Posted: May 1st, 2025

Discussion post: Is there Discrimination?

In this discussion, you get to be the lawyer. Choose one of the two case scenarios listed below. Then pick a side. Decide whether you want to represent the employee alleging discrimination (the plaintiff) or the hospital defending the claim (the defendant).

Case Scenarios:

• Case 1: Read “The Case of Janet K. and Epilepsy” found on p. 177 of the textbook. Assume for the purposes of this question that Janet has consulted an attorney to see what her rights are and what her options might be for bringing a claim against the hospital.
• Case 2: A management position has opened up due to a recent retirement in the medical staff office at the local hospital where you work. You and your pregnant coworker Melissa are talking about it at lunch one day. Melissa is very excited because she has been told several times by different senior managers that the next management position available would be hers.

The next day, however, it is announced that a male coworker with less experience, education, and time on the job was offered the position. Melissa feels very strongly that it is because she is pregnant and going on maternity leave in two months. Melissa has an impeccable performance record throughout her employment at the hospital, and other than two weeks of doctor-ordered bed rest for gestational diabetes, she has not missed a day of work during her pregnancy. She has consulted an attorney to see what her rights are and whether there is any action that can be taken against the hospital.