Monique Suzette Smith
Student I.D. 000308573
Western Governors University
LIT1: Task 310.1.5-02, 11, 13
In this given situation the Employee’s FMLA right was satisfied when he was granted the leave. The Employee met all requirements to be granted leave because he was with a company that had over 50 employees for over 2 years. The 2 years that customer worked satisfied the requirement of working a total of 12 months before leave can be granted. Also, since the Employee’s leave was for birth care that was a valid reason for asking for the leave.
Situation A Violation:
All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.…show more content… My reason for saying that is there is really no indication as to how qualified the applicant was for the actual job. A question that immediately came in to my mind was if the applicant was a good fit for the job? If she did not need the modifications in the office would she be hired? Were there more qualified applicants? I know this scenario was put in place to display and make us students analyze the Americans with Disabilities Act of 1990 but personally just because you have a disability does not mean you should be granted a job and vice versa. Honestly this is a very broad scenario that focuses on the handicap and not the actual talents of the person.
Situation C: Violation
Unfortunately, this company has violated the Americans with Disabilities Act of 1990 due to the fact that they advised the applicant that they could not make the necessary adjustments to accommodate her needs. The American with Disabilities Act of 1990 does require that companies make necessary adjustments to accommodate the needs of qualified applicants. The key words to me are qualified applicants. They did use the words undue hardship in their response for denial but they would have to prove that modifying 2 elevators is actually a hardship to their company. Now, if they can prove that there may be no violation but the proof of burden is on them. Also, they may also say that the applicant is