Family and Medical Leave Act

Created in 1993, the Family and Medical Leave Act offers employees up to 12 weeks of excused absence from their jobs every year. It was enacted to aid employees in balancing work and personal obligations, without having to choose between the two in times of crisis. (http://fmlaonline.com/) There are many guidelines to qualify for FMLA leave. First off, the employee has had to work for the employer for at least 12 months and worked at least 1,250 hours the pervious calendar year. The other qualifications are that the employee or a spouse (daughter, son, or parent) is suffering from a medical condition, to where the employee cannot perform his or her job duties, or has to take care of one of the following members listed earlier because of a medical condition. Those are just the guidelines for the employee, for an employer to qualify to grant an employee a FMLA leave it has to employ at least 75 or more workers. In Situation A, Employee A qualifies for a FMLA leave, because he has worked for the employer for two years. When taking a FMLA leave the time is guaranteed to be unpaid, the only time that you receive paid time off is when the employee has vacation time, or sick time. Therefore, if Employee A did not have any of this required time the employer was not violating any law by not giving him the 11 weeks of withheld salary. Considering Employee A has been working for the employer for two years and the pregnancy was probably more than likely planned, just came a little sooner than everyone thought. The Employee might have had some time saved up so that he could guarantee that he would have paid time off, if so than the employer would be violating a law.

Age Discrimination Act

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEAs protections apply to both employees and job applicants. 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 U.S. Equal Employment

Opportunity Commission) The federal government, labor organizations, and employment agencies have to obey by this law. The Age Discrimination in Employment Act protects employees in several different categories. A few of them are pre-employment inquiries, job notices and advertisements, and benefits. The ADEA also protects employees from discrimination between older employees. This means that an employer cannot hire Frank, 47, over Eric, 59, because Frank is younger. (NicoleD) When it comes to Situation B the Age Discrimination in Employment Act needs to be enforced, and Employee B can proceed to file a waiver. Considering that, Employee B completed a performance review and received above average for his performance in that particular department, and was denied the promotion. In which was granted to a coworker that did not do as well as Employee B but was younger than he was. This is a certain case of age discrimination, and the ADEA prohibits these acts. Therefore, the employer is violating the ADEA.

Americans with Disabilities Act

The ADA prohibits discrimination based on disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. (Justice, 2009) To be considered a disabled American by the ADA you must have a mentally or physically impairment that reduces one or more of the most important life activities. There are a few other situations as well to be considered a disabled American. Employers are required to provide realistic changes for the disabled American, unless the turnouts were to be undue hardship. In Situation C Applicant C is protected by the ADA, because she requires a wheelchair that is caused from her paralysis to both legs. Therefore, Applicant C is considered a disabled American. There are particular job requirements that will alter Applicant C from performing his or her job, according to the job description. Main reason being the applicant would have to use the elevator to go to a certain destination, and will not be able to reach the number box inside of the elevator. Company X could make the accommodation of moving the number box down in two of the four elevators, but that would be an outrageous cost to the company. Applicant C was told the truth about the reasons she was not hired for the job, and Company X did not violate any laws since they did their research and actually looked in to the accommodation instead of just passing over the applicant.

Works Cited
(n.d.). Retrieved from The U.S. Equal Employment Opportunity Commission. http://fmlaonline.com/. (n.d.). (2009). A GUIDE TO Disabilitiy Laws. In U. D. Justice. NicoleD, F. M. (n.d.). Age Discrimination Act: FAQs for Small Business Owners. Retrieved from http://www.sba.gov/.