Legal Issues with Business Organizations
Legal Issues in Business Organizations
University of Phoenix
June 29, 2012
SITUATION A
Employee A’s leave of absence is covered under the Family and Medical Leave Act (FMLA) of 1993. FMLA applies to all companies with 50 or more employees. This act mandates an employee be allowed up to 12 weeks of leave for qualifying circumstances. The birth of Employee A’s child is a qualifying circumstance under the domestic responsibilities clause of the act. Longevity a clause in the FMLA also makes the employee eligible, as Employee A has been with the Company X for two years. Since the employee has only been absent for 11 weeks he falls within the duration of the act and is guaranteed job protection and suffers no reduction in salary upon his return to work.
However, Employee A is not eligible for his withheld salary of his 11 week leave to be reimbursed. The FLMA provides certain employees with up to 12 weeks of unpaid, job protected leave per year. Company X is not in violation of Employee A’s rights under the Family and Medical Leave Act (FMLA) of 1993 by refusing to pay Employee A for the 11 weeks of his leave.
SITUATION B
In reference to Employee B, a 68 years old employee of Company X with a satisfactory performance evaluation, refusing to promote him because of age is unlawful according the Age Discrimination in Employment Act of 1967. The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal to discriminate against workers over the age of forty and applies to any employer with over twenty workers. One of the stated purposes of this amendment to the Civil Rights Act of 1964 is to promote employment of older persons based on their ability rather than age. While this amendment is aimed at helping employers and workers over 40 years of age find ways of mending problems arising from the impact of age on employment, non-compliance with this amendment is illegal.
Employers may discriminate against older workers if there is a bona
University of Phoenix
June 29, 2012
SITUATION A
Employee A’s leave of absence is covered under the Family and Medical Leave Act (FMLA) of 1993. FMLA applies to all companies with 50 or more employees. This act mandates an employee be allowed up to 12 weeks of leave for qualifying circumstances. The birth of Employee A’s child is a qualifying circumstance under the domestic responsibilities clause of the act. Longevity a clause in the FMLA also makes the employee eligible, as Employee A has been with the Company X for two years. Since the employee has only been absent for 11 weeks he falls within the duration of the act and is guaranteed job protection and suffers no reduction in salary upon his return to work.
However, Employee A is not eligible for his withheld salary of his 11 week leave to be reimbursed. The FLMA provides certain employees with up to 12 weeks of unpaid, job protected leave per year. Company X is not in violation of Employee A’s rights under the Family and Medical Leave Act (FMLA) of 1993 by refusing to pay Employee A for the 11 weeks of his leave.
SITUATION B
In reference to Employee B, a 68 years old employee of Company X with a satisfactory performance evaluation, refusing to promote him because of age is unlawful according the Age Discrimination in Employment Act of 1967. The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal to discriminate against workers over the age of forty and applies to any employer with over twenty workers. One of the stated purposes of this amendment to the Civil Rights Act of 1964 is to promote employment of older persons based on their ability rather than age. While this amendment is aimed at helping employers and workers over 40 years of age find ways of mending problems arising from the impact of age on employment, non-compliance with this amendment is illegal.
Employers may discriminate against older workers if there is a bona