As the Director of Human Resources, I have been charged with the task of ensuring that Company X remains in compliance with all federal regulations against discrimination in hiring and employment. Please note that three very different situations have been brought to my attention for review, recommendation and possible action. Below is a full explanation of the facts of each situation, the federal statute that applies, as well as my findings concerning any company compliance issues. Situation A
Mr. A has been employed with our company for two years. The employee’s spouse recently gave birth to twins that were born prematurely. We granted the employee’s request for leave to be with his spouse during this time. Mr. A has asked to return to work after 11 weeks of leave. He has also asked that he be paid his salary for the 11 weeks that he was on leave. His manager has offered Mr. A his previous job at his previous rate of pay; however, the employee’s request for salary withheld has been denied. Employment Law to Reference:Family Medical Leave Act (FMLA) The FMLA is an act that was passed in 1993 that guarantees men and women up to 12 weeks of unpaid leave per year for childbirth, adoption or medical emergencies for themselves or a family member. This act applies to companies that employ at least 50 workers. As our Company employs more than 75 workers, Mr. A is guaranteed up to 12 weeks of unpaid leave for the birth and care of his premature twins. FMLA rules state that an employee: ·Must have been employed full time for at least a year (1250 hours). ·Must be allowed to return to the same job or a comparable job with the same pay and benefits. ·Must not be discriminated against because of leave time taken. The employee’s request to return to work at the same job and the same rate of pay has been granted; however, Mr. A’s request to be paid withheld salary for the time he was on leave was denied. Company Compliance Issues:
As a company, we have not violated any of the regulations set forth in the Family Medical Leave Act. FMLA does not require an organization to pay withheld salaries to employees; however, under the Department of Labor code section 825.207, if an employee has earned or accrued paid vacation, personal or family leave, that paid leave may be substituted for all or part of any (otherwise) unpaid FMLA leave relating to birth, placement of a child for adoption or foster care, or care for a spouse, child or parent who has a serious health condition. (1995, www.dol.gov[->0]) I recommend we inform Mr. A of this accrued vacation or personal leave option to ensure that we are in compliance in all areas of this act.
Mr. B, who is 68 years old, recently competed for a promotion within his department. His employment history indicates that he has been doing “above average” work for the past 42 years of employment at the company. Mr. B recently was made aware that he was denied the promotion because of his age. The employee ultimately chosen for the promotion is 36 years younger and has only received an “adequate” rating on her performance review. Employment Law to Reference:Age Discrimination in Employment Act (ADEA) The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees or job applicants who are 40 years if age or older. ADEA rules state that: ·An employer cannot fire, refuse to hire, fail to promote or diminish a person’s employment opportunities based solely on the fact that a person is 40 or older. ·An employer cannot require that an employee retire at any particular age. ·Complainants must first file a discrimination charge with the EEOC. ·Employees are permitted to substantiate age based discrimination based on unequal treatment or disparate impact. Company Compliance Issues:
If Mr. B was denied a promotion based solely on his age, this action places our company...