...The Age Discrimination Act of 1967 or ADEA is a federal law that protects employees 40 years and over from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms of employment. This means that any employer who is hiring, firing, or promoting can not deny a job opportunity, job you’re currently at, or job position based on the fact of your age. It protects employees in the workplace from potential and future workplace misconduct from employers. Furthermore, the need for the Age Discrimination Act of 1967 was created to promote employment of older persons based on their overall ability rather than age. It was also created to help employers and other workers find ways of facing problems due to the impact of...
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...The Age Discrimination in Employment Act of 1967 is a law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. (The Age Discrimination in Employment Act of 1967) Age Discrimination in Employment Act was written as early as 1962, it was enacted in 1967. This was amended by the Older Workers Benefit Protection Act and subsequently, by section 115 of the Civil Rights Act of 1991. Also it protects employees 40–65 years of age from discrimination. Later amended to age 70 (1978), then amended (1986) to eliminate the upper age limit altogether. (DeCenzo) For my understanding the ADEA is supposed to protect working employees, from age discrimination on the job. Also stop your age from making any impact on whether you get hired or not. Or letting your age play in any part on whether you get a promotion. Age discrimination is still out here in the work world. Some people fight it, to which some people just along with the flow of the work world. At my place of employment, there are three coworkers. One is a male 55 or more in age and he has a AS in Electrical Engineering degree. The other is a female 55 or more in age, BS in Electrical Engineering degree. And the third is a 27 year old male who graduated a few months ago and has a BS degree in Electrical...
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...Business Law Labor and Employment Law Situation A Situation A is a violation of the Family and Medical Leave Act. The act clearly states that your employment may be held for the legally indicated amount of time but without compensation. Employee A’s time off from work falls within the scope of the guidelines that are defined within the act & his return to work at his previous rate of pay also falls within the scope of guidelines included in the act, but the request of the 11 weeks of withheld salary is not allowed for the employee in the acts guidelines. The guidelines in the act spell out and clearly state that ”the FMLA mandates unpaid, job protected leave for up to 12 weeks a year” for multiple reason including but not limited to, “to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care”. The act also clearly states that it requires for employers to provide FMLA act protection for employees that have worked for the employer for at least 12 months (not necessarily a consecutive 12 months). Employee A may return to his job, at this previous rate of pay but he may not be approved to be given the withheld pay for his time off of work. Situation B Situation B is a complete violation of the Age discrimination Act of 1967. The act clearly states that it was created with the intent to prohibit age discrimination in employment. Employee B was cited for doing above average...
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...violations of federal employment law DATE: June 4, 2014 Let me begin by recapping the three situations you brought to my attention and address each one individually paying special heed to applicable federal employment laws that may or may not have been violated. Situation A: Briefly, the company did not violate federal employment law regarding the Family and Medical Leave Act of 1993. Mr. John Goodworker requested and was properly granted leave to care for his wife who had just given birth prematurely to twins. Mr. Goodworker had been with the company for more than one year and so was eligible for FMLA (Family and Medical Leave Act) coverage. He experienced two qualifying events: the birth of a child and the care for a spouse who has a serious health condition (premature delivery). Mr. Goodworker returned to work after 11 weeks and was granted his FMLA-protected former job at his former pay rate. Mr. Goodworker requested but was denied back pay for his absence as he had not accumulated sick leave or vacation leave to cover those 11 weeks. Following is an excerpt of FMLA regulations, posted in break rooms per FMLA section 109 (29 U.S.C. § 2619) requiring FMLA covered employers to post the text of this notice. These regulations clearly state that up to 12 weeks of covered leave is unpaid and that justifies our refusal to pay for his 11 weeks of missed work: The employee rights and responsibilities under the Family and Medical Leave Act of 1993 and published...
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...Labor and Employment Laws * As Director of the company I have studies the laws and provisions of the Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act of 1967, and The Americans with Disabilities Act of 1990. I have further my research with these three laws to better understand the law and the company position in insuring correct and proper treatment of it. * These laws was create to protect employee’s rights and company values. Improper treatment of the law comes with damages to the company and trust of the employee. Each situation have been carefully analyzed by me and I’ve list my findings below with a little information about the law that pertains to the given scenario. * Family and Medical Leave Act of 1993 This Act was founded in 1993 and serves to give employees peace of mind to take leave of absent in particular family emergencies up to 12 weeks of unpaid leave during a 12 month period by law and be offer their same job on return or something equal to it, with the same pay and hours as they had before. One of these particular circumstances are the birth and care of a newborn. The spouse in this instance can take leave to care for his child. The employee meets the time with company, the law states he must be employed with the company at least 12 months and his record shows two years with the company. The law clearly states this provision does not apply to companies with less than 50 employees, and our company size is 75...
