Discrimination Conundrums

Today we have two articles to present to you, each one with with an idea that- for us at least- is hard to reduce to simplistic terms.  Rather than being clearly black or white, both issues sit firmly in the grey.

First off we have an article in the New York Times about Teresa Wagner.  Mrs. Wagner applied for a job at the University of Iowa College of Law in 2006 and was passed over in favor of another because, she believes, she is an outspoken conservative.  Her lawyer points out the fact that, while the school claims to be a proponent of diversity, there was only one registered Republican on the 50 or so member faculty, and that they were hired in 2007.   The Appeals court for the Eighth Circuit ruled that the case should go to trial, suggesting that there is considerable evidence to support her cause.

Secondly we have an article from CNN regarding extending ADA disability laws to include pregnant workers.  The article brings up the excellent point that, right now, if an employer makes a pregnant woman leave before her 28th week of pregnancy then she'll "lose her FMLA-guaranteed right to reinstatement because she will exhaust her 12 weeks of FMLA leave before the baby arrives."  Normal ADA workers are allowed to keep working as long as they can continue their jobs with reasonable accommodations.

What do you think?

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