LIT1 - Task 2 - 310.1.5-02,_11,_13_0912
Family Medical Leave act of 1993
The Family Medical Leave act of 1993 (FMLA) ensures that personnel of companies with 50 or more employees, who work within a 75 mile radius of those in need of the leave, are able to take time off in order to balance their personal obligations with their employment commitment. An employee will qualify for family leave if
• they need time off for a serious health condition
• or a close family member requires care because of a serious health condition and
• they have worked for their employer for at least 1 year
• and they worked at least 1250 hours for the employer in that year
• and they notify the company
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” Paragraph (1) of subsection (c) further states concerning unpaid leave “If an employer provides paid leave for fewer than 12 workweeks… the additional weeks of leave necessary to attain the 12 workweeks… of leave required under this title may be provided without compensation.” (Labor, 1993)
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for any employer with 20 or more employees, labor organization or employment agency to discriminate against employees and job applicants age 40 and above. The ADEA applies to all aspects of the employment process. An exception can be made when an older employee is shown favor over a younger employee who qualifies for protection under the ADEA. It is also unlawful for any employer, labor organization or employment agency to discriminate against an employee or applicant who has opposed a practice made unlawful by the ADEA. It is also usually unlawful to post job notices and advertisements with age requirements unless there is a genuine age qualification that might affect normal business operations.
In our case Employee B qualifies for protection under the ADEA since Company X is required to abide by the ADEA and Employee B is over 40 years old. The facts show that Employee B was performing at a higher level than the co-worker given the promotion and was specifically denied the promotion because of his age. Therefore, it is my opinion that Company X violated the ADEA.
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 (ADA) makes it illegal for employers with 15 or more employees to discriminate against qualified workers with a physical or mental disability that hinders their routine functionality. This would include things like ambulatory, learning or working ability, speaking, hearing, vision, breathing and personal care. The law reaches beyond employee, employer relationships extending all the way to public services, public accommodations, transportation and even telecommunications.
To be protected a person must be qualified for the position and must be able to perform the necessary work with or without reasonable...