The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
In 1952, the Cleveland BOE embraced a policy in which any teachers whom were pregnant had to go on maternity leave 5 months prior to their expected date. Even after their pregnancy, the rule stated that they must pass a physical examination by a doctor to prove that they are physically fit to be able to teach. "A teacher may return to service from maternity leaves not earlier than the beginning of the regular school semester which follows the child's age of three (3) months. In unusual circumstances, exceptions to this requirement may be made by the Superintendent with the approval of the Board. Written request for return to service from maternity leave must reach the Superintendent at least six (6) weeks prior to the beginning of the semester when the teacher expects to resume teaching and shall be accompanied by a doctor's certificate stating the heal...
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...ly restrictive maternity leave regulations can constitute a heavy burden on the exercise of these protected freedoms. Because public school maternity leave rules directly affect "one of the basic civil rights of man," Skinner v. Oklahoma, supra, at 541, the Due Process Clause of the Fourteenth Amendment requires that such rules must not needlessly, arbitrarily, or capriciously impinge upon this vital area of a teacher's constitutional liberty.” (Legal Information Institute, 2014) Arbitrarily, the Cleveland BOE perceives that after 5 months, the teacher will not be capable of instructing the class due to the excessive physical demands that will toll on them.
As it states in textbook, “The court said that while boards of education could set policy standards about teacher’s pregnancy leaves, they could not set arbitrary leave and return dates.” (Morrison, 1997, p 275)
In many schools, women who became pregnant were often relegated to "alternative" educational programs, the participation in which was mandatory. After Title IX, schools could no longer force the student to go to an alternative school, which often was substandard. These students could not be sin...
No greater obligation is placed on school officials than to protect the children in their charge from foreseeable dangers, whether those dangers arise from the careless acts or intentional transgressions of others. Although the overarching mission of a board of education is to educate, its first imperative must be to do no harm to the children in its care. A board of education must take reasonable measures to assure that the teachers and administrators who stand as surrogate parents during the day are educating, not endangering, and protecting, not exploiting, vulnerable children (Frugis v. Bracigliano, 2003).
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
Schools must provide equal access to school for pregnant and parenting students and treat pregnancy like any other interim disability. Schools also must provide equal access to extracurricular activities for pregnant and parenting students. This means that a school may not a school cannot require a doctor’s note for a pregnant student to participate in activities unless the school requires a doctor’s note from all students who have conditions that require medical care. School must excuse absences due to pregnancy or childbirth for as long as the the students doctor believes is medically necessary. School must also ensure that any separate programs or schools for pregnant and parenting students are spontaneous and offer opportunities equal to those offered for non-pregnant students. Title IX protects every person, boys and girls, men and women, and students and employees from sexual
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
Separate but equal, judicial review, and the Miranda Rights are decisions made by the Supreme Court that have impacted the United States in history altering ways. Another notable decision was made in the Tinker v. Des Moines Case. Ultimately the Supreme Court decided that the students in the case should have their rights protected and that the school acted unconstitutionally. Justice Fortas delivered a compelling majority opinion. In the case of Tinker v Des Moines, the Supreme Court’s majority opinion was strongly supported with great reasoning but had weaknesses that could present future problems.
Women have the wonderful ability to bring a new life into this world and are granted maternity leave, a certain amount of time after birth to be away from the labor force. However, maternity leave was not always available to women because of the low levels of employed and educated females. In 1978 changing gender norms and increased female labor involvement influenced the passing of the Pregnancy Discrimination Act prohibiting employment discrimination of women due to pregnancy (Smith, Downs, and O’Connell 3). After this legislation, a higher percentage of women in the United States were not only educated but also employed. In 1987, a critical Supreme Court case (California Federal Savings and Loan Association v. Guerra) in California defined
Having said that, it is high time for a more effective and inclusive family leave policy to take effect. Even with private sectors and some states offering paid leave, 40 percent of American women do not enjoy the benefits (Wares). The Family and Medical Leave Act, although utilized widely, does not encompass all working American women/ because of its strict prerequisites, many women find themselves paying the motherhood penalty with unpaid leave, or not taking any leave at all, which jeopardizes their health and their child’s early
The FMLA was passed to help families in the time of a crisis so that the individuals would not have to choose between work and personal responsibilities. The eligible employees are permitted to take unpaid, job-protected leave for specified family and medical reasons. The leave can last up to twelve workweeks in any twelve-month period. Reasons for leave include: pregnancy, prenatal complications, adoption/ fostering of a child, hospitalization, care of an immediate family member, or a health condition that makes the employee unable to do his or her job (Solis). This law applies to any employer “engaging in commerce” ...
Recently women’s rights and women’s equality in the workplace has come back to the fore as a topic for discussion in government agencies and the United Nations. Whilst this is a very important topic, when it comes to time off from work when a new child is born, women in the US have some provision, whereas men have none.
America is the one and only developed country that does not offer any paid maternity leave. Maternity leave is a period of absence from work granted to a mother before and after the birth of her child. In America this means twelve weeks of unpaid absence that guarantees her job when she returns. We are so far behind everyone that out of all of the countries around the world seven out of 196 including America do not have mandatory paid maternity leave. (Colorado public radio news) That is a sad figure, to think that we place having a family so high but don’t give the mothers the protection and security they deserve.
Refusal to hire an applicant; Refusal to select an applicant or employee for a training program leading to employment or promotion (except that an employer of 5 to 14 employees may refuse to select a pregnant employee for a formal training program at least three months prior to the date on which she intends to depart on pregnancy disability);
As we all know, majority of females are mothers and many are single mothers to beat that. Therefore, the thought of them not having paid maternity leave is quite disturbing to me. Why is the United States the only country in the world that doesn’t make paid maternity leave mandatory in the workplace? How are these females supposed to support their child, along with them if there not getting paid for the time they must take off? In many cases, that female may not have anyone to care for that child, so that she can go back to work. Things such as these may not be put into consideration by employers, but giving birth is a remarkable experience for females. Most importantly, maternity leaves gives a mother time to bond with her newly born child and it gives her time to recover or heal from the overwhelming birthing process. Therefore, the least companies can do is give paid maternity leave to females, while they’re missing work