Under the Family and Medical Leave Act of 1993 Employee A does qualify for up to 12 weeks of unpaid leave to care for his newborn and his spouse. (US Department of Labor, 2008) Since there is no legal requirement under the FMLA for paid leave, the employee is not entitled to leave with pay under the FMLA. However, if the employee has vacation time and the company policy allows, he can take his accrued vacation time to pay for the time he was gone. Situation B
The Age Discrimination in Employment Act of 1967 prohibits denying an employee a promotion on the basis of age; it covers those over 40 years old. (US Department of Labor, 2008) Employee B is 68, while the ADEA does allow for mandatory retirement, this employee was denied a promotion, and the question of retirement is not part of the equation. Employee B’s most recent performance review was better than the person who received the promotion. It appears that there is a violation of the ADEA. There may be a need for further investigation.
If it is found that there are no other circumstances for the promotion being denied to Employee B steps should be taken to rectify the situation. Situation C The Americans with Disabilities Act of 1990 does allow for companies to refuse making accommodations for the disabled employee or applicant on the basis of “undue hardship”. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. EEOC, 2008) It may not be able to be successfully argued that a company that has offices that take up a 7 story building would suffer hardship if they had to lower the keypads in two elevators. The term undue hardship is without any solid guidelines to determine what qualifies as hardship. Due to this, it may be more prudent to make the accommodations than to risk having to pay a lawyer and time in court. Citations
United States Department of Labor (2008), Family and Medical Leave Act, Employment Standards Division, Retrieved August 4, 2008 from http://www. dol. gov/esa/whd/fmla/ United States Department of Labor (2008), Age Discrimination, Employment Standards Division, Retrieved August 4, 2008 from http://www. dol. gov/dol/topic/discrimination/agedisc. htm The US Equal Employment Opportunity Commission (2008), Disability Discrimination, Retrieved August 4, 2008 from http://www. eeoc. gov/types/ada. html