Disability and Pregnancy Discrimination in the Federal workplace

Julia Flores is a 32-year-old woman, who has been diagnosed with diabetes, carpal tunnel syndrome and post-traumatic-stress-disorder (PTSD). She is a naturalized citizen, who entered the U.S. as a child refugee from El Salvador. She indicates that her PTSD is related to her experiences as a migrant/refugee. She is working as a data analyst for the U.S. Food and Drug Administration. She currently receives disability accommodations related to diabetes (more frequent break times to allow her to go eat), and carpal tunnel syndrome (voice recognition software, and extended time to complete written tasks). She does not receive accommodations for PTSD, but the diagnosis has been disclosed to her employer. 

She is about to enter her third trimester of pregnancy, and contacts the Human Resources officer in her office, to request a leave of absence beginning 2 weeks before her expected delivery date. After completing all required paperwork and documentation, the HR officer confirms that her request for leave has been approved. On the last day before her leave begins, her supervisor, Karen Taylor, enters her cubicle, and informs Julia that her planned leave during a busy time is creating a significant burden for other staff, and that questions are being raised about whether Julia is a team player. Karen is a white woman. An hour later, Julia overhears Karen speaking to other staff. Karen states, Julia has a lot of issues, and we already have to make a lot of accommodations for her. Plus, shes too emotional. Shes lucky to even be in this country. And now, we have to reorganize our workload, just so she can have a baby. Those people have too many children as it is! 

Julia is distressed and humiliated, but does not report what she overhears to anyone at work, and proceeds to take her pregnancy leave. 8 weeks later, she returns to work. 2 months after her return, she applies for a promotion to a more senior position. Her supervisor Karen is asked to provide an evaluation of her work to the committee evaluating the applicants for the position. In her evaluation, Karen acknowledges areas of proficiency and performance, but also states three criticisms: a) Julia is slower than her co-workers, b) Julia is away from her desk more than other employees, and c) Julia cant be counted on to be a team player. The promotion is ultimately given to another worker, who is white, male, has no identified disabilities, and who was hired a month after Julia for the same position she currently holds. According to his written performance evaluations by the same supervisor, his proficiency and performance are otherwise comparable to Julias, excepting that he does not face the three criticisms at issue in her evaluation. He has never taken a family or medical leave. After being denied the promotion, and reviewing her evaluation from her supervisor, Julia believes she has been wronged, and wants to know whether she has any legal recourse. Since Julia is a federal employee, she is not protected by the federal Family and Medical Leave Act.

Using this fact pattern, your task is to analyze whether Julia can ground a claim against the U.S. Food and Drug Administration in any Constitutional legal precedent or doctrine acknowledged by the federal courts. What arguments might Julia make? How might the federal government answer her arguments? What aspects of Julias experience and prospective claim, if any, would you find difficult to articulate, using any Constitutional argument, and why? 

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