclerosis also knows as disseminated sclerosis or encephalomyelitis disseminate is an inflammatory disease in which the insulating covers of nerve cells in the brain and spinal cord are damaged. This damage disrupts the ability of parts of the nervous system to communicate, resulting in a wide range of signs and symptoms, including physical, mental, and sometimes psychiatric. Multiple Sclerosis takes several forms, with new symptoms either occurring in isolated attacks known as relapsing forms or building up over time known as progressive forms. About 85 percent of patients diagnosed with MS have the relapsing-remitting form of the condition, which is defined by a series of recurring, acute "attacks" of symptoms followed by recovery. Between attacks, symptoms may disappear completely; however,...
Words: 1056 - Pages: 5
...hiring women and men equally in the company in different positions (PHILLIPS v. MARTIN MARIETTA CORP, 1971). Jennifer Maudlin a single mother, bought a lawsuit against Inside Out, a religiously-based community center. She claimed that fired her after she told them, that she was in her trimester pregnancy. According to her just single mom were treated in that way, there too were single dad but the rules were different for them. They were not fired to have a kids before marriage. Jennifer is not only the person who faced such discrimination, there are many women who faces pregnancy discrimination and loses their job (Inside Out and Pregnancy Discrimination, 2013)....
Words: 641 - Pages: 3
...Running head: PCOS, AN UNDER DIAGNOSED DISORDER PCOS, An Under Diagnosed Disorder Abstract A very common, but often under diagnosed hormone disorder is called Polycystic Ovary Syndrome also known as, PCOS. A positive diagnosis along with treatment can become the answer to many other health problems, including infertility, which may have plagued the patient. Purpose Statement Shows how PCOS, when diagnosed and treated properly can become the answer to many other health problems, including infertility, which may have plagued the patient. Statement of Qualification I bring knowledge to this study because I was diagnosed with PCOS 3 years ago at the age of 28. Having missed the proper diagnosis for the majority of my child-bearing years, I suffered from many of the symptoms that will be later discussed. I have since been under treatment and have found the answer too many of the health problems I had earlier in life. PCOS, An Under diagnosed Disorder In the medical field, Polycystic Ovarian Syndrome, also known as (PCOS) is a disorder of hormones that is rarely diagnosed. Many women carry out their lives with this disorder and are never treated for it. The disorder is common, affecting as many as one out of ten; however, this number may be higher due to under diagnosis. PCOS carries a wide range of symptoms and they vary from person to person. A few of these symptoms are obesity...
Words: 1699 - Pages: 7
...Advise to Mel on what to do next: Mel has been directly discriminated due to her pregnancy and additionally she has been bullied from her work colleagues. Since Mel was working at Widgets & Gadgets for less than six months she will not be able to apply for an unfair dismissal, even though it seemed that she was put under pressure to resign (WRS Centre, 2009). Mel should take her case in front of the federal court as the unlawful acts all fall under the Federal Legislation; under the Sex Discrimination Act 1984. The first step Mel should take is to lodge a form to the Australian Human Rights Commission, either by email, online or by phone. After having the complaint reviewed the commission will decide whether the complaint is suitable for the parties to recon ciliate or not. Assuming if the parties do not agree reconciliation then the complaint is brought to the attention of the Federal Court of Australia. Issue: Whether Widgets & Gadgets discriminated against Mel Alcholy on the grounds of her pregnancy by changing her employment conditions which of disadvantaged her and additionally whether Mel was pressured into reducing her working hours and changing from fulltime employment to part time employment. Law: The following law applies to Mel’s case: * Sex Discrimination Act 1984, section 7, Discrimination on the ground of pregnancy or potential pregnancy (Austlii, 2012); with reference to case Sheaves V AAPT 2006. Furthermore Sex discrimination Act 1984, Section...
Words: 1707 - Pages: 7
...have to do with the manner in which Ms. Lawson was able to misappropriate the Ever-Gold process and to also determine why she was exempt from the non-compete covenant since she was privy to a large amount of information that executive level employees also have access to. The defense may be raised that Greene’s Jewelry should have taken steps to safeguard the information if they did not want the information to be revealed to another competitor. Also, since Ms. Lawson had access to similar information as executives, why then was she not required to sign the same non-compete agreement. The courts will confirm that the Ever-Gold process is a trade secret and that Howell’s...
Words: 1500 - Pages: 6
...Holmes v Petrovic Development Company, LLC 119 Cal.Rptr.3d 878 (Cal. App. 2011) Facts: On early June 2004, Gina Holmes (plaintiff) was employed as an executive assistant for Petrovic development Company, LLC (defendant).On July Ms. Holmes informed Mr. Petrovic, the owner of the company that she was pregnant and her due date was on December. Holmes and Petrovic exchanged series of emails discussing about her maternity leave and need for finding a replacement during her absence. Petrovic was expecting her maternity leave during December, however Holmes estimated the leave on mid-November. During exchanges Petrovic complained she changed her plan and mentioned about her condition at very last moment causing hardship for him and his company. Ms Holmes became defensive and provided the details of her past medical issues regarding pregnancies and miscarriages. She said maybe she should quit the job if Petrovic wants her to quit....
Words: 741 - Pages: 3
...it is not caught until the cancer has metastasized. The age prevalence of developing ovarian cancer is becoming younger with more woman waiting to have their first child in their thirties. Infertility has been associated with increased risk of developing ovarian cancer; whether infertility is a physical issue or a choice to wait to have kids, the risk is present with the fewer pregnancies total. Ovarian Cancer has been linked to BRCA gene that is found in breast cancer; therefore women with the BRCA gene are in danger of getting both. Cancer treatments, like chemotherapy, are causing women to be infertile. Women then must be aware about...
Words: 1787 - Pages: 8
...Alcohol Syndrome is considered to be the most serious consequence of a mother drinking alcohol during pregnancy and is considered the #1 cause of mental retardation in the United States, and it is one that is entirely preventable. FAS was first reported in France in 1968 and noticed/discussed in the United States by Jones and Smith in 1973. Jones and Smith would identify distinctive facial features in children who were exposed to alcohol during pregnancy. Some of these facial features are: short eyelid openings, flat midface, thin upper lip and a flat or smooth grove between nose and upper lip. The children can also show growth retardation and significant cognitive and/or behavioral problems/issues. In the United States, FAS/Fetal Alcohol Spectrum Disorder [FASD] occurs in about 10 per 1,000 live births or 40,000 babies per year. FAS is a lifelong condition that is not curable and has serious lifelong consequences. Unfortunately, there is no known limit on the amount of alcohol a mother can safely consume, that will not cause damage to her unborn child and it is stated that alcohol causes more damage than illegal or legal drugs. So far it has been estimated that FAS costs the American economy approximately $321 million a year. Based on all research, this particular disease/disorder is 100 percent preventable, as long as the mother does not drink any alcohol during pregnancy, the chances of her unborn child...
Words: 2101 - Pages: 9
