Legal Considerations over Employer-Employee Relationship - Essay Example

The case involves a dispute between “JC Wings Enterprises L.L.C.,” the employer, and “Maryann Castillo,” the employee (Tsikoudakis, p. 1). The dispute has led to a legal suit by “The U.S. Equal Employment Opportunity Commission” on behalf of the employee. According to the commission, the employer’s branch of Bayou City Wings is believed to have discriminated against the employee because of her condition as an expectant mother. The alleged discriminatory action is based on the employer’s policy that provides for automatic termination of employment after a woman three months into pregnancy or a mandatory leave without payment. The commission however claims the illegality of the policy leading to the suit that was filed in Texas (Tsikoudakis, p. 1).

Facts around the case further indicate that the employee was dismissed despite her doctor’s advice that she could work until the last month of her pregnancy. According to the suit, the employer told the employee that its clients do not appreciate services by expectant women and that her dismissal would be a lesson to other employees that the organization shall dismiss its pregnant employees or offer their leave without pay. The commission also reports other instances of similar treatments. In identifying the illegality of the company’s policy and its implementation, the commission’s representative points out that the constitution provides for a woman’s right to her employment even when she is pregnant. The employer, therefore, has no right to compel a woman into a leave, even in the woman’s best interest (Tsikoudakis, p. 1).

Case analysis
The case identifies legal issues in the dismissal of pregnant women. The first issue is the ethical approach to discrimination that is based on a woman’s pregnancy condition. This is because the company’s policy offers unfair treatment to women on the fundamental basis of their pregnancy. This contravenes the social perspective that values pregnancy for recreation. Another aspect of the case, from a legal perspective, is a woman’s right to remain in full employment during her pregnancy period. Employment and anti-discrimination laws, for example, provide three categories of protection of women’s rights during pregnancy, during the delivery period, and after delivery. Employers are for example not allowed to use a woman’s pregnancy as a basis for determining her capacity to perform her duties.  Read More