Employment law | Law homework help

Analyze the issue based on the following criteria:

• Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
• Identify the facts associated with the case and fact patterns.
• Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case – be clear.
• Support your decision with an appropriate rule of law.
• Be prepared to defend your decision and to objectively evaluate the other points of view.

In  late 2000, Stacy Hegwine applied for a clerk/ order checker position in Fibre’s customer service department. The ad mentioned no lifting or other physical requirement. Hegwine interviewed for the position with Fibre employees Carlene Cox and Ron Samples on February 16, 2001. Fibre had no documented job description for the position at that time. During the interview, Samples told Hegwine that the position had a 25- pound lifting requirement. After watching a series of videos and receiving documents outlining Fibre’s employ-ment policies, Hegwine met with Cox. During this meeting, Hegwine disclosed her pregnancy. Cox called Hegwine and offered her the position on February 21, 2001, contingent on Hegwine’s suc-cessful completion of a physical exam. Hegwine accepted the offer and was given a start date of March 1, 2001. Two days later, Hegwine completed her physical at the office of Dr. Ostrander, Fibre’s medical director. As part of the exam, Hegwine was required to complete a medical history form that inquired as to her pregnancy status. Hegwine truth-fully disclosed that she was pregnant. In response, Ostrander gave Hegwine a medical release form and told her that she must have it completed by her personal physician as a condition of her employ-ment. Hegwine took this form to her physician, Dr. Herron, who completed it without being aware of any physical requirements related to Hegwine’s prospective position at Fibre. Herron indicated on the form that Hegwine could lift between 20 and 30 pounds and could pull or push up to 40 pounds. On March 16, 2001, Cox called Hegwine and informed her that Fibre was “ withdrawing [ its] offer of employment ” because her “ availability” did not permit her “ to perform the job.” May an employer inquire about pregnancy status during a preemployment medical examination?

Do you believe that Fibre retracted it’s offer of employ-ment because Hegwine was pregnant?

How should the court rule? [ Stacy L. Hegwine v. Longview Fibre Company, Inc., 172 P. 3d 688 ( 2007).]