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  In this discussion, you get to be   the lawyer. Choose one of the two case scenarios below to discuss. Then pick   a side. Decide whether you want to represent the employee alleging   discrimination (either Janet in Case 1 or Melissa in Case 2) or the hospital   defending the claim.

In this discussion, you get to be   the lawyer. Choose one of the two case scenarios below to discuss. Then pick   a side. Decide whether you want to represent the employee alleging   discrimination (either Janet in Case 1 or Melissa in Case 2) or the hospital   defending the claim.

  • Case 1: Read “The Case of Janet K. and Epilepsy”       found on p. 188 of the textbook. Assume for the purposes of this        question that Janet did not die of a brain tumor but has consulted an        attorney to see what her rights are and what her options might be for        bringing a claim against the hospital.
  • Case 2: A management position has opened up due to a        recent retirement in the medical staff office at the local hospital        where you work. You and your pregnant coworker Melissa are talking about        it at lunch one day. Melissa is very excited because she has been told        several times by different senior managers that the next management        position available would be hers.

    The next day, however, it is announced that a male coworker with less        experience, education, and time on the job was offered the position.        Melissa feels very strongly that it is because she is pregnant and going        on maternity leave in two months. Melissa has an impeccable performance        record throughout her employment at the hospital, and other than two        weeks of doctor-ordered bed rest for gestational diabetes, she has not        missed a day of work during her pregnancy. She has consulted an attorney        to see what her rights are and whether there is any action that can be        taken against the hospital.

Next, write a one-page letter to   the other side arguing why your client is right. Set out the facts, the   specific law or laws supporting your client’s position, and what your client   wants to resolve the situation (for example, a request for a formal investigation,   the offer of a promotion, or dropping the claim).
In your responses to your peers, reply to at least one classmate who   represented the other side in your scenario, explaining why your client has   the stronger case. Remember to stick to the facts as presented and to avoid   making assumptions or generalizations. A strong legal argument applies the   facts to the law to reach a conclusion that supports your position.

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