|Type of paper:||Questions & Answers|
|Categories:||Human resources Employment law|
Lake City Bank prefers younger employees for its management training program and limits its recruiting to college job fairs. Does this practice violate federal law prohibiting age-based discrimination in employment?
In all workplaces, human resources managers are responsible for maintaining effective management to workers to have a productive environment, precisely in recruitment basis. The Federal and State HR laws are more than the functions made by the human resource. This is mainly because they protect the rights of the employees as established by the employers towards their obligations. Therefore like any other institution, the Lake City Bank is also guided by the anti-discriminatory laws as stipulated by the Federal and State HR laws (Ahlemann, 2009). The bank is a sensitive place which demands activities of recruitment, dismissal, and terms of condition from the institution to be in anti-discriminatory practices. There are various types of unfair acts from that can be spotted in banks and other related institutions. Further age discrimination in employment is also different in distinguished dynamics. In the case of Lake City Bank, they prefer younger employees for management training in an extent of shifting the recruitment to college job affairs (Lake City Bank Promotes Mary A. Brown to Assistant Vice President, Recruiting Officer | Lake City Bank | Northern and Central Indiana., 2019).
Age discrimination is an act that varies from different nations and states, most significantly stated by the Age Discrimination in Employment Act in Federal and State HR laws (Krops, 1981), age-discrimination is forbidden for the persons aged 40 years and above. The rules apply to institutions with more than 20 employees, and Lake City Bank has quite a large number of employers having the number of directors being more than twenty (Ahlemann, 2009). The discrimination is said to happen when both parties are both 40 years of age or older than that. On February 2010, reasonable factors other than age-based discrimination in employment were made. It further stated that employment practices have a disparate impact. Therefore RFOA is mainly for an affirmative defense. The bank is seeking expertise in the training program, and there is nothing mentioned on age limit but expertise level.
ACME Products is trying to reduce costs of its management-level employees. Can ACME replace a 50-year-old manager with another 50-year-old manager who makes a lower salary without violating federal law?
ACME wishes to improve the cost of management in their pharmaceutical products. They are doing this to make sure that they anticipate a positive future in the sales of the products. It is strategic management on the management of the company, and therefore the human resource managers have an excellent task in making sure that everything is in order alongside adhering to the rules and terms as provided by the federal laws. In their plans to replace, a 50-year-old manager to another 50 years old manager is an at of violation of the federal regulations. The company can be in danger for the breach; the misconduct can affect the organizational roots and affects there activities from the court fines.
However, the company can replace the manager who makes a lower salary with another productive manager through some steps. The Human Resource Management team can replace the manager through the manager is mentally and medically affected to perform their tasks. In other words, the manager can file a petition through lawyers in Indiana state under ADEA guidelines. The company can only use the board of directors to address the issue to the incompetent manager but not an immediate replacement (Schuck, 1979).
Rylie is a 35-year-old female with 15 years of warehousing experience. Rylie applied for a warehouse manager position with ACME Products. Among other duties, the warehouse manager is the only warehouse employee authorized to operate a forklift throughout the massive warehouse. The warehouse handles expensive electronic equipment, and only managers are permitted to drive forklifts for safety and security reasons. Due to a genetic defect, Rylie has no use of her left arm and is legally blind, although she can see things held close to her face. Rylie was not hired for the warehouse manager position even though she had more warehousing experience than the other two candidates, who were both former coworkers. Rylie believes she was passed over for the position because of unlawful discrimination in violation of the Americans with Disabilities Act. Assuming Rylie's condition was a disability under the ADA, meaning a condition that substantially impairs one or more major life activities, what else would Rylie have to do show to prevail on her ADA complaint? Based on the facts presented, what would be the likely outcome of her ADA complaint?
The American with Disability Acts of 1990, protects the individual who is disabled but has experience and legally qualified for a task. Rylie case is also associated in the category since ADA deals with recruitment, hiring, training, and promotions and other employment-related claims. Rylie is regarded as legally blind. Therefore, she is entitled to ADA protection, and she believes that she was passed over regarding the post due to the existence of a disability. She is qualified for the job and has been doing it for 15 6ears; therefore, she is competent and capable of handling fork lifting in the warehouse. Besides being legally blind, she can be protected through a complaint to the Equal Employment Opportunity Community (EEOC).
