Analysis of Labor and Employment Law Essay

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One of the key provisions of the Family Medical Leave Act is that, in general, the employer is not responsible for the cost of the employee leaving, in terms of pay. While an “employee may elect, or an employer may require the employee to substitute any of the accord paid vacation leave, personal leave, or medical or sick leave” (Family and Medical Leave Act of 1993, § 102, 2006), the employer is otherwise not obligated to pay the employee straight pay, as the leave is considered, as stated under sub-section C of Section 102 of the FMLA to be “unpaid leave.” It’s important to distinguish then, in the given situation, if the employee intends to, or if the employer requires, that the employee use any pools of benefit time, such as…show more content…
It’s important to note that the given situation specifically states that Employee B was denied a promotion, which is a violation as defined under Section 4 of the Age Discrimination in Employment Act, which states, “it shall be unlawful for an employer to limit in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age (The Age Discrimination in Employment Act of 1967, § 4, 1967). There could be an argument in the employer’s favor of the action if the employee that was promoted were 40 years old or older, however, since the promoted employee was only 32 years old, this proves that a violation occurred, as the promoted employee is not also protected under the Age Discrimination in Employment Act.
Situation C.
When reviewing Situation C it’s important to clearly understand, in the context of the Americans with Disabilities Act, both the intention of the Act as well as the definitions of both “undue hardship” and “reasonable accommodation.” The Americans with Disabilities Act provides interesting context in Section 12101, in which it discusses that, in general, it’s important that a person with a disability, or perceived to have a disability, be protected and not precluded, and that these protections be “broad in scope” and “a disability under
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