Essay on Lit1 Task 2

832 Words Mar 20th, 2013 4 Pages
LUT1 Task 2

Situation A:

In 1993, the FMLA act, which serves the needs of families trying to balance work life and the needs of the families their working for, was established. This act was amended on October 8th, 2009 to extend entitlement rights of military caregivers.

The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.

· for the birth and care of a newborn child of the employee;
· for placement with the employee of a son or daughter for adoption or
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According to the Age Discrimination in Employment Act (ADEA) of 1967, the act applies to employers with 20 or more employees, which this scenario does not clarify. Based on my experience with employers, companies of fewer than 20 employees generally do not have annual performance reviews so in my conclusion I would say there has been an enforceable violation of the Age Discrimination in Employment Act.

Employee B, in accordance with the Older Workers Benefit Protection Act (OWBPA), has been violated with age discrimination due to the fact that his performance review was rated at an “above average” in comparison to the 32 year old that had his annual review rated at “adequate.” The (OWBPA) was an amendment to the (ADEA) in 1990, specifically drafted to ensure that fair treatment and labor rights are afforded to any employee over the age of 40.

At this point, Employee B has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may ask Employee B to settle through mediation and in the event that mediation cannot settle the claim, it is then the responsibility of the EEOC to investigate any claims made by employees, report findings and settle any charges. In some cases, the EEOC will file lawsuits to protect individual rights.

Situation C:

The Americans with Disabilities Act of 1990 established a standard to “public accommodations” requiring businesses to make “reasonable modifications” to the usual

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