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 employees. The fact that the employee’s wife gave birth and needs help with care of the twins, this provision of the law covers the leave of the employee. The manager was right with allowing him to sign out on leave to care for his family members.
However, as stated in the Family and Medical Leave Act of 1993 the employee can request leave to care for his birth of his child, but this leave is unpaid time off and the manager was right and denying the employee rights to withheld unpaid salary. *
Age Discrimination Act of 1967 1. The Age Discrimination Act of 1967 was written in 1961, also known as the ADEA. The law protects personnel who is 40 years of age or older against age discrimination and also specifically prohibits: Discrimination of promotion, to include wages, termination, layoffs and the hiring process due to age of employee or applicant. Employees cannot be deny benefits, and asked to retire early under mandatory condition, for tenured workers. The difference in the ADEA and the Civil Rights Act is the number of employees. ADEA implies to companies that have 20 or more employees, not the 15 or more. These Acts deals with industries affecting the interstate commerce. *
In regards to the prohibition of age discrimination, Sec 623 Section 4, it shall be unlawful for an employer- * (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age; * (2) To limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age. * (3) To reduce the wage rate of any employee in order to comply with this chapter. * (b) It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual on the basis of such individual’s age.
If the basis of the promotion is the job performance rating, we are clearly in violation of the law. To limit this employee of his promotion due to age clearly violates Sec 63 Section 623 of number (2), I listed above. Whereas it states; to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age. The employee has an above average rating and out performed his peers, and we cannot hold back the promotion due his age that would adversely affect his status as an employee. My recommendation is that he has earn the promotion. We cannot and will not discriminate any employee due to their age. The Age Discrimination Act of 1967 protects against applicant and employees over 40 years of age, to include an employee status of gaining a fair promotion regardless of the individual’s age. * Americans with Disabilities Act 1990 * 1. The American with Disabilities Act of 1990, also known as the ADA, has a board area to cover, some key components of Title I of this Act is: prohibits private employers, to include State and local governments as well, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees. The ADA of 1990 also speaks volume on regards to the company should make reasonable accommodations for job seekers with disabilities along with current employees with disabilities. Any modification or adjustments to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process should be follow.
There are serval provisions of the Americans with Disabilities Act 1990 that are cover in more detail and the one that affects us in this given situation is Reasonable Accommodations. By law reasonable accommodations can be define as; * Providing or modifying equipment or devices * Job restricting * Reassignment to a vacant position * Part-time or modified work schedule * Adjusting examinations, training materials or policies * Providing readers and interpreters * Making the workplace readily accessible to and usable to people disabilities * Please note the last accommodation closely. We fail to make the workplace readily accessible to and usable for people with disabilities. Not having the elevators all equipped with accessible key pads to accommodate persons with disabilities violates ADA guidelines. Furthermore, by telling the applicant he could not get the position because of the hardship on the company does not speak of who we are as a company. Imagine the hardship of someone with a disability. We definitely sent the wrong signs of the ADA and our values. We are in violation of the American with Disabilities Act if 1990 and needs to get this address ASAP! * In conclusion, these three laws are very needed in the work place and gives us diversity and fairness. A. Labor and Employment Law is a wide area to cover but I hope I was able to break down the areas of; * Family and Medical Leave Act of 1993 * Age Discrimination in Employment Act of 1967 * American with Disabilities Act 1990 * * These law was create to protect applicants and employees with being able to care for a love one with not fear of losing their job, protecting 40 years of age or older on gaining entrance into the work place or promotions, and to eliminate prejudging of personnel with disabilities. This is just a few of the provisions these laws governs that makes America the wonderful country it is today. * * Ken Payne * ID#000412539 *