WGU SUBDOMAIN 310.1 – BUSINESS LAW

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Essay:

A. Family and Medical Leave Act of 1993

1. Major Provisions:

• Eligibility: The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the birth or adoption of a child, caring for a family member with a serious health condition, or the employee’s own serious health condition.
• Job Protection: Employers are required to maintain the employee’s health benefits during the leave period and ensure that the employee is reinstated to the same or an equivalent position upon return from leave.
• Notice and Certification: Employees are required to provide notice of their need for leave and may be required to provide medical certification to support their request.

1. Application to Situation A:
   In Situation A, Employee A requested leave to care for his spouse who gave birth prematurely to twins. This situation aligns with one of the qualifying reasons under the FMLA – caring for a family member with a serious health condition (the spouse and premature twins). Since Employee A has been with Company X for two years, he likely meets the eligibility criteria for FMLA leave.
2. Violation Analysis:
   The new manager has agreed to Employee A’s return to the previous job, which suggests compliance with the FMLA’s job protection provision. However, denying the request for the withheld salary from his 11-week leave might constitute a violation of the FMLA. The FMLA mandates that employees on qualified leave must be restored to the same or an equivalent position with equivalent pay and benefits upon return from leave. Therefore, withholding the salary for the leave period may violate the FMLA.

B. Age Discrimination in Employment Act of 1967

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1. Major Provisions:

• Prohibition of Discrimination: The ADEA prohibits employers from discriminating against employees or job applicants who are 40 years of age or older based on their age.
• Equal Employment Opportunities: Employers are prohibited from using age as a basis for making decisions related to hiring, promotion, compensation, or terms and conditions of employment.
• Retaliation Protection: The ADEA also prohibits retaliation against individuals who oppose age discrimination or participate in ADEA-related proceedings.

1. Application to Situation B:
   In Situation B, Employee B, who is 68 years old and has been with Company X for 42 years, was denied a promotion based on their age. This action directly violates the ADEA, which prohibits discrimination against individuals aged 40 or older in employment decisions, including promotions.
2. Violation Analysis:
   Denying Employee B a promotion solely based on their age constitutes a violation of the ADEA. The fact that a younger co-worker received the promotion despite a lower performance review suggests discriminatory practices based on age.

C. Americans with Disabilities Act of 1990

1. Major Provisions:

• Prohibition of Discrimination: The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, and public accommodations.
• Reasonable Accommodations: Employers are required to provide reasonable accommodations to qualified individuals with disabilities to enable them to perform essential job functions, unless doing so would cause undue hardship to the employer.
• Accessibility Requirements: The ADA mandates accessibility standards for buildings and facilities to ensure equal access for individuals with disabilities.

1. Application to Situation C:
   In Situation C, Applicant C requires the use of a wheelchair due to paralysis of both legs. The position applied for requires movement throughout the company offices, including using the elevator to access different floors. Adjusting the elevator key pads to accommodate Applicant C’s wheelchair use constitutes a reasonable accommodation under the ADA.
2. Violation Analysis:
   Denying employment to Applicant C based on the perceived inconvenience or cost of making the necessary accommodations would likely constitute a violation of the ADA. The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, and adjusting the elevator key pads to enable access is a reasonable accommodation. Unless the adjustment would cause undue hardship to the company, denying employment to Applicant C solely based on the need for accommodation would be discriminatory and in violation of the ADA.

In conclusion, situations A, B, and C all potentially involve violations of federal acts designed to protect employees’ rights and prevent discrimination. Proper adherence to the Family and Medical Leave Act, Age Discrimination in Employment Act, and Americans with Disabilities Act is essential for maintaining fair and lawful employment practices within Company X and ensuring the well-being and rights of its employees and applicants.

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