LIT 1 Task 310

Topics: Employment, Leave, Business law Pages: 5 (1292 words) Published: June 6, 2015
The United States has steadily enacted laws to help combat discrimination on the basis of race, ethnicity, religion, and sex. Other regulations have been passed to help those with disabilities and those who may have a temporary medical issue to resolve. Some of these regulations include the Family and Medical Leave Act of 1993, the Age Discrimination in Employment Act 1967, and the Americans with Disabilities Act of 1990. These laws were all passed to improve equality in the workplace and promote workplace diversity. Since all employers were not treating their employees fairly, the government stepped in to help ensure inequality within the workplace becomes a rare occurrence.

Family Medical Leave Act of 1993

The Family Medical Leave Act of 1993 (FMLA) has provisions outlining the rights of workers in situations where a family member has a serious illness and needs care, the worker becomes seriously ill for a prolonged period of time, and if a baby is born. If an employee has worked at a company employing fifty or more people within seventy-five miles for at least twelve months and worked a minimum of one thousand two hundred fifty hours, they are eligible for a leave of absence under the terms of the FMLA. The FMLA also requires employers to maintain an employee’s group health benefits during leave and ensure the employee returns to their same job with the same pay or an equivalent job with equivalent pay. The FMLA pertains to Situation “A” because the employee’s spouse gave birth and regulations include both mothers and fathers. Males are protected under FMLA even though they do not give birth. The employee has also worked at the company for two years and it can be assumed the minimum hourly requirement has been met. The FMLA allows leave and the guarantee of employment for twelve weeks. The employee in Situation “A” was on leave for eleven weeks due to his child’s birth and works for a company employing at least seventy-five people. The employee in Situation “A” is subject to the provisions in the FMLA.

The employer in Situation “A” is not in violation of the FMLA by not paying out the employee’s withheld salary. There are no provisions within the FMLA that state the leave must be paid, instead it specifically states an unpaid leave must be granted if the term of employment conditions have been met. The employer adhered to the regulations by granting the leave of absence and giving the employee their original job back at the original rate of pay. Nothing further is required of the employer.

Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits the discrimination of employees of forty years old or more that work for companies with more than twenty employees. The ADEA makes reference that employers cannot discriminate against a worker based on age if the worker is qualified and able to carry out the essential job functions, and is willing to do the work for the same pay and in the same conditions. The ADEA applies to Situation “B” because Employee “B” is more qualified than Employee “A” and was willing to accept the terms of the promotion as-is. The sole reason for the denial of the promotion was Employee “B’s” age.

The employer in Situation “B” is in violation of the ADEA. The ADEA has provisions that does allow an employer not to promote an older employee if the employee is close to retirement age and has a pension, or if the position is an executive position. Employee “B” does not meet either criteria and cannot denied the promotion for those reasons. The ADEA also has provisions that allow an employer to discriminate against an employee over forty if it’s in favor of an employee that is even older. For example, if Employee “A” was older than Employee “B” and given priority for the promotion, the criteria of the ADEA would’ve been met. Employee “A” is only thirty-two and Employee “B” is sixty-eight, so this is not the case. Employee “B” is...
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