Explore BrainMass

Employment Law - Parental leave

A woman worked as a laborer at a manufacturing plant. She had recently given birth to child that she was breastfeeding. Over a two week period after she had returned to work from parental leave, the woman took unauthorized beaks (about 15 min. each) to pump breast milk. Employees in the plant take bathroom breaks throughout the day, although none that long and not on any schedule. The woman was ordered to stop taking breaks and then fired for "failing to follow directions" when she continued to take them. She sues. What should the court decide?
(Allen v. totes/Isotoner, 123 Ohio St. 3d [2009])

- Which statute(s) form the basis of her claim?
- What evidence did she present to try to prove her claim and what defense(s) did the employer offer?
- What did the court decide?
- Do you agree with the court's decision? Why, or why not. Explain your reasoning.

© BrainMass Inc. brainmass.com June 22, 2018, 1:32 am ad1c9bdddf

Solution Preview

- Which statute(s) form the basis of her claim?

The claim was based on the Pregnancy Discrimination Act (PDA) or statute that prohibits discrimination against pregnant women in any aspect of their employment or term of condition for employment.

- What evidence did ...

Solution Summary

Employment laws and parental leaves are given. The evidence presented to try to prove her claim are given.