Rylie would contact the EEOC to be given time limit, which is expected to be less than 300 days to file a charge against the company that discriminated her (Hindera, 1993). The main idea as providing d by the ADA is to bring back the position that the complainant wanted if discrimination did not occur. Rylie can still use the laws provided by the state she comes from if they also regard perception of disability. EEOC protects people based on ADA rules and term of condition; the body will refer Rylie to the agencies that are related to such law enforcement (Hindera, 1993). The EEOC team also provides assistance ion the disputes that may arise on the ADA requirements (Hindera, 1993). Most probably with the evidence of the experience and capability having beaten two candidates, there is discrimination and Rylie can secure her post.
What records regarding employees are employers required to keep and make available to the Equal Employment Opportunity Commission (EEOC)?
EEOC makes enforcement of federal laws, and the body was formed by the Civil Rights acts as a body government federal (Hindera, 1993). The collection expresses the employees amd companies CEO to take the relevant information about the people working in their premises or institutions and other guidelines that cover the institutions. It does all that to make sure that laws are well by employees so that employes can have a clear representation of whatever they are taking to the court (Schuck, 1979). Like seen earlier, the EEOC should be having the information about the employees who do ar physically disabled but have experiences and professional in their parts. This will happen to the employees who are early working in the company, but not the recruits.
Besides, the EEOC receives details of the position that the employees have taken or intended to take from the workplace (Hindera, 1993). The boards also collect information on what basis and circumstances a promotion will be considered to employees. The other information ni about the employees' age and not about the race religion or the community they come from. Age will become e essential because of the retirement period in case problems arises and age discrimination from the members of the work stations (Hindera, 1993). The employers must provide the information about the position such that employers can give the party assigned to those positions. This ensures that the employees can work in a place that they receive equal pay without pay discriminations.
Anchor Industries is a privately operated factory in Illinois. Anchor is uncertain whether or not its warehouse positions are considered a hazardous occupation in terms of employing individuals under 18 years of age. From what agency would Anchor seek guidance?
The warehouse is a sensitive place to work in since it includes fork lifting, moving heavy items and assembling some of these items. Therefore it is an area that requires people with experience to handle the tasks. Being under the age of `18 does not mean that an individual is not qualified for a job. However, the federal laws and the State of HRM prohibit the recruitment and employment of people under the age of 18 to dangerous places. Fair Labor Standards Act (FLSA), is the body that is used to enforcing such laws and make sure that they are well interpreted in case of accidents. Under-18 (minor age ) can still work in some works stations, but in some less hazardous activities, this is the reason as to why 16 or 17 years old can own shop and manage the activities expected. Some companies might end up discriminating under-age people on the jobs they can handle and which are aimed at raising their stands, which is another form of discrimination.
In the warehouse there are a lot of dangerous activities that can happen to anyone, keeping in mind that 18 does not have some legal entities expected by the government (Madans, Loeb, & Altman, 2011), then it is also hard to be covered by insurance. In other dimension employing minor age in the warehouse can be considered as child labor. FLSA came up with the guidelines expected by the youth to work in some places. FLSA body and the Federal youths employment laws and regulations act made at the 29CFR- Part 570 has the information about the expected hours and occupation for the minor age. Children under the made of 14 were supposed to cover agricultural tasks and other tasks (small chores) which are not mentioned by the body. Children who are in the age of 14-15 can be employed in fewer hours or unlimited hours of tasks after schools. The third categories the children in the ages of 16-17, the boards states that they can work in countless hours and less dangerous place. The less perilous place does not include the warehouse.
Tom works full time for ACME Products. Tom requests six weeks leave under the Family Medical Leave Act to take care of a child with a serious health problem. What additional facts do you have to know about Tom and about ACME to determine if Tom is eligible for FMLA leave?
Accidents and other types of emergency can happen to anybody no matter what places they work or how sensitive it is. Tom is requesting six weeks of leave from the workplace, and he works with ACME products (Payne, 1993). ACME field will keep keeping changing time to time, and therefore the time will be coming from the leave there will be much changes in the company and the products found. Most people working in Acme Corporation do not have much time to attend to their families and other personal issues. The fictional corporation company includes outlandish products that can be used in an emergency, for instance in the catastrophic times the explosive tennis ball used by the roadrunner. Tom's family is in danger, and therefore he needs to attend to the family and make sure that the children are fine.
The current enacted family and medical leave act engage the employers to provide up to 12 weeks to attended family issues, and the leave is unpaid (Forastieri, 2002). However, tom can get the FMLA to leave if he had worked for the company for 1250 hours in one year. He can also take the leave in the following given situations.
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