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...Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 (FMLA) was established by Bill Clinton in February of 1993. This act was established to allow employees who worked more than 1250 in the previous year and have been at the current company at least one year, to take time off due to family or health reasons. Employees are allowed to take up to 12 weeks of unpaid time off for the following reasons: Birth or care of a newborn child, the adoption of a child, or placing a child into foster care To care for an immediate family member who is seriously ill To recover from your own illness In most states, employees are required to use any accrued time that they built up, such as sick time, vacation time, or personal days before FMLA kicks in. In most cases, the employee is required to give their employer at least 30 days notice prior to taking this leave. In certain circumstances, the employer can waive the 30 day requirement to take this leave....
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...FastServ has to lay-off three employees, Brian Carter, Sarah Boyd and Jenny Mills. The lay-off has to be done within the scope of law. FastServ must have justifiable reasons to lay-off the three employees else it could result in employees filing complaints claiming Age discrimination, discrimination against pregnant women and Violation of ADA. Based on the three employees that are going to be laid-off, the following three statutory or case laws are relevant to the situation. The Americans with Disabilities Act 1990 The Age Discrimination in Employment Act 1967 The Pregnancy Discrimination Act 1978 Brian Carter is one of the employees that will be laid-off since his skills and expertise will be redundant with the plug being pulled on the website business. He is an average performer and has attendance issues due to a debilitating injury that is affecting his work. If Brian Carter’s lay-off is because of the change in business plans, then the termination has a proper cause. If FastServ is laying-off Brian because of his injury that is causing his attendance issues, it will be in Violation of Americans with Disabilities Act 1990. Sarah Boyd is 53 years of age and the oldest employee amongst the five employees on the list of lay-off. The reason to lay-off Sarah Boyd is the automation of the Dispatch department which has caused her skills to be redundant. The management is not able to find another position across the company where her skills could be put to use. If a proper...
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...rights. Although equal rights for all were affirmed in the founding documents of this country, many American’s were still denied essential employment rights. Because of the 1960’s Civil Rights Movement, many laws were passed and enacted barring an employer from discriminating against employees on most grounds. Aside from the quality of an employee's work or the nature of his or her personality, Title VII of the Civil Rights Act of 1964, prohibited an employer with 15 or more employees from discriminating based on race, national origin, gender, or religion (Dessler, 2013). Although under Title VII it was deemed illegal for an employer to refuse to hire or promote, or to unjustly fire, demote, or harass an employee, the law failed to address important equality of pay issues, acts of age discrimination, and discrimination against individuals with disabilities (Dessler, 2013). As a result, federal and state governments enacted additional laws that barred employer discrimination in these three important areas. This paper will describe and discuss how the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 came to be. Moreover, this paper will address why the world of human resources must understand, abide by, and execute these three crucially important Equal Employment Opportunity Acts. Equal pay for the sexes Because a large number of American women took industrial jobs during World War II, the National War Labor Board...
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...however, was reluctant to hire him because of his age and physical condition. Mr. Jones placed the following comment on Smith’s application: “Is qualified, but appears to be out of the physical shape.” During the interview Mr. Jones explained he was looking for young men to fill the position and Smith’s age (forty-five) was a cause for concern. Jones also stated that if he got a haircut and improved his physical appearance, there might be a position at the customer service counter. According to Jones, the position paid slightly less but would be more reasonable for a man of Smith’s condition and age. Several days later, Mr. Jones received a notice from the local equal employment opportunity commission stating Mr. Smith had filed age-discrimination charges against him. The question is; what is discrimination and is Mr. Jones discriminating? To decide if this is discrimination we must first know the definition. Webster’s defines discrimination as the act, practice, or an instance of discriminating categorically rather than individually and, prejudiced or prejudicial outlook, action, or treatment. Clearly according to Webster’s one might say Mr. Jones is discriminating against Mr. Smith because of his age; however, he did offer Smith a different job. In the legal world, and in this case, these things are not always black and white nor does Webster’s definition always fit. The Age Discrimination in Employment Act of 1967 states, “It shall be unlawful for an employer- to...
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...Task 1 Zachary Christenson Western Governors University 000447824 Family and Medical Leave Act Situation The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007). A covered employee of a covered company is entitled to up to twelve work weeks of leave during a twelve month period. The list of reasons an employee may take FMLA leave includes, but is not limited to, the birth of a child, to care for an immediate family member who suffers due to health conditions, and an employee who suffers from health conditions that do not allow employee to perform their job ("Family and medical leave act," 2007). An employee who returns from FMLA leave has the right to his/her job back, or equivalent position. The employee is also entitled to the same rate of pay, benefits, and any other terms that may have been negotiated with employee ("Fact sheet #28: The family and medical leave act," 2012). A covered employer also has protection with the FMLA. Covered employers have the right to...
