Student ID: 000344046
Western Governors University
Task: LIT1 310.1.5-02, 11, 13
Situation A:
Situation A involves an employee who requested and was granted 11 weeks of leave from work with the birth of his children. With 75 employees, the company meets the 50 employee and above requirement to implement the Family and Medical Leave Act (FMLA). Therefore, the company is required to allow up to 12 weeks per year of leave to eligible employees for medical issues affecting the employee or the employee’s immediate family member(s). The company was correct in granting this leave to employee A.
A1: Violation:
The purpose of the Family Medical Leave Act is to protect an eligible employee’s position within the company, as well as, the employee’s pay rate and benefits. FMLA; however, does not require the company to pay the employee wages while they are on leave. The time away from work is unpaid, so the company is correct in denying employee A’s request to receive the withheld salary. The company has not violated any FMLA guidelines.
Situation B:
Situation B is regarding a promotion that employee B was denied due to age. The Age Discrimination in Employment Act of 1967 (ADEA) protects workers aged 40 and above from being discriminated against because of their age. If a job candidate is qualified, willing, and able to do the job that they have applied for they should be considered for the position regardless of whether or not they are over forty years of age. If they are denied the position because they are viewed as “too old” and are forty years old or older, this would be considered a violation of ADEA.
B1: Violation
Due to a 2009 ruling by the Supreme Court, discrimination based on age can sometimes be difficult to prove. However, in employee B’s case, they were informed that the hiring decision was based on their age. Employee B is 68 years old and is protected from this type of discrimination. This is definitely a violation of the ADEA