AL Q16

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Jun 24, 2024

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Domestic and International Aviation Law Questions Over Chapter Sixteen Seong Hyun Shim 1. As a general rule, an employer can fire an employee at will for what reasons? Employers generally have the power to dismiss (fire) workers for any reason, or for no apparent reason at all, unless a collective bargaining agreement (union contract) between the company and employees' union is in effect. Employees also have the freedom to leave their positions for any reason, or for no reason at all. We call this "employment at will." 2. Under the Civil Rights Act, employers may not discriminate on the basis of what “ protected classes ” in employment and compensation? The Civil Rights Act of 1964, as amended by the Equal Employment Opportunities Act of 1972, prohibits employers from discriminating in employment and compensation against any individual because of the person’s race, color, religion, sex or national origin (these are referred to as protected classes). 3. May employers lawfully refuse to hire a person of homosexual orientation if the person is qualified for the job? Enforcing compliance with these rules is the primary responsibility of the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). A few states have passed legislation that expands the list of protected classes to include sexual orientation. 4. May an employer lawfully give preference to a younger person over an equally qualified older person in hiring, compensation, and advancement? The Age Discrimination in Employment Act (ADEA), which is overseen by the Equal Employment Opportunity Commission (EEOC), forbids companies from enforcing a mandatory retirement age and forbids discrimination against those over 40 in the workplace. 5. A regional airline has advertised openings for aircraft dispatchers. A qualified applicant appears for a job interview in a wheelchair, having permanently lost the use of her legs as a result of a lower back injury suffered in a motorcycle accident. The interviewer, who has never really known anyone with a disability, worries that it would be more difficult for her to get to and from work and to maneuver between the desks in the office. The interviewer also believes the applicant would have difficulty handing flight documents to air crews across the dispatch office counter, which is chest-high to a standing person of average height. Besides, the interviewer feels generally uncomfortable around the person and thinks that the pilots would, too. Can the airline lawfully give hiring preference to another qualified applicant who has no disability? Explain. No, only if a disabled individual is otherwise competent for the work is their protection under the ADA granted. A "qualified individual" is someone who, with or without a reasonable accommodation, is competent to perform the necessary tasks of the position. The duties listed in a written job description are typically considered essential to the position. The Americans with Disabilities Act (ADA) forbids an employer from discriminating against an employee based on their handicap if the employee is able to perform those essential duties without requiring any modifications to the work process or environment. 6. A Midwestern manufacturer of civil aircraft is hiring janitorial workers to keep the plant clean. Most residents of the area are white and of European descent. The state gave the manufacturer tax breaks valued in millions of dollars to locate in the area, to bring in jobs to replace declining farming jobs. Many applicants for the jobs look and sound foreign to the interviewer and were born in Central and South American countries.

a. Can the employer lawfully give preference to applicants who were born and raised in the local area over other qualified applicants who came from abroad? Why? The Equal Employment Opportunities Act of 1972 amended the Civil Rights Act of 1964, which forbade employers from paying or hiring people based only on their race, color, religion, sex, or national origin (collectively, "protected classes"). b. Is the employer allowed to require proof of identity and verify that persons hired are legally qualified to work in the U.S.? Why? Yes. It is required. 7. Your company is bidding for its first federal government contract. If you are the successful bidder, will this impose additional requirements on your hiring practices? Explain. Yes. You must develop an affirmative action plan. 8. What is an “ exempt ” employee? It means not entitled to overtime, executive level, and no policy-making work. 9. You are hired to manage an established FBO. Among the employees under your supervision is a salaried accounts receivable clerk whose duties include maintaining the accounts receivable ledger and routinely billing customers for aircraft rentals, flight instruction, hangar rental, tie-down rental, fuel and maintenance. Billing is done monthly, and the clerk prefers to work 12–16 hour days for a week to get the bills out, then take several days off to catch up on personal tasks before returning to work to accomplish her other duties. She was one of the company’s first employees when it began doing business 15 years ago. The company has always permitted her to work this way. She has never requested or been offered overtime pay. She states that she much prefers the time off instead of money. Is this an acceptable practice? Explain. Overtime compensation cannot be replaced by paid time off (compensatory of "comp" time). The benefit of overtime compensation under the act is not available to other ("exempt") employees. 10. You are the executive vice president of a major flight training company. There is talk of union organizing among the company’s flight and simulator instructors. The CEO calls a meeting of company executives to discuss the situation. He expresses a feeling of betrayal that they would do this, “after all I’ve done for them,” and the fervent desire to prevent the unionization of these employees. a. One executive recommends the company fire the three instructors they believe to be the leaders of the movement, and then call a meeting with the rest of them and tell them that if they persist in the union organizing effort, they will also be fired and replaced. Is this a good idea? Why? Do you have a better approach to recommend? If so, what? No. The National Labor Relations Act (NLRA) forbids it, which is why. forbids employers from participating in unfair labor practices that the act declares unlawful, such as a) interfering with the rights of employees that the act guarantees, b) treating union members unfairly or discriminating against workers who are pursuing their rights under the act, c) trying to control or obstruct employee unions, and d) refusing to negotiate in good faith with employee representatives. b. Several of the instructors express strong opposition to the union organizing effort. Union proponents tell them that if they know what is good for themselves and their families, they’d better shut up and get on board. They and their children are called derogatory names and receive anonymous threatening letters and phone calls, and their personal vehicles are damaged in the company parking lot. Is this lawful? Explain.

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