Lit Task 1 (Lit1 310.1.5-02, 11, 13)

Luke Andrews

ID: 000498826

A

There has been no violation of the Family and Medical Leave Act of 1993(FMLA) in situation A. The FMLA states that an eligible employee is entitled to 12 workweeks of leave in a 12 month period for the birth and care of a newborn. Employee A does meet the requirements for leave that is protected by the Family and Medical Leave Act of 1993. The requirements for employee A to qualify for FMLA leave are that he has worked for the employee for at least 12 months, since employee A has been employed by Company X for 2 years he qualifies for the maximum of 12 weeks of leave. Since employee A has only taken 11 weeks of leave, according to the U.S. Department of Labor fact sheet #28, when employee A comes back from FMLA leave he must be either have his original job, or a comparable job with equal pay and benefits. Which is all he is entitled to; he is not entitled to the 11 weeks of withheld salary according to FMLA. All the employee A is covered by according to FMLA is the 11 weeks of leave and not the 11 weeks of pay therefore the new manager is abiding by the FMLA and there is no violation is Situation A.

B

There has been a violation of the Age Discrimination in Employment Act of 1967(ADEA) in situation B. ADEA serves to protect people who are at least 40 years old from employment discrimination based on age. Under the ADA the protection of rights covers both employees and job applicants. It is unlawful under the ADEA, to discriminate against a person because of their age in regards to hiring, firing, promotions, getting a raise or take a wage cut, and privilege of employment. (Facts About Age Discrimination, 2015). Since Employee B is 68 years old more than qualified for the promotion and was denied the promotion, and was given to a younger college, since this decision was solely based on age this situation is in violation of the ADEA.

C

There has been a violation in the Age Discrimination in Employment Act of 1967 in...