From the powerpoint slides: Employee announces she is pregnant. Two days later, she arrives 5 minutes late to work. Her employer disciplines her and puts her on probation, in accordance with company policy. She is on time thereafter, but is discharged two weeks later. The company does not give her a reason for her discharge, but she believes it is due to her pregnancy.

This question is based on the above example and has 3 parts:

1. Is the employee alleging disparate-treatment discrimination or disparate-impact discrimination, and why?

2. How would the employee make her prima facie case? Give examples of the kinds of arguments an employee might make while arguing the prima facie case.

3. Let's change the facts. The employee is still pregnant, and her employer still lays her off. Now, though, she is laid off as part of a company downsizing event, where the company laid off 15% of its workforce. Her position is eliminated and nobody is hired to take her place. If she sues, what kind of argument might the company make in step 2 of the litigation to defend itself?