...Under the federal Pregnancy Discrimination Act, it is suppose to be against the law to refuse to hire someone because she is pregnant. Such rules like this may be applicable to a work environment like Walmart, because it is a large department store that most positions do not require heavy lifting, just a simple transfer to a less physical department will help a pregnant woman prosper. Yet, in contrast if you were managing a small company like a construction company where exposure to reproductive hazards is great, you would be considered grossly negligent for allowing a pregnant woman to do such a dangerous job, jeopardizing not one life but two. Furthermore, according to the U.S. Department of Labor (1999), even though only a few agents were...
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...submission: Equal Employment Opportunity and Employee Rights Pregnancy Discrimination Act of 1978 According to PCA, the pregnant woman must be allowed to continue working so long as she is able to do her job. Also she should be treated fairly like any other temporary disabled worker if she is unable to do her job temporarily. Absence that is related to pregnancy, the employer is entitled to hold that vacancy for the same period length those other employees on leave get (maternity leave insider.). On health insurance, the employer must cover all expenses emanating from pregnancy related circumstances. All amounts payable to the pregnant woman can face limitations only at the same level as the other amounts payable to other conditions (maternity leave insider.). Benefits relating to pregnancy should be the same in all female employees or else job classification. Pregnant women on leave must be offered the same treatment as any other employee with temporary disability in terms of pay rise, or any other related benefits. U.S. District Judge in Texas Lynn Hughes turned down a Pregnancy Discrimination Act (PDA) case which was filed by Donnica Venters who accessed Houston Funding Company for terminating her because of using a breast pump while at work. The judge ruled that lactation was not childbirth, pregnancy, or a medical related situation (Neil, 2012). Family and Medical Leave Act of 1993 Family and Medical Leave Act (FMLA) of 1993 entitles federal employees to up to 12 free...
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...for a job at the restaurant because she was six months pregnant at the time of interviewing for a job. According to the complaint filed by the EEOC, John Charping a manager at a local Chick-fil-A there in Concord, NC refused to hire Heather Morrison because of her pregnancy. Morrison stated that during the interview she was subjected to answer inappropriate questions about her pregnancy such as how many months she had been pregnant, her plans of childcare when the she delivers the child, and how much maternity leave will she require to take. Morrison stated that she felt the questions were inappropriate, but answered the questions because she wanted the job. According to the complaint, the owner of the restaurant called Morrison three days after the interview and informed her that she was no longer considered for the job and to call back after she delivered the child and childcare was in place ("Chick-Fil-A Faces Pregnancy Discrimination Lawsuit", 2013). The case, Equal Employment Opportunity Commission v. John Charping d/b/a Chick –fil-A at Concord Commons, Civil Action No.1: 13-CV-00535 was filed because of the violation of Title V11 of the Civil Rights Act of 1964 or the Pregnancy Discrimination Act (PDA). This act states that pregnant women must be treated in the same fashion as any other applicant. Employers are forbidden to make inquests to pregnant woman or deny a woman a job based on being pregnant. The case was settled when the restaurant agreed to pay the victim Heather...
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...manages organisations on unfair firings. The EEOC investigates and then legally helps people who think they have been discriminated against while working in organisations. This discrimination can be of many types such as racial, gender, age or even if a person has some sort of disability. From what I have understood after reading the text, Susie Q was hired by a company called as Happy Smile Maxillofacial Surgery during her second day at work she was fired after her bosses found out that she was pregnant. After doing some research I have found that the Civil Act of 1964 is basically a law which stops discrimination of any kind while Title VII of this Act deals with discrimination in the place of work. In 1978 there was an addition to the Civil Act Title VII where discrimination on the basis of pregnancy was also added and this change was called Pregnancy Discrimination Act. So through this change to Civil Act the dismissal of Susie Q can be considered as going against this law. The question regarding if it was legal to fire Susie Q is a tough question because there are two sides to this story with both sides having valid points. Well first of all if we look at this problem from Susie Q and the EEOC’s side then it is illegal to fire Susie Q because she is protected by the Pregnancy Discrimination Act. Also that she applied and got accepted for the job of a receptionist and as a scheduler. This, in my opinion is not a very demanding job and I think that if Susie Q would...
