Skyline Preparatory High for Girls is an elite prep school with 47 faculty and staff members on the payroll. Jamie Davis, a second-year English instructor, becomes pregnant. She is not married. She is a slim woman who is not showing visible signs of pregnancy and has not told the school administrators of her pregnancy.

1. QUESTION

   Skyline Preparatory High for Girls is an elite prep school with 47 faculty and staff members on the payroll. Jamie Davis, a second-year English instructor, becomes pregnant. She is not married. She is a slim woman who is not showing visible signs of pregnancy and has not told the school administrators of her pregnancy.
   In her sixth month of pregnancy, she develops pre-eclampsia, necessitating that she go on pregnancy leave immediately. Davis requests medical leave due to her pregnancy and applies for FMLA, believing that she is eligible (and because she desires to care for her baby after the baby is born). Skyline Prep’s Headmaster, Doris Jones, tells Davis that she must resign because she would be setting a poor example for the students. Davis refuses, and now Doris Jones wants to terminate her.
   You are an attorney at a New York City law firm that specializes in employment law. Doris Jones has contacted you for confidential legal advice, fearing that she may expose the school to liability.

   • What advice would you give to Skyline Prep’s Headmaster, Doris Jones?
   • How would you advise her to proceed?

   Research the laws and legal cases on the Pregnancy Discrimination Act and the Family Medical Leave Act using online law libraries or other Internet sources of your choice.

Consider the organizational culture, HR training, company policies and procedures, and strategic steps that should be addressed in your response.

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ANSWER

 Legal Advice on Pregnancy Discrimination and the Family Medical Leave Act

Introduction

[Opening scene with professional attorney sitting at a desk]

Attorney: Good day, I am [Your Name], an employment law attorney at [Law Firm Name]. Today, we will discuss the case of Jamie Davis, an English instructor at Skyline Preparatory High for Girls, who is facing pregnancy discrimination. Skyline Prep’s Headmaster, Doris Jones, has sought confidential legal advice regarding potential liability. Let’s examine the laws and provide guidance on how to proceed.

Understanding the Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA), enacted in 1978, is a federal law that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. It is crucial to note that pregnancy discrimination applies to all aspects of employment, including hiring, termination, and employee benefits.

Jamie Davis’ Eligibility for Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) grants eligible employees the right to take unpaid leave for specific medical and family reasons, including pregnancy and the birth of a child. To qualify for FMLA protection, an employee must meet certain criteria, such as working for a covered employer and having worked for the employer for at least 12 months, among others.

Advice for Doris Jones

Review Company Policies and Procedures

Ensure that Skyline Prep has clear, up-to-date policies and procedures in place that comply with federal and state laws. Review these policies to determine if they adequately address pregnancy-related matters, accommodation requests, and employee leave.

Consult Legal Counsel

As Headmaster, it is prudent to consult with legal counsel, specializing in employment law, to gain a comprehensive understanding of the legal implications and risks associated with terminating Jamie Davis. This will assist in making informed decisions while minimizing potential liability.

Accommodation and Interactive Process

Consider engaging in an interactive process with Jamie Davis to explore reasonable accommodations that could allow her to continue working or temporarily modify her duties. This approach demonstrates an employer’s commitment to complying with the law and supporting employees during pregnancy.

Evaluate Organizational Culture and Training

Assess the school’s organizational culture and HR training to ensure they promote a discrimination-free environment that values diversity and inclusivity. Consider providing additional training on pregnancy discrimination, reasonable accommodations, and the FMLA to all faculty and staff members.

Documentation and Recordkeeping

Maintain accurate records of all communication, decisions, and actions related to Jamie Davis’ pregnancy and accommodation requests. This documentation will be invaluable in demonstrating compliance with the law and safeguarding against potential liability.

Conclusion

[Closing scene with attorney summarizing key points]

Attorney: In summary, Skyline Preparatory High for Girls must adhere to the Pregnancy Discrimination Act and the Family Medical Leave Act. It is important for Headmaster Doris Jones to handle Jamie Davis’ pregnancy and accommodation request with care and in compliance with the law. By reviewing company policies, consulting legal counsel, fostering an inclusive culture, and documenting all relevant actions, Skyline Prep can mitigate the risk of liability and ensure a fair and supportive work environment for all employees.