In this discussion, you get to be the lawyer. Choose one of the three case scenarios below to discuss. Then pick a side. Decide whether you want to represent the employee alleging discrimination or the hospital defending the claim.
- 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.
- Case 3: An individual who is undergoing gender reassignment/gender affirming surgery was traveling and became acutely ill. The patient sought immediate care in a different city with new healthcare providers. Unfortunately, the providers and facility had little experience or training related to transgender patients. The patient had emergency surgery, and while in the recovery room, the patient needed to use the restroom. The staff did not want to assist the patient to the restroom due to their fear of caring for a transgender patient. The patient could hear the staff arguing about whose responsibility it was to help the patient, who was heavily medicated and unable to walk to the restroom. The patient overheard the staff calling an administrator and asking what they should do. Unable to wait any longer to go to the restroom, the patient became incontinent and was extremely embarrassed about the entire situation. The patient has sought an attorney to determine whether there is any action that can be taken against the hospital.
Next, write a one-page letter to the other side arguing why your client is right. Set out the facts, the specific law or laws supporting your client’s position, and what your client wants to resolve the situation (for example, a request for a formal investigation, the offer of a promotion, or dropping the claim).