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...FastServ has to lay-off three employees, Brian Carter, Sarah Boyd and Jenny Mills. The lay-off has to be done within the scope of law. FastServ must have justifiable reasons to lay-off the three employees else it could result in employees filing complaints claiming Age discrimination, discrimination against pregnant women and Violation of ADA. Based on the three employees that are going to be laid-off, the following three statutory or case laws are relevant to the situation. The Americans with Disabilities Act 1990 The Age Discrimination in Employment Act 1967 The Pregnancy Discrimination Act 1978 Brian Carter is one of the employees that will be laid-off since his skills and expertise will be redundant with the plug being pulled on the website business. He is an average performer and has attendance issues due to a debilitating injury that is affecting his work. If Brian Carter’s lay-off is because of the change in business plans, then the termination has a proper cause. If FastServ is laying-off Brian because of his injury that is causing his attendance issues, it will be in Violation of Americans with Disabilities Act 1990. Sarah Boyd is 53 years of age and the oldest employee amongst the five employees on the list of lay-off. The reason to lay-off Sarah Boyd is the automation of the Dispatch department which has caused her skills to be redundant. The management is not able to find another position across the company where her skills could be put to use. If a proper...
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...1. Research the Laxton vs. Gap lawsuit -- provide some of the details involved in the case. Mrs. Laxton was working as General Manager at a Stein Mart store when Gap approached her to be the General Manager of a new Old Navy store that was going to be opening soon. Laxton declined the offer at first but then Gap offered her $10,000 more a year than she was making at Stein Mart, so she accepted. Laxton learned she was pregnant after she accepted the offer from Gap. On her first day of work Laxton reported that she was pregnant. Mrs. Jones was upset that Laxton was pregnant and complained that she would have to pull managers from other stores to cover Laxton’s store during a busy holiday season. The store opened successfully and Laxton received bonuses for doing such a good job. Laxton’s first written warning came about a month after the store opened. There was a scheduled power shut off at her store. Laxton was concerned for her employees that would be counting money while the back door would be open for deliveries and with no power the alarm system wouldn’t be working. She was denied a request to close the store a little earlier, but she closed it anyway for safety. Less than a month later Laxton received a final written warning from Gap. In the Final Written Warning, Gap claimed Laxton violated four of the company policies and procedures: exiting the store by the back door, displaying unacceptable behavior toward an employee, Kerri Vallery, over the store's walkie-talkie...
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...Parcel Service, a pregnancy discrimination case the justices will take up on December 3rd. Yet the ideological overlap, while intriguing, is no guarantee that justices will reach consensus. Peggy Young was working part-time as the driver of a delivery truck for UPS when she became pregnant in 2006. Ms Young’s midwife, frowning on the requirement in her job description that she haul 70lb boxes, wrote a note to UPS recommending that “she not lift more than 20 pounds." On this basis, Ms Young requested a few months of a lightened load. Other UPS employees were eligible for such an accommodation, she reasoned, so she wasn’t asking for anything out of the ordinary. Workers who were injured on the job, who were disabled under the terms of the Americans With Disabilities Act, or who lost their driving credentials were all eligible (under the collective-bargaining agreement) for “light duty” assignments. But Carolyn Martin, the company’s occupational health manager, rejected Ms Young’s request. Since pregnancy did not fall into any of the three categories of workers eligible for alternate assignments, UPS would not switch her to a less physically onerous job. Ms Martin "empathise[d] with [Ms Young's] situation and would have loved to help her," but sent her packing on an unpaid leave. The case concentrates on whether the Pregnancy Discrimination Act (PDA), a law passed in 1978 that fortified employment protections for pregnant women under Title VII of the Civil Rights Act, requires companies...
