Determining whether business activities in a given situation violate specific labor and employment laws.

Competency 310.1.5: Labor and Employment Law – The student can determine whether business activities in a given situation violate specific labor and employment laws.

Objective 310.1.5-02: Evaluate a given situation to determine how the provisions of the Family and Medical Leave Act of 1993 would apply.
Objective 310.1.5-11: Analyze a given situation to determine whether a violation of the Age Discrimination in Employment Act of 1967 has occurred.
Objective 310.1.5-13: Analyze a given situation to determine whether there has been a violation of the Americans with Disabilities Act of 1990.

Introduction:

Human resource departments are responsible for effectively, legally, fairly, and consistently attempting to maximize an organization’s return on its human capital investment while minimizing financial risk.

Given:

As director of human resources at Company X, a company with over 75 employees, you are charged with oversight of hiring and employment practices at the company, including compliance with federal regulations against discrimination in hiring and employment. You work with department managers to assist them in dealing with hiring and employment issues, and to ensure they are in compliance with pertinent federal law regarding the treatment of employees. Three situations have come to the attention of the company’s senior vice-president of operations, who has asked you to analyze each situation, and submit a report regarding whether certain federal acts may apply, or may have been violated, in each situation. The situations are as follows:

Situation A. 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.

Situation B. 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.”

Situation C. Applicant C requires the use of a wheelchair to move about due to paralysis of both legs. The position Applicant C applied for requires movement about the entire company offices, including using the elevator to access any of the seven floors in the headquarters building. In order for Applicant C to make use of the elevators, the key pads in two of the four elevator cars would have to be lowered four inches to be accessible. The work would take 1 day per elevator and cost $1,000 per elevator. Applicant C was denied employment, and was told the denial was because his/her employment would cause undue hardship on Company X.

Task:

Write an essay (suggested length of 2-4 pages) in which you:

A. Discuss the Family and Medical Leave Act of 1993 by doing the following:
1. Identify three major provisions of the Family and Medical Leave Act of 1993.
2. Evaluate how the Family and Medical Leave Act of 1993 applies to situation A.
3. Explain whether or not a violation has occurred in situation A.

B. Discuss the Age Discrimination in Employment Act of 1967 by doing the following:
1. Identify three major provisions of the Age Discrimination in Employment Act of 1967.
2. Evaluate how the Age Discrimination in Employment Act of 1967 applies to situation B.
3. Explain whether or not a violation has occurred in situation B.

C. Discuss Americans with Disabilities Act of 1990 by doing the following:
1. Identify three major provisions of the Americans with Disabilities Act of 1990.
2. Evaluate how the Americans with Disabilities Act of 1990 applies to situation C.
3. Explain whether or not a violation has occurred in situation C.

D. When you use sources, include all in-text citations and references in APA format.

 

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