Western Governers University
LIT1: Task 310.1.5 - 02 11 13
Situation A:
The Family Medical Leave act of 1993 states that any employee who has been with the company for 12 months qualifies for job and salary protection as long as the company has at least 50 employees in a 200 mile radius. Since Company X employs 75 people it must meet the follow FMLA policy. Employee A qualifies for FMLA job protection since he has been with the company for 2 years prior to his qualifying family event. Birth and medical complications leading up to it are qualified reasons to request FMLA however, the act states employees may take up to 12 weeks of unpaid leave. There is no requirement under FMLA that leave be paid, any compensation to the employee during their leave is a voluntary act by the employer. Therefore, the denial for his 11 weeks pay is not a violation of FMLA. The managers actions were appropriate and with in the law.
Situation B:
The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees 40 years of age or older. Given the glowing performance review of the 67 year old employee that was turned down for the promotion it is apparent that age discrimination was probably in effect. The violation possibility is amplified by the fact that the 38 year old promoted person was much younger and had a lower performance review. This employee could report or sue the company for ADEA violation.
Situation C:
The company has violated Title I of the Americans with Disabilities Act of 1990 by denying a qualified candidate a job due to not wishing to accommodate his physical disabilities in a reasonable manner. Undue hardship is defined by the ADA as: “significant difficulty or expense incurred by a covered entity” (Briggs, Morgan, Wilhelm, 2012). The ADA was violated in this situation because the accommodation the job candidate needed to use all the elevators is not one of a significant degree of difficulty or expense. To remove or replace two elevator keypads so that they are 4 inches lower where he could reach it would require very little time, effort, or expense.
Lau, T., & Johnson, L. (2011). The legal and ethical environment of business. Irvington,
NY: Flat World Knowledge.
The Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202Code, 29 U.S.C. § 621 through 29 U.S.C. § 634 (ADEA )
The Family and Medical Leave Act - FMLA - 29 U.S. Code, 42 U.S.C. § 28 (FMLA)
Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990).
http://www.salary.com/Articles/ArticleDetail.asp?part=par092 http://www.eeoc.gov/laws/statutes/adea.cfm http://www.eeoc.gov/laws/statutes/ada.cfm 