Legal Research Paper

1. ANALYSIS MEMO Rita Booke has a take away against Tome computer storage to a lower place the Family and Medical Leave bear of 1993 (FMLA) 29 C.F.R. pt. 825 (2010). Depending on the polity of limitations in New York, Ms. Booke whitethorn have a claim through the Pregnancy dissimilarity Act (PDA) 29 C.F.R. § 1604.10 on a lower groundwork Title VII of the Civil Rights Act of 1964 (Title VII) 42 U.S.C. 2000e. bottom(prenominal) the FMLA, an employee who has worked at a comp some(prenominal) for over a companionable class is entitled to a twelve weeks of leave during some(prenominal) 12-month flowing due to a skilful health occasion that makes the employee otiose to perform the functions of their baffle. 29 C.F.R. § 825.102(a)(1)(D). Serious health antecedent is outlined as a physical conformation that entails chronic manipulation by a medical provider and includes any period of incapacity related to pregnancy or for antenatal handle. A visit to the health c are provider is not indispensable for each absence. 29 C.F.R. § 825.101(11)(B)(2). If requested by their employer, the employee shall provide, in a timely manner, a copy of much(prenominal) credentials to the employer. 29 C.F.R. § 825.103(a).

Certification considered sufficient includes, the date on which the serious health condition commenced; the probable duration of the condition; and, the detach medical facts inwardly the knowledge of the health care provider regarding the condition. 29 C.F.R. § 825.103(b). Claims filed under the FMLA have a statute(predicate) of limitations of two years. To determine if a plaintiff has a prima(predicate) facie eccentric under Title VII, t he plaintiff must be, (1) a portion of a pr! otected group (pregnant women); (2) meet the qualifications for the position in question; (3) fired when her superiors learned of her pregnancy; and, (4) the calling remained clear(p) after her termination. The court also says that the contractual terms within a hold harmless clause, do not hold direct evidence of sexual discrimination based on pregnancy. However, Title VII and its subpart, the PDA, have a statute of limitations...If you requirement to get a full essay, order it on our website: OrderEssay.net

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