[Pregnancy Peril] Julia, a server at Café Sunshine, found out she was pregnant. She was aware that Billy, her employer, had allowed employees who were ill for reasons unrelated to work to take paid time off. For example, Raul, another server, was off with pay for two months after suffering a mild heart attack, and Audrey, a cook, was off work for three months when she ran her personal watercraft into a dock and broke her leg. Julia, therefore, happily told Billy about her pregnancy. He angrily replied that as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Billy, being slender was a bona fide occupational qualification for all servers. He said that because the restaurant serves families, he was concerned that kids would ask embarrassing questions of their parents regarding Julia's condition. Julia was angry and threatened to sue. Billy told her, however, that he had taken a business law class back in 1980 and learned that discrimination based on pregnancy is not covered by Title VII.
-Is Julia entitled to be paid for time she is medically required to be off work because of her pregnancy?
A) No, courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition; Julia is, therefore, not entitled to paid time off.
B) All employers covered by Title VII must pay employees for the time they are off work for pregnancy and for twelve weeks after delivery; It does not matter whether Julia's time off is medically required.
C) Yes, all employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy; Julia is, therefore, entitled to at least some paid time off.
D) Yes, employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability; since Billy paid employees who were off work based upon other temporary disabilities, he should be required to pay Julia as well.
E) No, courts have ruled that employers only have to pay employees for time they are medically required to be off work for pregnancy if the employee handbook provides for such payments; Julia is, therefore, not entitled to paid time off.
Correct Answer:
Verified
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