Nursing Ethics Case Study: Analyzing Employment Law & Discrimination

This case study presents a legal perspective on a situation where a nurse, Melissa, believes she was unfairly denied a management position due to her pregnancy, despite assurances of her suitability and superior qualifications compared to the selected candidate. The analysis highlights the relevance of employment law, particularly the Family and Medical Leave Act (FMLA) and federal employment laws prohibiting discrimination based on gender and pregnancy, potentially constituting quid pro quo harassment. The letter to the hospital chairperson emphasizes the employer's responsibility to demonstrate the selected candidate's bona fide job-related qualifications and seeks clarification on the employment decision. Desklib offers similar solved assignments and past papers for students.

Running head: NURSING ETHICS
Case 2
Name of the Student
Name of the University
Author Note

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To,
The Chairperson,
XXX Hospital.
Dear Mr. XXX,
I have been a legal representative of your employee Melissa and am writing to you on
behalf of the recent employment of a person at a management position, for which my client
Melissa was most eligible.
My client Melissa had been assured several times by senior managers working in the
hospital that she was most suitable for the job position as she had manifested an impeccable
performance, all through her employment years. My client holds the strong belief that despite
having more experience of working in the domain of health and social care, she has not been
provided with the new opportunity owing to her pregnancy and upcoming maternity leave for
the next two months. Furthermore, my client is also correct in stating about discrepancy in
the employment procedure due to the fact that the person appointed for the management
position does not have as much experience, or academic expertise. Thus, it can be rightly said
that the employment procedure for the management position has not adopted fair means and
is not transparent.
My client is entitled to win the argument for two reasons. The employment law is
responsible for governing the duties and rights between the workers and the employers.
Commonly referred to as the labor law, adherence to the rules stated in this legislation helps
in maintaining safety of the workers and also ensures that they are treated in a fair manner
(Colvin & Gough, 2015). The Family and Medical Leave Act (FMLA) provides all eligible
employees, an estimated 12 weeks of job-protect and unpaid leave, on an annual basis
(United States Department of Labor, 2018). Furthermore, this law is applicable to those who

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have worked in an organization for at least a year, with the total work hours amounting to
1,250 hours. Therefore, if the hospital administration had ruled out the probability of
appointing Melissa for the management position based on her pregnancy and two months
maternity leave request, it was an unlawful practice. It is compulsory for the organization to
provide her the aforementioned leave days, besides reinstating her to the equivalent or same
position, which she will be holding, prior to her maternity leave. Also, all employees are
protected from employment discrimination by the federal employment laws. Therefore, the
organisation is prohibited to discriminate against job applicants, based on their colour, race,
pregnancy, sex, religion, disability, age, or national origin (U.S. Equal Employment
Opportunity Commission, 2018). Hence, it was also wrong on the part of the management to
disapprove Melissa’s candidature for the post, based on her gender and pregnancy, thereby
resulting in Quid pro quo harassment.
Thus, it is the primary responsibility of the employers to establish the fact that the person
appointed for the management position has a bonafide job-related qualification that is
rationally obligatory for the business operations. With this, I take the occasion to thank you
for the excellent services and work that the organization has offered in the field of health and
social care. Nonetheless, we hold high hopes to be informed about the exact reasons that led
to employment of another person for a management post, for which my client was most
suitable. Your immediate consideration to my client’s queries will be esteemed.
Kind regards,
XXXX.

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References
Colvin, A. J., & Gough, M. D. (2015). Individual employment rights arbitration in the United
States: Actors and outcomes. ILR Review, 68(5), 1019-1042.
U.S. Equal Employment Opportunity Commission. (2018). Sex-Based Discrimination.
Retrieved from https://www.eeoc.gov/laws/types/sex.cfm
United States Department of Labor. (2018). Wage and Hour Division (WHD)- Family and
Medical Leave Act. Retrieved from https://www.dol.gov/whd/fmla/