Question
Marcy and her husband have decided to start a family, but don't have medical insurance. They decide that Marcy should get a job, so that
Marcy and her husband have decided to start a family, but don't have medical insurance. They decide that Marcy should get a job, so that her medical expenses related to pregnancy will be covered by insurance. Marcy later applies for a job with your company to be a shipping clerk, where her duties include filling boxes with merchandise, sealing them, and loading them on to carts. The last 3 people you've hired have been female, and 2 of them have been out on maternity leave in the past year, leaving you severely short-staffed. Marcy is qualified for the job, but you can't help but notice that she's pregnant.
- What federal law, if any, protects Marcy from discrimination based on pregnancy?
- You're concerned that Marcy will barely get through training before she goes out on maternity leave, and you'll have to make other employees do her work or hire a temp. Can you legally consider Marcy's pregnancy in making your hiring decision?
- Assume you hire Marcy, and within 2 months she tells you that her pregnancy prevents her from lifting the boxes to the cart. Can you legally fire her because she's no longer able to do her job?
- After Marcy delivers her baby and takes 3 months' leave, she returns to work. Another employee tells you that Marcy is already talking about having another baby as soon as possible and then quitting work to be a stay-at-home mom after her medical insurance pays for the next pregnancy.You call Marcy in and demand to know her intentions. She admits that she's a short-term employee and will quit as soon as the company pays for her next pregnancy. You decide she's better suited for office work where her absence won't cause so much stress to other employees, and reassign her to the secretary pool, with reduced pay. Have you committed any violation of law? Explain?
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