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

Assignment 1 - Essay Example1). The conflict has led to a legal suit by The U.S. Equal Employment Opportunity Commission on behalf of the employee. According to the military commission, the employers branch of Bayou City Wings is believed to have discriminated against the employee because of her condition as an expectant mother. The so-called discriminatory action is based on the employers indemnity that provides for an automatic termination of employment later on a womans three months into maternity 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 fired despite her doctors 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 revalue 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 comp whatevers policy and its implementation, the commissions representative points out that the constitution provides for a womans righteousness to her employment as yet when she is pregnant. The employer therefore has no right to compel a woman into a leave, even at the womans 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 womans pregnant condition. This is because the companys 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 womans right to remain in full employment during he r pregnancy period. Employment and anti discrimination laws for pillowcase provide three categories of fosterion of womens rights during pregnancy, during delivery period, and after delivery. Employers are for example not allowed to use a womans pregnancy as a basis for determine her capacity to perform her duties. Similarly, a pregnant womans inability to perform her employment roles, delinquent 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 womens interest at work is their freedom to work until such a sentence that their conditions cannot allow them to work anymore. The decision to seek leave from work is however, the womans and not the employers (Eeoc, p. 1). The facts of the case however contravene all these three conditions. Ms Castillos contract was for example e nd on the primary basis of her pregnancy as is evidenced by the companys 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 inability. The organization would for example not dismiss men or non-pregnant women because of temporary illnesses. Lastly, in her condition, and with her