Assignment 1 Essay Example | Topics and Well Written Essays - 750 words

Assignment 1 - Essay Example 1). The dispute has led to a legal suit by â€Å"The U.S. Equal Employment Opportunity Commission† on behalf of the employee. According to the commission, the employer’s branch of Bayou City Wings is believed to have discriminated against the employee because of her condition as an expectant mother. The alleged discriminatory action is based on the employer’s policy that provides for an automatic termination of employment after a woman’s three months into pregnancy or a mandatory leave without payment. The commission however claims illegality of the policy leading to the suit that was filed in Texas (Tsikoudakis, p. 1). Facts around the case further indicate that the employee was dismissed despite her doctor’s advice that she could work until the last month of her pregnancy. According to the suit, the employer told the employee that its clients do not appreciate services by expectant women and that her dismissal would be a lesson to other employees that the organization shall dismiss its pregnant employees or offer them leave without pay. The commission also reports other instances of similar treatments. In identifying illegality of the company’s policy and its implementation, the commission’s representative points out that the constitution provides for a woman’s right to her employment even when she is pregnant. The employer therefore has no right to compel a woman into a leave, even at the woman’s best interest (Tsikoudakis, p. 1). Case analysis The case identifies legal issues in the dismissal of pregnant women. The first issue is the ethical approach to discrimination that is based on a woman’s pregnant condition. This is because the company’s policy offers unfair treatment to women on the fundamental basis of their pregnancy. This contravenes social perspective that values pregnancy for recreation. Another aspect of the case, from a legal perspective, is a woman’s right to remain in full employment during her pregnancy period. Employment and anti discrimination laws for example provide three categories of protection of women’s rights during pregnancy, during delivery period, and after delivery. Employers are for example not allowed to use a woman’s pregnancy as a basis for determining her capacity to perform her duties. Similarly, a pregnant woman’s inability to perform her employment roles, due to her pregnancy, must not be used to her disadvantage and she should be accorded a similar treatment to that of any other employee who is temporarily disadvantaged with respect to performance of employment roles. Another legal provision that protect pregnant women’s interest at work is their freedom to work until such a time that their conditions cannot allow them to work anymore. The decision to seek leave from work is however, the woman’s and not the employer’s (Eeoc, p. 1). The facts of the case however contravene all these three conditions. Ms Castillo’s contract was for example terminated on the primary basis of her pregnancy as is evidenced by the company’s policy and its implementation that has also seen other eight women lose their jobs at the organization. Castillo was similarly discriminated against on grounds of her pregnancy because she was not treated as any employee would have been treated in case of a short-term inability. The organization would for example not dismiss men or non-pregnant women because of temporary illnesses. Lastly, in her condition, and with her