Labor and Employment Law
Western Governors University
This report is in response for a request to analyze three situations to identify if any employment laws were violated.
Situation A: An employee was granted an 11 week leave for the birth of his twins. The employee was able to return to his former position with the same rate of pay. The employee requested to be paid for his absence and that request was denied.
This employee was granted leave based on the Family and Medical Leave Act (FMLA). This act allows ...view middle of the document...
He was absent for 11 weeks and was within the allowed timeframe.
Under the FMLA, an employee’s health insurance must be maintained during the employee’s absence at the same rate and terms while the employee was working. The employee is still responsible for paying the premiums just as while they were working.
While an employee is on leave, the FMLA guarantees that the employee’s position or equivalent position will be available upon return. The law also guarantees the employee be restored to the previous wage.
The FMLA is an unpaid leave. The employer is not required to pay an employee while on leave. The employee in question was granted leave and restored to his original position according to the FMLA guidelines. The employees request for back pay while on leave does not have to be granted under the Family Leave and Medical Act, therefore no laws were violated in this situation.
Situation B: A 68 year old employee with who has been with the company for 42 years was passed up for a promotion due to his age. The promotion was given to someone much younger and with a lesser performance review rating.
The Age Discrimination Employment Act (ADEA) was put in place to prevent an employer from discriminating against an employee who is 40 years of age or older. ADEA applies to all employers with 20 or more employees. (J.J. Keller & Associates, Inc., 2011)
It is okay for an employer to make decisions on hiring, firing or promotions of individuals based on reasonable factors such as experience and performance.
In this case, the employee was given an above average annual performance review. There is no mention of any past disciplinary action. A valid reason for promoting the younger employee would be superior performance to the older employee but that is not the case as the younger employee had a lesser rating on his performance review. It appears that age was given as the reason for said employee not receiving the promotion. This is an obvious violation of the Age Discrimination Employment Act.
Situation C: In this situation, a job candidate is disabled and wheelchair bound. The position requires movement from one floor to another. There are elevators available but the elevator buttons are not within reach of the candidate. The candidate was turned down from the position due to the company claiming unreasonable accommodations would be necessary.
The Americans with Disabilities Act was enacted in 1990. This act made it unlawful for...