Amanda Is A 40-Year-Old Asian Female With A Law Background ✓ Solved

Amanda Is A 40 Year Old Asian Female She Has Been With A Law

Amanda is a 40-year-old Asian female. She has been with a law firm for 5 years as a receptionist. The company has 120 employees. Recently, Amanda has been missing work because she has been taking care of her mother who has Stage V cancer. Amanda will usually call out of work at the last minute as she never knows how her mother is feeling until her mother wakes up in the morning.

Amanda has been reprimanded on several occasions and given a warning that she will be terminated if this behavior continues. Amanda needs her job as she helps to cover the expenses of her mother’s home, and she is fearful she will lose her job. She also recently found out she is 2 months pregnant and is fearful that she will lose her health benefits if she is let go from the company. Please discuss what Amanda’s recourse is at the present time and what she can do (if anything) if she is terminated. She is contemplating legal action if necessary. Also, what will happen to her health benefits if she is terminated from the company? Please post a 2 pages analysis that discusses the laws and specific acts (and the dates enacted) that may protect Amanda. Address how each law applies to Amanda's specific situation.

Paper For Above Instructions

Amanda's situation involves various complexities stemming from her caregiving responsibilities, her recent pregnancy, and her employment status at a law firm. This analysis will explore her potential legal recourse under applicable laws, the implications of her health benefits upon termination, and how these laws may offer her protection.

Legal Protections Available to Amanda

Several federal laws may offer Amanda protections due to her unique circumstances: The Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), and the Americans with Disabilities Act (ADA). Each of these acts could be relevant depending on the specifics of Amanda's circumstances.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act was enacted in 1993 and grants eligible employees the right to take up to 12 weeks of unpaid leave per year for specified family and medical reasons. Given Amanda’s situation of providing care for her mother who is gravely ill, she may be entitled to request FMLA leave. The law stipulates that employees must have worked at least 1,250 hours over the past 12 months and that the employer must have at least 50 employees within 75 miles of the workplace. Amanda fulfills the requirement of being employed for over five years and the law firm employs 120 individuals, making her eligible for protections under FMLA.

Pregnancy Discrimination Act (PDA)

Enacted in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This law mandates that employers treat pregnancy-related conditions as they would treat temporary disabilities. Since Amanda is two months pregnant, if her employer were to terminate her for absenteeism linked to her caregiving role, given that one of those absences could potentially relate to her pregnancy, this may be considered discriminatory. Amanda should document all absenteeism related to her mother’s illness and ensure she communicates any pregnancy-related issues to her employer.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act, enacted in 1990, prohibits discrimination based on disability. Although caregiving itself is not classified as a disability, if Amanda’s mother’s Stage V cancer translates into a significant impairment that necessitates Amanda’s involvement, certain ADA provisions may apply. The law could also potentially cover her if she faces health complications stemming from her pregnancy. Employers are required to provide reasonable accommodations to employees who have disabilities or are caregivers of individuals with disabilities. Amanda may benefit from requesting adjusted work hours or more flexible scheduling. Failure to provide such accommodations may expose the employer to legal liabilities.

Actions Amanda Can Take if Terminated

If Amanda is terminated, she can take several steps in response:

  • Consult an Employment Lawyer: Amanda may wish to contact a lawyer specializing in employment law to assess whether her rights may have been violated under the FMLA, PDA, or ADA.
  • File a Complaint with the Equal Employment Opportunity Commission (EEOC): If she feels her termination was based on unfair discrimination, she can file a charge with the EEOC. The complaint must be filed within 180 days of the alleged discriminatory act.
  • Negotiate Severance: Depending on circumstances, Amanda might negotiate a severance package that includes continuation of health benefits, which could offer temporary relief during her transition period.

Health Benefits Upon Termination

Concerning Amanda’s health benefits, if she is terminated from her position, she may be eligible for COBRA (Consolidated Omnibus Budget Reconciliation Act) benefits. COBRA allows employees to continue their employer-sponsored health insurance for a limited period after employment ends. For Amanda, this means she could keep her health benefits for up to 18 months after termination, although she would be responsible for paying the full premium herself. The protection offered by COBRA is particularly vital for Amanda, given her pregnancy and the health context concerning her mother's care.

Conclusion

Amanda finds herself in a precarious situation that affects not only her employment status but also the welfare of her mother and her unborn child. Understanding and leveraging the protections afforded to her under federal law can empower Amanda to navigate her challenges. In particular, the FMLA could potentially provide her with job security amidst her caregiving responsibilities, while the PDA ensures her pregnancy is not a cause for discrimination in her work environment. If wrongful termination happens, avenues exist for her to seek justice and protect her health benefits. Therefore, taking proactive legal action remains crucial for safeguarding her rights and future.

References

  • U.S. Department of Labor. (2020). Family and Medical Leave Act. Retrieved from https://www.dol.gov/agencies/whd/fmla
  • U.S. Equal Employment Opportunity Commission. (2021). Pregnancy Discrimination. Retrieved from https://www.eeoc.gov/pregnancy-discrimination
  • U.S. Equal Employment Opportunity Commission. (2008). Questions and Answers on the ADA Amendments Act of 2008. Retrieved from https://www.eeoc.gov/laws/guidance/questions-and-answers-ada-amendments-act-2008
  • U.S. Department of Labor. (n.d.). COBRA Continuation Health Coverage. Retrieved from https://www.dol.gov/general/topic/health-plans/cobra
  • U.S. Congress. (1993). Family and Medical Leave Act. Retrieved from https://www.congress.gov/bill/103rd-congress/house-bill/1634
  • U.S. Congress. (1978). Pregnancy Discrimination Act. Retrieved from https://www.congress.gov/bill/95th-congress/house-bill/5050
  • U.S. Congress. (1990). Americans with Disabilities Act. Retrieved from https://www.congress.gov/bill/101st-congress/house-bill/2270
  • Deloitte. (2020). Importance of Employee Benefits. Retrieved from https://www2.deloitte.com/us/en/pages/human-capital/articles/importance-employee-benefits.html
  • National Partnership for Women & Families. (2021). The Importance of Family and Medical Leave. Retrieved from https://www.nationalpartnership.org/our-work/economic-justice/fmla.html
  • American Civil Liberties Union. (2020). Employment Discrimination Against Pregnant Workers. Retrieved from https://www.aclu.org/news/womens-rights/employment-discrimination-against-pregnant-workers

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