Workers would be eligible to be covered under the FMLA under certain conditions. One of them being having to work for a public organization, such as; public schools, the state, or the local government. To work for a private employer who has 50 or more employees. Also, having to work for the same employer for the minimum of a year, and in that year having to have worked a minimum of 1250 hours.
In Situation A the employee meets the requirements to where he would be protected by the FMLA. The employee has been with his company for two year and his wife gave birth to premature twins. This meets the following eligibility circumstances; being with the company for over a year and caring for a newborn.
In his 11 week absence, the department manager left the company. A new department manager was hired to fill the position. The employee requested to come back to work which was approved. He also requested to come back and be back-paid for his 11 weeks of leave and that was denied. There is no violation of the FMLA in this situation. The FMLA only covers the security of your job, not your pay for the 12 weeks granted. In other words, The Family and Medical Leave Act of 1993 insures up to 12 weeks of unpaid and job-protected leave.
The Age Discrimination in Employment Act of 1967, also known as ADEA, was designed to protect individuals who are 40 years of age and older from discrimination based upon their age. According to the ADEA, it is prohibited to discriminate against someone because of their age. This is with respect to any condition, term, or privilege of employment. This includes; hiring, firing, promoting, laying-off, tasking job assignments, training, and so on.
Employee B, who is 68 years of age and Employee A, who is 32 years of age are both candidates for a promotion within Company X. According to the company’s annual performance review; Employee B got a rate of “above average”. Employee A got a lower rate of “adequate”. Employee B has been with the company for 42 years and obviously excels at his job; clearly making him the most appropriate candidate for the promotion.
Employee B was refused the promotion and it was given to Employee A. It is obviously that there has been a violation of the ADEA in this instance. Employee B was more than suitable for the promotion and no reason was presented as to why he was denied this promotion other than his age. Being over 40 years of age, Employee B is covered under the ADEA and he should have been the one selected for this promotion.
The Americans with Disabilities Act of 1990 bans private employers from discriminating against capable individuals with disabilities in job application procedures. Some procedures include; hiring, firing, advancing in the position, job training, along with some other terms and conditions. The ADA applies to employers that have 15 or more employees. The ADA also covers employment agencies, labor organizations and state and local governments. An individual who is considered to have a disability is a person who has a physical or mental impairment that limits one or more life function, has a record of such impairment, and who is observed as having such impairment.
An individual who is qualified or covered under the ADA is a person who can perform the imperative duties of the job in question, with or without reasonable accommodations. Some reasonable accommodations would include; making the existing buildings accessible to employees