The Senior Vice-President of Operations has appointed me, the Director of Human Resources, to investigate any violations of Federal Employment Laws within Company X. Three situations have come to me to analyze. First, if a violation of the Family and Medical Leave Act of 1993 took place. An employee requested time off for the birth of his child. Second, an employee was turned down for a job promotion is stating discrimination due to his age. Investigation into the Age Discrimination in Employment Act of 1967 is evaluated to decide if this case is a violation. The third situation is for a job applicant who is wheelchair bound. The manager turned him down for the open job position due to the tasks requiring him to move around the office
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FMLA is a job protected leave with continued group insurance coverage. It 's unpaid, unless the employer agrees to pay for the time lost. To qualify for FMLA the employee must be with the company for 12 months and have worked 1,250 hours in that 12 month period. The company must employ 50 or more employees within a 75 mile distance. To take FMLA you must have a qualifying reason. Those reasons are: Birth and care of new child within the first year, placement and receiving of child in adoption or foster care, the care for child, parent or spouse serious illness, the employees own serious health condition. If the employee meets the time worked and reason they can take up to 12 weeks within a 12 month …show more content…
The employee, who is 68 years old, has been with the company for 42 years, applied for a promotion. During his yearly review he received an “above average” rating. He is qualified, but was denied. His co-worker was given the promotion, whom is 32 years old and received a rating of “adequate” on his review. The employee is stating he was discriminated due to his age. The ADEA is there to protect older employees who may be looked past due to their age. It is to protect workers 40 years or older. The Act covers employees in applying, hiring, firing, layoffs, promotions, pay and benefits. It is also unlawful for employers to say they are hiring young people in their job postings. Employers are to treat older employees equal to the younger workers giving each an equal opportunity. It is also unlawful to limit wages, not offer job opportunities or assignments, or dismiss from work because of their age. Holding the type of opportunities or other status as an employee is also illegal. Employees are also covered under the Older Workers Benefits Protection Act of 1990 (OWBPA). Older employees have more expensive health care, life insurance and other needs that some employers don’t want to pay for; this Federal law will protect their benefits (The Age Discrimination in Employment Act of 1967). The law does not protect against teasing, one time offenses or isolated
FMLA is a job protected leave with continued group insurance coverage. It 's unpaid, unless the employer agrees to pay for the time lost. To qualify for FMLA the employee must be with the company for 12 months and have worked 1,250 hours in that 12 month period. The company must employ 50 or more employees within a 75 mile distance. To take FMLA you must have a qualifying reason. Those reasons are: Birth and care of new child within the first year, placement and receiving of child in adoption or foster care, the care for child, parent or spouse serious illness, the employees own serious health condition. If the employee meets the time worked and reason they can take up to 12 weeks within a 12 month …show more content…
The employee, who is 68 years old, has been with the company for 42 years, applied for a promotion. During his yearly review he received an “above average” rating. He is qualified, but was denied. His co-worker was given the promotion, whom is 32 years old and received a rating of “adequate” on his review. The employee is stating he was discriminated due to his age. The ADEA is there to protect older employees who may be looked past due to their age. It is to protect workers 40 years or older. The Act covers employees in applying, hiring, firing, layoffs, promotions, pay and benefits. It is also unlawful for employers to say they are hiring young people in their job postings. Employers are to treat older employees equal to the younger workers giving each an equal opportunity. It is also unlawful to limit wages, not offer job opportunities or assignments, or dismiss from work because of their age. Holding the type of opportunities or other status as an employee is also illegal. Employees are also covered under the Older Workers Benefits Protection Act of 1990 (OWBPA). Older employees have more expensive health care, life insurance and other needs that some employers don’t want to pay for; this Federal law will protect their benefits (The Age Discrimination in Employment Act of 1967). The law does not protect against teasing, one time offenses or isolated