Skyline Preparatory High for Girls is an elite prep school with 55 faculty and staff members on the payroll. Jamie Davis, a two-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 located at a San Diego 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.
Imagine that you are speaking with Doris Jones in person. Prepare a paper/notes that allows you to address the below questions with Doris Jones when you meet with her.
Be prepared to address the following issues with Doris Jones:
- Explain the major components of both the Pregnancy Discrimination Act (PDA) and Family Medical Leave Act (FMLA).
- Discuss whether or not Davis is protected under the PDA.
- Discuss whether or not Davis is eligible for FMLA.
- Evaluate the actions of the school in this situation. In a positive and professional way, explain to Doris Jones what the school should do to prevent an adverse situation from occurring.
- As an attorney, what actions would you recommend that Doris Jones take to resolve this situation?
- Describe any organizational culture, HR training, company policies and procedures, and strategic steps that should be addressed by the school.
Prepare a written brief to address the above points with your client Doris Jones.