LIT1- Task #1
Provisions of FMLA:
In 1993, congress passed the Family and Medical Leave Act, they developed this bill to assist employees that needed to be out for extenuating, planned, or unforeseen medical circumstances. To remove the fear and worry of losing one’s current place of employment. The creation of this bill gives, employees the ability to take up to 12 weeks of unpaid leave, although they do have the option of using all of their calendar year given vacation time to compensate themselves while on FMLA. Because employee A, fell into several of the major FMLA provisions, he had been granted the ability to take leave.
How FMLA Applies:
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This was brought up by voters and congress began to take steps to create a legal solution. What came out of that collaboration was new legislation titled (ADEA) or Age Discrimination in Employment Act in 1967. This bill has several protections that enforce equal employment rights for all employees aged 40 or over. Several practices that have been made illegal are, discriminating based on age in hiring, based on age in promotion, or even compensation. At this point all, of these listed actions are considered illegal and gives employees the right to file a grievance with the EEOC, Equal Employment Opportunity Commission.
How ADEA applies to situation B:
Within situation B, we have an employee that is 68 years old. In addition, to his age we are told that he has just received his annual review and has received a rating of “above average”. Secondly, we have another employee that is 32 years old, and has also received their annual review, but they have only received a rating of adequate. However, both employees were up for a promotion, but one was clearly denied the promotion, due to his age being over 40 years of age. We have chosen to overlook an employee’s quality of work, because of him not being under the age of 40. Not to mention, he is also a longstanding employee of over 30 years.
Has an ADEA violation occurred?
My research has shown me that we are in direct violation with the (ADEA). Two areas that we are at gross negligence, with the Act would be not promoting employee B because of his age, and then creating terms that show unfair assessment of quality of work. We clearly have a qualified employee that has been with the company for many years, performs work duties at above average ranking, and yet still was denied a reasonable promotion due to him being over the age of 40. According to the law this employee can file with the (EEOC) and we would have to remedy the employee. My suggestion is, we should extend the promotion to employee B. Or we may risk having, civil rights fines, levied upon us. Not to mention the court of public opinion destroying our reputation.
Situation C: Disabilities Act
Not all disabilities are equal and in many cases, disabled citizens are capable of performing jobs that non-disabled citizens do on a daily basis. Through the years, modern medicine and technology, have allowed more and more disabilities to no longer hinder job performance. However, human nature still creates prejudices and a clear lack of knowledge when hiring or placing a disabled prospective employee. In 1990, congress passed a bill called...