Labor and Employment Law

| March 25, 2014

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SUBDOMAIN 310.1 – BUSINESS LAW
Competency 310.1.5: Labor and Employment Law – The graduate can determine
whether business activities in a given situation violate specific labor and employment laws.
Objective 310.1.5-02: Evaluate a given situation to determine how the provisions of the
Family and Medical Leave Act of 1993 would apply.
Objective 310.1.5-11: Analyze a given situation to determine whether a violation of the
Age Discrimination in Employment Act of 1967 has occurred.
Objective 310.1.5-13: Analyze a given situation to determine whether there has been a
violation of the Americans with Disabilities Act of 1990.
Introduction:
Human resource departments are responsible for effectively, legally, fairly, and consistently
attempting to maximize an organization’s return on its human capital investment while
minimizing financial risk.
Given:
As director of human resources at Company X, a company with over 75 employees, you are
charged with oversight of hiring and employment practices at the company, including
compliance with federal regulations against discrimination in hiring and employment. You
work with department managers to assist them in dealing with hiring and employment
issues, and to ensure they are in compliance with pertinent federal law regarding the
treatment of employees.
Three situations have come to the attention of the company’s senior vice-president of
operations, who has asked you to analyze each situation, and submit a report regarding
whether certain federal acts may apply, or may have been violated, in each situation. The
situations are as follows:
Situation A. Employee A has been with Company X for two years. Employee A’s spouse
gave birth prematurely to twins. He requested leave to be with his spouse, which was
granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and
to be paid the withheld salary from his 11-week leave. The previous department manager
left the company during Employee A’s leave. The new manager has agreed to Employee A’s
return to the previous job, at the previous rate of pay. But the manager has denied the
request for the 11 weeks of withheld salary.
Situation B. Employee B is 68 years old and has been with Company X for 42 years. During
the annual performance review last month, it was determined that Employee B was doing
“above average” work in the department. Employee B was denied a promotion due to age. A
co-worker given the promotion, who is 32 years old, received a performance review of
“adequate.”
Situation C. Applicant C requires the use of a wheelchair to move about due to paralysis of
both legs. The position Applicant C applied for requires movement about the entire company
offices, including using the elevator to access any of the seven floors in the headquarters
building. In order for Applicant C to make use of the elevators, the key pads in two of the
four elevator cars would have to be lowered four inches to be accessible. Applicant C was
denied employment, and was told the denial was because his/her employment would cause undue hardship on Company X.
Task:
Write an essay (suggested length of 4–5 pages) in which you:
A. Evaluate how the provisions of the Family and Medical Leave Act of 1993 apply to
situation A.
1. Explain whether or not a violation has occurred in situation A.
B. Analyze situation B regarding the Age Discrimination in Employment Act of 1967.
1. Explain whether or not a violation has occurred in situation B.
C. Analyze situation C regarding the Americans with Disabilities Act of 1990.
1. Explain whether or not a violation has occurred in situation C.
D. When you use sources, include all in-text citations and references in APA format.
Note: For definitions of terms commonly used in the rubric, see the attached Rubric Terms.
Note: When using sources to support ideas and elements in a paper or project, the
submission MUST include APA formatted in-text citations with a corresponding reference list
for any direct quotes or paraphrasing. It is not necessary to list sources that were consulted
if they have not been quoted or paraphrased in the text of the paper or project.
Note: No more than a combined total of 30% of a submission can be directly quoted or
closely paraphrased from sources, even if cited correctly. For tips on using APA style, please
refer to the APA Handout web link included in the General Instructions section.
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Category: Commercial Law

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