Legal Issues in Business Organizations Task 1
Zachary Christenson
Western Governors University
000447824

Family and Medical Leave Act Situation The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007). A covered employee of a
The law also protects whistleblowers and prevents companies and agencies from discriminating against the people who oppose practices deemed unlawful by the ADEA ("Age Discrimination in employment act of 1967," 2011). Finally, employment agencies are not allowed to refuse services or discriminate on the basis of age ("Age discrimination: What employers need to know," 2006). These important two lines in the ADEA allow older individuals to seek work without judgement. In situation B, employee B, an older and well tenured employee, is competing against a younger and newer worker for the same job. In a recent job review it is stated that employee B performs above average work. The newer worker is rated as adequate. When the promotion is made, the newer employee wins the job. Employee B was not given the job due to his age. The ADEA does not allow companies that have at least twenty employees to discriminate against any person due to age for hiring or promotions. Employee B works for a company that is covered under the ADEA. Because of the recent performance review, it can be summarized that employee B was more qualified for the position. Employee B was doing better work than the younger employee and had been with the company