You may recall that our client, Hilda, has a business: manufacturing and selling lotions. At her business (non-union), she employs 200 people. One of the workers, Sadie, 40 years old, is requesting additional time to complete her duties, a special ergonomic chair, and light-duty work assignments. Sadie is pregnant and has a condition related to her pregnancy. She also asserts that she suffers from long-COVID and that, over the last few months, she has endured sexual harassment from two managers at the company. Hilda is concerned that Sadie may sue the company regarding the sexual harassment claim, but Hilda included an arbitration clause in the employee handbook and feel this should protect Hilda and the company. Hilda has disclosed to you and her attorneys at your firm, that her company is trying to connect more with younger customers. Hilda knows the company will be more successful if it had more youthful buyers. In an effort to accomplish this goal, Hilda has sought to decrease the ranks of older workers and increase the hiring of younger workers. With this approach, the company will also save money because it can pay lower salaries to younger workers with minimal experience.

In a letter to Hilda explain the law regarding Sadie's requests and Hilda's company strategy regarding the composition of her workforce. Would the Pregnant Workers Fairness Act be something with which Hilda has to comply? What is the status of that law and what does it provide? And if Sadie pursued the sexual harassment matter, could Hilda force the matter into arbitration? Set forth the federal law that addresses this issue, include case law and discuss at least one case.

Can Hilda deny the request? What additional questions would you want to ask Hilda and Sadie? What role does the Equal Employment Opportunity Commission play in these types of cases? With respect to Sadie, explain what access to justice issues are related to this sort of factual scenario, and make suggestions about how to reduce the legal burdens associated with such problems.