Competency 310.1.5: Labor And Employment Law

871 words - 4 pages

A.

1.
Up to 12 weeks of unpaid leave during a 12-month period are available to employees for the birth of a child or care for the newborn within 1 year of birth, care for an adopted child within 1 year of placement, care for a family member with a serious health condition, a serious health condition that prevents the employee from performing the duties of their job, or any qualifying exigency involving an immediate family member that is on “covered active duty.”
The FMLA also provides employees up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if they are immediate family.
You must work for a covered ...view middle of the document...

The ADEA applies to employers with at least 20 employees, including state and local governments. It also applies to the federal government. ("Facts About Age Discrimination," n.d.)

2.
Employee B is 68 years old, which meets the ADEA’s minimum age qualifications of 40 or older. Employee B was given a better evaluation in comparison to the other candidate, yet did not receive the promotion.

3.
It is impossible to tell whether the annual performance review was the only criteria considered for promotion. The ADEA does allow an employer to favor an older employee over another if they are both 40 or older, but the second candidate was only 32. It is also possible that the employer may have had employees waive their ADEA rights, something that is neither confirmed nor denied in the example. Regardless, I think that Employee B did have his rights violated and that the second candidate was chosen with their age in mind.

C.

1.
The ADA makes it illegal for an employer to discriminate against an otherwise qualified applicant because of a disability. It also makes such a discrimination illegal in state and local government services, public accommodations, transportation, and telecommunications. ("2010 ADA regulations," n.d.)
Employers are required to provide reasonable accommodation to qualified applicants or employees unless the accommodation would cause the employer an undue hardship. ("ADA - Your Employment Rights as an Individual With a Disability," n.d.)
The ADA makes it illegal to discriminate in practically all employment practices, and...

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