Quiz and Detailed Notes: Legal Protections for Sandra
Prepare a 2- to 3-page paper (not counting the cover and reference pages) discussing how the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act, safety laws, or other state laws might apply to the following scenario. One of your old college roommates, Sandra, is a nurse who took a job that required her to lift 65 pounds smoothly. She was told the job had this physical strength requirement for patient safety and to ensure that teams of nurses could move patients as needed. Sandra worked for a nursing home chain that employed 900 employees. Sandra had become pregnant and on her doctor’s advice tried to refrain from lifting 65 pounds. After she kept finding herself in situations at work that required her to do this kind of lifting, she decided to just stay home until the baby was born. After the baby was born, Sandra went back to work, but her baby developed a medical condition that required her to see doctors frequently. Sandra didn’t have anyone else who could be a “dedicated” caregiver for her baby, so she took leave from work to tend to her child. When Sandra’s leave was about to expire, she asked her doctor to write a note in support of extending her leave. The note wasn’t clear and suggested that the doctor thought it would be nice, but not necessary, for mother and child to be together. Sandra’s manager told her that the nursing home wouldn’t be able to keep her job open for her any longer. However, he told her she should apply to the company again as a new-hire when she was ready to get back to work. Your paper should address the following: 1. Discern and discuss which laws may protect Sandra based on the given facts. 2. Identify specific impediments that might inhibit Sandra from availing herself of these protections. 3. Explain if Sandra’s employer might have opened itself to legal liabilities and if so why. Use at least three Trident Online Library sources plus any applicable background readings to support your discussion. Submit your paper by the module due date.
1. Laws That May Protect Sandra
a) Family and Medical Leave Act (FMLA)
Overview: Provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons.
Application to Sandra:
Sandra worked for a company with over 50 employees (900 total), meeting the employer size requirement.
She may qualify for FMLA leave for her own pregnancy and for caring for her child with a serious health condition.
Her initial leave and request for extension may fall under FMLA protections.
b) Pregnancy Discrimination Act (PDA)
Overview: Prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Application to Sandra:
Sandra’s inability to lift 65 pounds due to pregnancy should be accommodated similarly to other temporary disabilities.
Forcing her to perform tasks against medical advice may constitute discrimination.
c) Americans with Disabilities Act (ADA)
Overview: Prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
Application to Sandra:
Pregnancy itself is not a disability, but complications or related conditions may qualify.
Her child’s medical condition may also entitle her to accommodations under ADA’s association provision.
d) Occupational Safety and Health Act (OSHA)
Overview: Ensures safe working conditions.
Application to Sandra:
Requiring her to lift heavy weights against medical advice may violate safety standards.
Employers must provide a safe environment for pregnant workers.
e) State Laws
Overview: Many states have additional protections for pregnant workers and family leave.
Application to Sandra:
Depending on the state, Sandra may have access to paid family leave or extended job protection.
2. Impediments to Sandra’s Protections
Unclear Medical Documentation: The doctor’s note lacked clarity, weakening her case for extended leave.
Employer Interpretation: The manager may interpret the note as non-essential, justifying termination.
Lack of Advocacy: Sandra may not have formally requested accommodations or cited specific laws.
Policy Gaps: The employer may not have clear policies for extended leave or re-hiring.
3. Potential Legal Liabilities for the Employer
Violation of FMLA: If Sandra was eligible and her leave was protected, denying her job reinstatement may violate FMLA.
Pregnancy Discrimination: Requiring her to lift heavy weights during pregnancy may be discriminatory.
Failure to Accommodate: Not providing reasonable accommodations under ADA or PDA could lead to liability.
Retaliation: Terminating or refusing to reinstate her after protected leave may be seen as retaliation.
📝 Practice Questions and Answers (Formatted for Word)
1. What does the Family and Medical Leave Act (FMLA) provide to eligible employees? a) Paid vacation leave b) Unpaid, job-protected leave for family or medical reasons c) Free childcare services d) Guaranteed promotion after leave Answer: b
2. How many employees must a company have for FMLA to apply? a) 25 b) 50 c) 100 d) 10 Answer: b
3. What does the Pregnancy Discrimination Act (PDA) prohibit? a) Hiring pregnant women b) Discrimination based on pregnancy or childbirth c) Providing maternity leave d) Offering health insurance Answer: b
4. Under the ADA, what must employers provide to qualified individuals with disabilities? a) Free medical care b) Reasonable accommodations c) Paid leave d) Unlimited sick days Answer: b
5. Is pregnancy considered a disability under the ADA? a) Always b) Never c) Only if complications arise d) Only in federal jobs Answer: c
6. What is one reason Sandra may qualify for FMLA leave? a) She wants to travel b) Her child has a serious medical condition c) She is changing careers d) She is moving to another state Answer: b
7. What is a potential legal issue with requiring Sandra to lift 65 pounds during pregnancy? a) It violates OSHA safety standards b) It increases her salary c) It improves patient care d) It is part of her training Answer: a
8. What does OSHA regulate? a) Employee salaries b) Workplace safety c) Health insurance d) Paid leave Answer: b
9. What might weaken Sandra’s request for extended leave? a) A clear doctor’s note b) A vague medical recommendation c) Her job performance d) Her years of experience Answer: b
10. What does the ADA’s association provision protect? a) Employees with pets b) Employees with family members who have disabilities c) Employees with multiple jobs d) Employees with high salaries Answer: b
11. What is a reasonable accommodation under the PDA? a) Free lunch b) Modified work duties during pregnancy c) Paid vacation d) Promotion Answer: b
12. What could be a sign of retaliation by the employer? a) Offering flexible hours b) Denying job reinstatement after protected leave c) Providing training d) Giving positive feedback Answer: b
13. What should Sandra have done to strengthen her legal protections? a) Quit immediately b) Avoid medical documentation c) Formally request accommodations d) Ignore her doctor’s advice Answer: c
14. What is one reason the employer may face legal liability? a) Sandra was late to work b) Sandra’s leave was protected under FMLA c) Sandra had no medical condition d) Sandra was a new employee Answer: b
15. What is the purpose of the Pregnancy Discrimination Act? a) To prevent hiring pregnant women b) To ensure equal treatment for pregnant employees c) To reduce maternity leave d) To increase physical requirements Answer: b
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