FMLA, ADEA, ADA
SONDRA STANLEY
LIT 1
April 14, 2016
DAWNA SNIPES

Battle lines have been drawn and redrawn in the sands of time regarding our three chosen situations for this essay. Many people have suffered personal and or financial loss due to one or more of these topics. Lawmakers finally came to conclusion on the issues after many stands were made, and still are today. FMLA, ADEA, and ADA may not have had a direct impact on you, but there may be someone in your life that it has affected.
Family Medical Leave Act, or FMLA as it is commonly referred to, was signed into law in 1993 by Former President Bill Clinton. FMLA was enacted to provide employees, of companies that employed fifty or more individuals, a job protected leave of absence from work, for up to twelve unpaid weeks, unless the employee had sick or vacation time to make up the financial loss. The employee must have been with the company for twelve months and had worked at least one thousand two hundred and fifty hours, (FMLA.com).
FMLA also protects the employees work position at the company. The company must offer an equivalent position with the same rate of pay upon the return of the employee. FMLA made the balance of work and personal life more manageable outside the workforce. FMLA lessened worry among the employees as well as the company itself. There was also a provision in the act for employees to care for a military service member, of their immediate family, for twenty six weeks if the service member became ill.
Our employee, Mr. A, situation A, definitely qualified for, and by law was granted, FMLA time due to his wife giving birth, prematurely, to a set of twins. He was employed for two years and apparently made the FMLA request per company policy. Since Mr. A was not sick himself so, he does not have to provide proof that he is “fit” to return to work. Having said this, Mr. A can return before the twelve week limit if he chooses. Mr. A requested to be financially compensated for his time off. Mr. A is not entitled to back pay for his leave. He can however use sick time and or vacation time accrued to cover this absence, if it complies with company policy. Mr. A is to be given his job back, or the equivalent thereof, and his same rate of pay as per FMLA.
As far as if a violation has occurred, it has not. FMLA was granted, not denied. Mr. A is able to return to work earlier than expected by his own request. He must do the proper paperwork as per company policy to meet all reinstatement requirements. He will not receive financial compensation unless he has accrued the paid time off. I stand by my decision because the statements are in accordance with FMLA. If Mr. A would like to file a complaint with the state and federal courts he is most certainly entitled to do so.
1967 brought us the ADEA, the Age Discrimination in Employment Act. What defines ADEA is the fact that is protects employees who are forty years of age or older for employment discrimination based on their age. You cannot discriminate during these processes: hiring, firing, layoff, benefits, promotions, job descriptions, or employee training, (ADEA.com). This law allows companies to choose an older employee over a younger one if both are over forty years of age.
This law applies to companies with twenty of more individuals in their workforce. A company must provide the same benefits, job opportunities, and employment advancements to workers of all ages in compliance with the ADEA. Unfortunately, you still see this very thing in the workplace today. Many companies have found ways and means around this law. Some employees do not speak out on this issue in fear of losing their jobs.
In our situation B, we have a sixty eight year old person, with forty two years of company loyalty, with an above average annual performance review, and that had been passed over for promotion. The promotion was given to a thirty two year old person, who had an average annual performance review. ADEA applies to our senior employee because they were denied the promotion due to age. Our other applicant for the position is under forty years of age. Had the promotion been given to a person that was forty years old or older, ADEA would not apply in this situation.
Has there been a violation in this situation? Yes! ADEA clearly states you cannot discriminate against workers forty years old or older. The sixty eight year old also shows company loyalty as well as higher marks from superiors. The decision on who got the promotion as well as who gave the promotion are highly in question. The promotion must be rescinded before lawsuits are filed. The promotion must go to the older person provided they are qualified to perform the duties of the job as per company policy. Training may be involved but cannot be denied either. No retaliation must be done and education to the promotion department must be done as well. They need to be reminded of ADEA rules and regulations.
Our situation C brings us to the Americans with Disabilities Act or, ADA. This law was put into effect in 1990. This act makes it unlawful to discriminate against a person due to a physical or mental issue,(ADA.com). It prohibits companies, and other places of business, from either not allowing people with disabilities to work or to enter as customers. In order to fulfill a job position the person must be qualified for the position and if they are able to fill the job, the company must provide or modify equipment, provide interpreters, and modify work schedules as listed in ADA.
Applicant C requires a wheelchair, for his activities of daily living, because of bilateral leg paralysis. This person is certainly covered under the ADA law. This applicant was obviously otherwise qualified for the position but was denied due to his disability. Company X is in partial compliance with two elevators having buttons within applicant C’s reach but not all four elevators. If applicant C became employed he would need full access to all elevators as would anyone else with a disability of this nature, to be able to access all seven floors of the company adequately.
There is a violation in this situation. The company told the applicant it would put an undue financial hardship on them to lower the buttons in the two elevators. It would cost one thousand dollars for each of the two elevators and it would take one day of work per elevator. All of the elevators must be in compliance per ADA. Until the work is complete they could provide the applicant with something to better aid him in reaching the buttons. I’m sure there are stairs in this building that could be used by willing employees so the work could be done. The work could be done before or after business hours, and or on the weekend.
It would be in the best financial interest of this company to be completely compliant with ADA. The cost of an ADA lawsuit would be far more than the cost for this company to do the work. It would also promote a better environment and public relations with other customers as well.

References:
FMLA.com
ADEA.com
ADA.com
The Legal and Ethical Environment of Business, v.1.0, Lau/Johnson,
Flatworld Education, 2016.