Analysis Task 2 Human Resources Situation Analysis Report
Human Resources: Situations Analysis Report
Lit1 Task 2
WGU
Tenetra Crawford
Three situations were submitted to me for analysis to determine if any federal acts were violated. I have reviewed each situation and below is a brief summary of the specific federal acts that applies to the scenario and if any violations occurred. This report will allow you to determine if any actions are required by department managers to remedy these situations.
Situation A The employee in this situation was out on leave for eleven weeks due to the premature birth of twins to the employee’s spouse. The employee was allowed to return to work in same position and rate of pay. The employee’s request to receive pay for the eleven weeks missed of work was denied. No violation was committed. …show more content…
This situation pertains to the Family Medical Leave Act of 1993 (FMLA).
FMLA is allowed for any employee that has worked for the company with more than fifty employees for at least twelve months and has worked a minimum of one thousand two hundred fifty hours (“Family and medical,” n.d.). Any employee that meets these requirements is allowed to take time off for personal medical issues, serious health conditions of a qualifying family member or for the employee to have a baby (adopt a child). In these cases the employer is not required to pay the employee for this time off, however the employee is entitled to return to work with the same position and salary. This employee has worked for the company for two years and it can be concluded that the minimum hours worked to receive FMLA was achieved. The employer held the employee’s position in the company with no demotion which is also covered by the Family and Medical Leave Act. And the refusal from the company to pay wages missed over the eleven week leave is covered in the act as well, stating it is the discretion of the company to pay any wages while
out.
Situation B In this situation the employee B, who is sixty eight year old, with an above average yearly review was denied a promotion based on age alone. A younger co-worker with a less favorable yearly review was granted the promotion.
The Age Discrimination in Employment Act of 1967 (ADEA) prevents employers from denying applicants forty years old or older employment based on their age or discharge an employee due to age, unless age limitations can be shown to be necessary for the operations of the business. The act also shields older employees from denial of benefits and promotions due to age.
We start by justifying the employee’s ability to be covered by the Age Discrimination Act. First, the company has 75 employees which is above the minimum requirement for employees under the act. Next, the employee is 68 which also provided him protection under the act. So by the company’s own admittance that the employee was passed over for the promotion based solely on age is in direct violation of the Age Discrimination Act.
Situation C A paralyzed job applicant applied for a position in which he was denied due to the need for special accommodations. The job requires the ability to move around the company offices and the applicant would need to use the elevators at the headquarters as well, to move about the multiple floors in the building. Two of the four elevators’ keypads in the headquarters are too high. The company denied the applicant employment stating the adjustments needed caused an undue hardship on the company. In this case a violation of the American with Disabilities Act was committed. The Americans with Disabilities Act forbids any form of discrimination against individuals with disabilities, affording them the right to employment opportunities, to participate in government and the purchasing of services and goods. The act has five sections that covers different areas of life. (“The Americans with”, n.d.) Title I covers employment and it states that an employer must provide reasonable accommodations to a disabled employee as long as it does not cause undue hardship to the company. Undue hardship does not mean or include minor inconveniences. The question becomes is providing the alterations to the two elevators reasonable accommodations or undue hardship. First we must come to the conclusion that the applicant was qualified for the position because, the only reason given for not hiring the disabled applicant was due to undue hardship with relocating he keypads in the two elevators. Secondly; since the company has a several buildings in operation we can deduce that the company could afford the modifications to the two elevators. So, there was no undue hardship to the company.
Conclusion In conclusion; when dealing with delicate situations as those mentioned above, we must be certain that all management is familiar with policies and laws pertaining to all aspects of business. If uncertainty arises please be sure that management reaches out to the human resources department with any questions so that we can make certain that no violations occur.
Works Cited
Family and medical leave act. (n.d.). Retrieved from http://www.dol.gov/whd/fmla/ The americans with disabilities act. (n.d.). Retrieved from
http://adata.org/learn-about-ada
Lit1 Task 2
WGU
Tenetra Crawford
Three situations were submitted to me for analysis to determine if any federal acts were violated. I have reviewed each situation and below is a brief summary of the specific federal acts that applies to the scenario and if any violations occurred. This report will allow you to determine if any actions are required by department managers to remedy these situations.
Situation A The employee in this situation was out on leave for eleven weeks due to the premature birth of twins to the employee’s spouse. The employee was allowed to return to work in same position and rate of pay. The employee’s request to receive pay for the eleven weeks missed of work was denied. No violation was committed. …show more content…
This situation pertains to the Family Medical Leave Act of 1993 (FMLA).
FMLA is allowed for any employee that has worked for the company with more than fifty employees for at least twelve months and has worked a minimum of one thousand two hundred fifty hours (“Family and medical,” n.d.). Any employee that meets these requirements is allowed to take time off for personal medical issues, serious health conditions of a qualifying family member or for the employee to have a baby (adopt a child). In these cases the employer is not required to pay the employee for this time off, however the employee is entitled to return to work with the same position and salary. This employee has worked for the company for two years and it can be concluded that the minimum hours worked to receive FMLA was achieved. The employer held the employee’s position in the company with no demotion which is also covered by the Family and Medical Leave Act. And the refusal from the company to pay wages missed over the eleven week leave is covered in the act as well, stating it is the discretion of the company to pay any wages while
out.
Situation B In this situation the employee B, who is sixty eight year old, with an above average yearly review was denied a promotion based on age alone. A younger co-worker with a less favorable yearly review was granted the promotion.
The Age Discrimination in Employment Act of 1967 (ADEA) prevents employers from denying applicants forty years old or older employment based on their age or discharge an employee due to age, unless age limitations can be shown to be necessary for the operations of the business. The act also shields older employees from denial of benefits and promotions due to age.
We start by justifying the employee’s ability to be covered by the Age Discrimination Act. First, the company has 75 employees which is above the minimum requirement for employees under the act. Next, the employee is 68 which also provided him protection under the act. So by the company’s own admittance that the employee was passed over for the promotion based solely on age is in direct violation of the Age Discrimination Act.
Situation C A paralyzed job applicant applied for a position in which he was denied due to the need for special accommodations. The job requires the ability to move around the company offices and the applicant would need to use the elevators at the headquarters as well, to move about the multiple floors in the building. Two of the four elevators’ keypads in the headquarters are too high. The company denied the applicant employment stating the adjustments needed caused an undue hardship on the company. In this case a violation of the American with Disabilities Act was committed. The Americans with Disabilities Act forbids any form of discrimination against individuals with disabilities, affording them the right to employment opportunities, to participate in government and the purchasing of services and goods. The act has five sections that covers different areas of life. (“The Americans with”, n.d.) Title I covers employment and it states that an employer must provide reasonable accommodations to a disabled employee as long as it does not cause undue hardship to the company. Undue hardship does not mean or include minor inconveniences. The question becomes is providing the alterations to the two elevators reasonable accommodations or undue hardship. First we must come to the conclusion that the applicant was qualified for the position because, the only reason given for not hiring the disabled applicant was due to undue hardship with relocating he keypads in the two elevators. Secondly; since the company has a several buildings in operation we can deduce that the company could afford the modifications to the two elevators. So, there was no undue hardship to the company.
Conclusion In conclusion; when dealing with delicate situations as those mentioned above, we must be certain that all management is familiar with policies and laws pertaining to all aspects of business. If uncertainty arises please be sure that management reaches out to the human resources department with any questions so that we can make certain that no violations occur.
Works Cited
Family and medical leave act. (n.d.). Retrieved from http://www.dol.gov/whd/fmla/ The americans with disabilities act. (n.d.). Retrieved from
http://adata.org/learn-about-ada