Student I.D.
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Western Governors University
LIT1: Task 310.1.5-02, 11, 13
Situation A:
The employee’s FMLA right was satisfied when he was granted the leave by the company. The employee has been employed at the company for two years prior to his request, which clearly fulfills the requirement of working a total of twelve months before the leave must be granted by the company, which employees more than fifty employees. The request for leave was for birth care, which is a valid reason to request FMLA.
All of the applicable provisions of the FMLA were adequately met for this particular employee. FMLA grants twelve weeks of unpaid time off and guarantees that the employee will then be able to return to the same job at the same rate of pay. FMLA provisions do not require paid time off as a mandatory action for the company; therefore, the employee cannot expect the company to pay eleven weeks of withheld salary and the company has not violated any FMLA rules by denying that specific request.
Situation B:
It is apparent the 68-year-old employee is performing his work duties adequately. The employee has an above average rating; therefore, it cannot be argued that his age is affecting his quality of work. Nothing to suggests that his work does not meet the standards of the company. This is an example of why the Age Discrimination Act of 1967 is so important and necessary.
This given situation is an obvious violation of the Act. The employee is over 40 years old and was denied a promotion due to his age. Additionally, a person was promoted who had a lower evaluation and happened to be substantially younger. The 68-year-old employee has been a victim of age discrimination and should not hesitate to contact the Equal Employment Opportunity Commission.
Situation C:
Company X has violated Title I of the Americans with Disabilities