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In: Business and Management

Submitted By Camron12
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Competency 310.1.5: Labor and Employment Law
Situation A
Under the FMLA, the employee requesting leave from the company does fall under the employee eligibility act as he met the 12 month and 1,250 hour requirements and has been with the company for two years. The Employee was out for 11 weeks with unpaid leave, which is within the 12 week time frame permitted under FMLA. Under the entitlement to leave, he qualifies because he was also caring for his newborn twins who have health conditions due to the fact that they were born pre-mature. Upon returning the company he was given back his position with the original pay and benefits by his new manager, which is with-in the requirements of job restoration under FMLA. A violation has not occurred in regards to this employees claim by the denial of 11 weeks withheld salary as FMLA regulations state that up to 12 weeks maybe taken either straight through the rolling year or intermediately, but it is unpaid. Therefore he has no claim of any violation under the Act by the managers’ denial.
Situation B
“Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.” The ADEA protects employees who are forty years old and older. I would say the company violated the ADEA by denying the 68 year old employee a promotion based on his age and also because they could not provide any reasoning as to why they didn’t promote him. Especially after he was given an exceptional review and the promotion went to an employee with an average review. Due to this violation, the employee has a right to file a claim against the company.

Situation C
“The ADA prohibits discrimination based on disability in employment, State and local government, public…...

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