LIT1: Task 310.1.5-02, 11, 13

Topics: Equal Employment Opportunity Commission, Age Discrimination in Employment Act, Employment Pages: 3 (858 words) Published: December 31, 2013
Western Governors University
LIT1: Task 310.1.5-02, 11, 13

Situation A

In this scenario, the employee had the right to request unpaid leave to help out the spouse. He has been with the company for two years and the request was to be with his spouse. Under the FMLA Act, he is allowed up to 12 weeks of unpaid leave. The leave can be used all at one time or spread out over the span of 12 months to help care for the newborns and/or his wife. He was allowed to return to the same job with the same salary. The company has satisfied the requirements when he was granted his request for the leave.

Situation A Violation

The company was in compliance with all of the laws under the FMLA Act. He was allowed his time off. He was allowed to return to his same job with the same salary. The only request that was not granted was the request to be paid for the 11 weeks that he was gone. There is no law in the FMLA Act that states he has to be paid. The key word is unpaid leave.

Situation B

In this scenario, the 68 year old employee had his annual review and was doing “above average” work. But he was denied a promotion because of his age. There was a younger employee who had an “adequate” review but received the promotion. Under the Age Discrimination in Employment Act, a promotion cannot be denied based on your age.

Situation B Violation

The company has violated the Age Discrimination in Employment Act of 1967. The promotion was denied to the 68 year old employee based on his age and not his performance. They made it really obvious by promoting a younger employee with a lower review. This 68 year old employee can report his employer to the Equal Employment Opportunity Commission. Situation C

In this scenario, the applicant was denied employment because there has to be special accommodations made for the applicant. The position the applicant is applying for requires access throughout the entire company. This includes all seven floors which...
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