FastServ has to lay-off three employees, Brian Carter, Sarah Boyd and Jenny Mills. The lay-off has to be done within the scope of law. FastServ must have justifiable reasons to lay-off the three employees else it could result in employees filing complaints claiming Age discrimination, discrimination against pregnant women and Violation of ADA.
Based on the three employees that are going to be laid-off, the following three statutory or case laws are relevant to the situation.
The Americans with Disabilities Act 1990
The Age Discrimination in Employment Act 1967
The Pregnancy Discrimination Act 1978
Brian Carter is one of the employees that will be laid-off since his skills and expertise will be redundant with the plug being pulled on the website ...view middle of the document...
The reason to lay-off Sarah Boyd is the automation of the Dispatch department which has caused her skills to be redundant. The management is not able to find another position across the company where her skills could be put to use. If a proper severance package is worked and agreed upon. There should be no issues that could arise from this lay-off.
If Sarah Boyd is laid-off because she is 53 years old and cannot perform her job because of her physical strength, agility reflexes, hearing and vision are tending to diminish in quality. It is not a legal reason for discriminating against older persons as a class and will be considered as a Violation of the Age Discrimination in Employment Act 1967.
Jenny Mills is five months pregnant and an average performer who takes charge of situations. Her skills are non-critical. She has been absent for 14 days in the last month. She takes frequent breaks causing all male colleagues to be upset.
If Jenny Mills skills are non-critical and not required by the company, reason to lay her off is justified. On the other hand if Jenny is let go because she takes frequent breaks or she is pregnant. It will be in Violation of the Pregnancy Discrimination Act.
Any employment decision whether hiring, firing, promotion, payment of compensation etc should have a justifiable reason and proper cause. Employment decision should never be made based on sex, race color, national origin, religion, woman’s pregnancy, or individual’s disability. If these factors are considered in making employment decisions they could results in Violation of Title VII of the Civil Rights Act of 1964, The Americans with Disabilities Act 1990, The Age Discrimination in Employment Act 1967 or The Pregnancy Discrimination Act 1978. Problems arise when there is no applicable