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...Abstract The effects of discrimination have been pervasive in our society for many years. Over 30 years ago, initial legislation was enacted to eliminate discrimination in employment due to race, color, sex, religion or national origin. Several years later, the Age Discrimination Employment Act of 1967 made it unlawful to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment due to age. However, age discrimination continues to be a problem that particularly manifests itself in the workplace. This paper is concerned with examining the origins of the discrimination that occurs in the workplace and the background of ADEA. Age Discrimination Act Discrimination against older worker occurs so often that Congress made an act to protect older workers from discrimination; this helps prevent increased unemployment for those older than 40 years of age. In 1967, congress made the Age Discrimination in Employment Act for the purpose of promoting the employment of older workers based on their ability instead of their age. This act applies to employment by public and private employers and by the unions and employment agencies, as well as foreign companies that have more than 20 workers located here in the United States. In 1967 the act covered employees between the ages of 40 and 65, the upper limit was extended 70 in 1978 and then the limit was removed completely later on...
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...Labor and Employment Law Company X vs. Employee A on FMLA payment (Situation A) .Relevant Facts: Employee A has a 2 year tenure with Company X. Employee A asked for and was granted FMLA for the birth of his twins. Employee A asked to return to work before the allotted twelve week period had expired. On his return, he also requested for payment of his salary during his eleven week period of FMLA. His request for an early return was granted, but his time on FMLA remains unpaid. Employee A is now in an appeals process. Family Medical Leave Act applied The Family Medical Leave Act of 1993 states that as long as an employee meets the requirements of working at least 1,250 hours or twelve months, the employee has the right to take FMLA and resume employment at the end of the allotted twelve week interval. The employee will not be compensated for the time while on FMLA. (Wage, 2010) Report and final ruling No violation has occurred as Employee A`s FMLA time will remain unpaid and Company X abided by the Family Medical Leave Act of 1993 accordingly. Company X vs. Employee B on Age Discrimination (Situation B) Relevant Facts: Employee B is 68 yrs old and has a 42 year tenure with Company X. Employee B has recently received an above average performance evaluation and was hoping to get a promotion. The promotion was give to a 32 years old colleague who received an adequate performance evaluation. Employee B is accusing Company X of age employment discrimination. The Age Discrimination...
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...Employment Law Compliance Plan HRM/531 MEMORANDOM To: Bradley Stonefield, Owner From: Date: June 8, 2015 Subject: Employment Law Compliance Plan Thank you for taking the time to speak with us today. Per our discussion, I would like to address the employment laws that are specific to both Texas and federally. The consequences for noncompliance of these employment laws will be addressed as well. Laws we will discuss are • Title VII of the Civil Rights Act of 1964 • Americans with Disabilities Act • Age Discrimination in Employment Act of 1967 • Federal Fair Labor Standard • Texas Minimum Wage Law • The Immigration Reform and Control Act of 1986 Title VII of the Civil Rights Act of 1964 Title VII of the Civil Right Act of 1964 was designed for non-discrimination in hiring processes. Hiring cannot be based on race, religion, sex, nor national origin. Your goal of hiring 25 people in the first year, you must comply with this employment law. Non-compliance can result in employees filing a lawsuit if he/she feels they have been discriminated against. Full understanding of this will make sure that you ask appropriate questions during the interview process; inappropriate questions to ask would be marital status, birthplace and anything related to religion. Americans with Disabilities Act Americans with Disabilities Act prohibits any discrimination that is based on a qualified disability. A qualified individual is any person who meets the legitimate...
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...Description The Age Discrimination in Employment Act (ADEA) was created in 1967, signed into law by President Lyndon B. Johnson, and forbids employment discrimination against anyone of at least 40 years of age, both employees and job applicants. “Under the [Age Discrimination in Employment Act], it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training” (Facts About Age Discrimination, 2008). In general, the ADEA applies to employers with at least 20 employees either under state government, local government, employment agencies, labor organizations,...
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...Confidential Memorandum | Date: | August 3, 2015 | Subject: | Employment Compliance Plan | From: | Cassie Martin | Company: | Atwood and Allen Consulting | To: | Bradley Stonefield | Company: | Landslide Limousine | According to Tracy Goldeman , you are inquiring about starting a small limousine business in the state of Texas. Also, your goal is to hire 25 employees within the first year of business and the main focus is having first class transportation. In response to helping you establish the limousine business, an employment compliance plan is needed to ensure your business is protected and does not fall out compliance. To make certain the Landslide Limousines Services stays in business and meet the Texas laws compliance, there are 4 employment laws that I gathered nationally and from the state of Texas that will be helpful in the initial process of starting the business. It's imperative that you continue to practice the laws because failure to do so will hold the business liable and there will be an intense punishment and penalty to pay. They are as follows: • Title VII Civil Rights Act of 1964 • The Age Discrimination in Employment 1967 • The Occupation Safety & Health Act • Texas Minimum Wage Act "First the Title VII Civil Right Act of 1964 prohibits discrimination of employmednt based on race, color, religion, national origin, and sex, which includes pregnancy, childbirth, or related medical conditions" (http://www.eeoc.gov/laws/statutes/titlevii.cfm)...
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