Lit1 Task 2 Essay

1224 Words Aug 10th, 2015 5 Pages
LIT1 Legal Issues for Business Organizations
TASK 2: Labor and Employment Law

September 17, 2014

ATTN: Requestor, SVP of Ops
SUBJ: Compliance Review; Report of Findings
Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below.
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SITUATION A FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES | Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical
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Employees age 40 and older are protected from employement discrimination in the Age Discrimination in Employment Act of 1967. | The company promoted a 32-year old employee over a 68-year old employee, and the older employee falls within the guidelines of protection from the ADEA. | The 68-year-old employee has been employed with the company for 42 years and received a stellar performance review. The 32-year-old employee received an average performance review. | The ADEA makes it unlawful for a business to give advantage over a younger employee based on age unless age is a solid qualification necessary to perform the duties of the position. Seniority and job performance must be taken into account when considering promotions. | The older employee has been with the company longer than the age of the younger employee, so more experience and seniority is founded. Feedback from superiors proves that the older employee has no disability that prevents him from completing his job satisfactorily, and the job does not require age to qualify for promotion. | SUMMARY OF FINDINGS | The law states that workplace discrimination occurs when an employee is treated unequally or unfairly due to his/her age. The 32-year-old employee was less qualified than the 68-year old employee and had much less seniority with the company than the older employee, but was given the promotion unfairly based on age. Bias is clear in this situation.THE COMPANY VIOLATED THE AGE

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