Case 1: Read “The Case of Janet K. and Epilepsy” found on p. 177 of the textbook

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.  See document at end of guidelines.

• 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).

Your letter should use at least one scholarly or professional source other than the textbook. All sources, including course materials, must be cited according to APA style.

The Case of Janet K. and Epilepsy

Janet K. had suffered from epilepsy since she was an infant. Her condition was well controlled as she entered adulthood, and she was able to complete a nursing program in good health. She particularly enjoyed working as a scrub nurse in the operating room. Upon graduation she applied at the large university teaching hospital where she had performed her clinical work during her nursing program. The hospital knew of her epilepsy history and offered her a job in their medical records department. Janet petitioned to be able to work in surgery, but the hospital administrators felt that it was too dangerous for Janet and for the surgical patients if she should have a seizure there.

While working in medical records, Janet’s seizures began to return. She would have a seizure at least every month even though her medications had been changed. Janet noticed that some of her fellow medical records technicians would stay away from her for fear of not knowing how to help her during a seizure. One afternoon a physician was dictating his case records in a cubicle next to Janet’s when she had a seizure. He helped her and then went to the hospital administrator and told her that Janet should not be allowed to work in a hospital because it gave the hospital, with its image of healing, a bad reputation.

Janet, at the age of 27, was the only one terminated because of departmental downsizing.

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