Director of Human Resources
Employee A has been with Company X for two years. Employee A's spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11-week leave. The previous department manager left the company during Employee A’s leave. The new manager has agreed to Employee A’s return to the previous job, at the previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary.
In “Situation A” employee “a” is guaranteed leave for up to 12 weeks during any 12-month period ...view middle of the document...
In conclusion, a violation has not occurred in situation “a” regarding employee “a”. We granted our employee the time off that he requested and upon his return, we gave him his previous position with previous pay. We are not responsible or even held liable for the withheld salary, due to no agreement before employee “a’s” leave. Had the previous manager promised his salary on leave, then we would need to review that matter.
Employee B is 68 years old and has been with Company X for 42 years. During the annual performance review last month, it was determined that Employee B was doing “above average” work in the department. Employee B was denied a promotion due to age. A co-worker given the promotion, who is 32 years old, received a performance review of “adequate.”
In situation “b” with employee “b”, we as a company are in the wrong. Under the Age Discrimination in Employment Act of 1967 or ADEA, persons over the age of 40 years old are protected against discrimination due to age. As a current employee and long-time employee, employee “b” is protected under this ADEA act. ADEA protects the right to be promoted even if employee “b” is over the age of 40. More specifically the Older Workers Benefit Act of 1990 prohibits employers from denying benefits to our companies more aged employees.
As a company, we are also not allowed to retaliate against employee “b” if he was to challenge our employment practices. He is allowed to file an age discrimination charge under ADEA and participate in a potential investigation or litigation. We can request that employee “b” waive his right under the ADEA, but this may be difficult considering the situation we put ourselves in. We do need to find out if employee “b” filed a charge or claim against us, and begin to prepare for this legally. I believe the best option at this point would to take action to get employee “b” the promotion he deserves and educate our managers on how to better handle situations like this one.
In conclusion, there was a violation that has occurred in situation “b” involving employee “b”. We are held liable under the ADEA to not discriminate against an employee based on age. We have clearly discriminated against employee “b” by denying him a promotion due to his age, even...