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...Bandage Automotive Case Analysis BUS310-011016 Date: May 27, 2011 Bandage Automotive Case Analysis Given Bandag Auto’s size, and anything else you know about it, explain why and how the human resource management function should be reorganized. Given the size of Bandag Auto in reorganizing its HR function will make for a more efficient company. I suggest the following services be put in place: 1. Transactional HR group which will focus on using centralized call centers and outsourcing arrangements with vendors to provide specialized support in the day-to day- transactional HR activities to the company’s employees. 2. Corporate HR group that focuses on assisting top management in “top-level” big pictures issues such as developing the company’s long-term strategic 3. Embedded HR unit and assigns a HR generalists directly to department like sales and production, to provide the localized human resource management assistance the department needs. 4. Specialized HR consulting firms within the company to provide support in area such as organizational changes. Recommend what Bandag should change and/or improve upon regarding the current HR systems, forms, and practices the company now uses. “In today’s competitive environment, it’s important for all managers to understand they have a role in building, even within their own department, high-performance work systems. A high-performance work system is a set of human resource management policies and practices that promote...
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...No Pregnant Chicks-Fil-A Chris McFarland University of Phoenix Professor Bailey SOC/315 7/21/2014 No Pregnant Chicks-Fil-A A description of the compliance issue that led to the lawsuit and its ramifications for the organization. Heather Morrison, a Charlotte North Carolina resident applied for a position at a local Chick Fil A in her hometown. Heather was 6 months pregnant when she was called into the Chick Fil A store for an interview with the store manager of Chick Fil A. During Heather’s interview the store manager consistently focused on the fact that Heather was pregnant and asked Heather numerous questions in regards to her pregnancy, questions concerning time taken of for the birth of the child and also asked questions concerning child care for her child in regards to interfering with her employment at Chick Fil A. 3 days after the inappropriate interview Heather received a phone call from the Chick Fil A Manager informing her that she would not be getting hired for the position and stated that she should call back after she has the child. Because Heather was discriminated against by the store manager, Heather filed a lawsuit against Chick Fil A for discriminating against her because she was pregnant. This has not only tarnished Chick Fil A’s image but they were forced to pay Heather $10,000 and undergo much scrutiny from the media and EEOC and also undergo annual training in regards to hiring practices and specifically the hiring or pregnant females...
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...employees in the healthcare field is very important. Not only illegal drugs but also prescription narcotic drugs. Being that healthcare workers often have easy access to different types of medication; there should be random testing of employees for these drugs also. As far as alcohol; even though it is legal to drink when over the age of 21; most companies have a policy in place concerning alcohol consumption. In my opinion a very important law that relates to healthcare is the Pregnancy Discrimination Act of 1978. This law protects pregnant employees from being discriminated against due to being pregnant. The law requires employers to treat pregnant women the same as any body else who has a health condition. Meaning if an employer allows an employee to take sick time due to having a stomach flu or feeling nauseated, then the employer must allow a pregnant woman to take sick time if they have morning illness. It also prevents employers from forming or providing a health care plan that doesn't cover pregnancy. This law is in existence because there have been documented cases of employers discriminating against pregnant women. In some cases pregnant women have been demoted and even laid off when their OB/GYN's told them to perform only light duty tasks at work. These days the law protects women from being demoted or laid off because their OB/GYN's place them on light duty. It also affects employment practices because an employer can't not hire a pregnant women. A pregnant...
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...(Evans, n.d.) If they earn anymore they are considered big business. To be considered a small business it must have less than 15 employees. A small business, by contrast, typically encourages employees to take risks, innovate and even circumvent management-established policies to find new ways of increasing efficiency. (Evans, n.d.) Small businesses unlike big businesses have a single owner usually. Small businesses must be operated for profit, according to the SBA, and may not pursue non-profit status. (Evans, n.d.) The laws of EEOC for all the businesses, small or big business include; Title VII of the Civil Rights of 1964, Pregnancy Discrimination Act, The Equal Pay Act of 1963 (EPA), The Age Discrimination in Employment Act of 1967 (ADEA), Title 1 of the Americans with Disabilities Act of 1990 (ADA), and Sections 501 and 505 of the Rehabilitation Act of 1973. Title VII of the Civil Rights of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex. (U.S. EEOC, n.d.) In EEOC vs EMS Innovations violated the Title VII by subjecting is female employees to sexual harassment by making constant sexual advances, arranging for adjoining hotel rooms on business trips and trying to...
