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Legal Issues for Business Organizations Task 1

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Submitted By bcfowler
Words 535
Pages 3
Benjamin Fowler
11/16/15
Task 1
LIT1-0315
A.) The Family and Medical Leave Act of 1993 is a federal law that sets the standard for unpaid leave and job security in the case of certain medical and family situations. The law applies to any worker employed for more than a year at a company with 50 or more employees that is within 75 miles of the employee's residence. The law covers unpaid, job-secure leave to qualifying employees that are caring for a new child, caring for a seriously ill immediate family member, recovering from serious illness, or caring for an ill family member that is in the armed services. The duration of the benefits program is 12 weeks, or 26 weeks in the case of military caregiver leave. Company X meets the requirements to be covered under the Family and Medical Leave Act of 1993 by being a company with over 50 employees that is within 75 miles of the employee, the employee meets the requirements by being a full time worker for at least 12 months, and the company must certainly offer him to return to his position at the same salary. However, the law does states that this sort of medical leave is unpaid, therefore Company X is not required to pay Employee A the withheld salary and is not in violation of the law.

B.) The Age Discrimination in Employment Act of 1967 covers the federal rules against age discrimination. The law can apply to any employee over 40 years in age. It covers the areas of in hiring, promotions, wages, and employment termination. The law prohibits denying benefits to older employees. The age of Employee B, along with the promotion at hand, allows the law to apply to the situation. The evidence provided be the lower performance review of the younger employee followed by the decision to promote the younger employee indicates that a violation has occurred in situation B. If the older employee is truly showing better performance in the workplace, he should be deserving of the promotion. C.) The Americans with Disabilities Act of 1990 is the federal law covering the protocols against the discrimination of the disabled. The law covers both physical and mental disabilities including deafness, blindness, intellectual disabilities, partially or completely missing limbs, autism, cancer, cerebral palsy, diabetes, epilepsy, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia. In the employment section of the law, companies with more than 15 employees are required to adhere. The law covers the hiring and firing process, as well as providing reasonable accommodations that allow the disabled to do their job. The law applies to situation C, due to Applicant C's status of being confined to a wheelchair. Company X is in violation of the law by their refusal to hire the employee based upon the accommodations needed to make the workplace suitable for Applicant C. In this case, the applicant is fully qualified to perform the tasks required by the job, therefore reasonable accommodations would include lowering the elevator controls, as being able to react the controls has nothing to do with the job performance required.

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