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...“professionals.” Professional employees are exempt from getting paid overtime. Pharmacists are not professionals, because most doctors know what medicine does what as well. The court would have ruled in favor of the employees. Chapter 43 – 6-7 6. The two parties involved were Machinchick and PB Power, Incorporated. Machinchick worked for PB Power for six years. Eventually, Machinchick got a new supervisor and the company adopted a new management approach. The new supervisor stated his plan to “hand-pick employees whose mindset resides in the 21st century.” Machinchick was eventually fired and he fired PB Power, alleging it had violated the Age Discrimination in Employment Act. The appellate court would rule in favor of Machinchick because he was over the age of 40, so he is protected under ADEA. Machinchick did prove discrimination because he belonged to the protected class, was qualified for the position held, and...
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...in detail) Title VII of the Civil Rights Act of 1964 • Title VII exemptions o RACE, COLOR, NATIONAL ORGIN, RELIGION, SEX o Guarenteed consideration for jobs on the BASIS OF ABILITIES AND TALENTS necessary to perform a job. o Created EEOC to ensure employers, employment agancies, and labor organization comply with Title VII • Bona fide occupational qualifications (BFOQs) o Reasonably necessary to the normal operations • Seniority systems ➢ Permitted if not a result of past discrimination ➢ May not protect LESS SENIOR MINORITIES at expenses of more senior majority • Preemployment inquiries o OK IF JOB RELATED (VALID) o Required for EEOC Reporting • Testing o OK IF JOB RELATED o All selection devices NOT JUST “TEST” • Preferential treatment o Title VII allows, but DOES NOT REQUIRE preferential treatment (a plus factor) o Quotas are ILLEGAL o Reverse discrimination is ILLEGAL • National security o Discrimination is permitted when deemed to protect national security. Age Discrimination in Employment Act of 1967 (ADEA), as amended in 1986 • Prohibits discrimination for employees of the age 40 and over unless it’s a BFOQ • Prevents financially troubled companies singling out older employees for cutbacks • Older workers can waive their rights to sue under this law Americans with Disabilities Act of 1990 (ADA) and ADAAA of 2008 • Sexual...
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...The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support from the federal government. It also gave the Justice Department legal power to desegregate public facilities, including swimming pools, parks and libraries and is comprised of 21 titles. It prohibits discrimination on the basis of race, color, religion, and national origin, (La Prensa, 1997). In our module reading 75% of Heartland Corners white population has completed high school while only...
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...Labor and Employment Law Western Governors University LIT1 310.1.5-02,11,13 February 6, 2012 Course Mentor: Quinn Hanamaikai Task A: Evaluation of the Family and Medical Leave Act of 1993 as applied to situation A. A1? Has a violation occurred in situation A? To qualify for The Family and Medical Leave Act (FMLA), an employee or family member must suffer from an illness which is a chronic condition, a long term condition, hospitalization, a condition that requires ongoing treatment or have a pregnancy, parental complications or the adoption of a child. There are also many restrictions to qualify for FMLA. The employee in situation A has worked for the company for two years which meets the 12 month/1,250 hours worked in previous year requirement. As the employee’s spouse recently gave birth to twins, he is eligible for FMLA leave of 12 weeks under the Parental leave requirements. Both women and men can take parental leave under FMLA leave after the birth of a child. Any time within the first year after the child is born FMLA leave can be taken. Smaller companies are not required to give FMLA leave to their employees as it would be an undue strain. As Employee A had his FMLA leave request approved the company complied with FMLA as it has more than 50 employees within 75 miles of the workplace. Employee A has asked to return to work after 11 weeks of being on leave, and, and he is requesting to be compensated with pay for the 11 weeks that was withheld during his...
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