FMLA: Labor and Employment Law Essay

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The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.

All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).

In some instances, regarding benefits, employers may have some discretion under the ADEA. For example, in deference to the fact that the costs of providing benefits to older workers are often greater than for younger workers, the Older Workers Benefit Protection Act of 1990 (OWBPA) specifically prohibits employers from denying benefits to older employees but allows employers in "limited circumstances" to reduce benefits based on age, so long "as the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers" (Facts about age discrimination, 2008, EEOC). While the company could offer fewer benefits to Employee B. than he might otherwise get, based upon his seniority, they would have to be comparable to that of a younger worker. However, he cannot be denied the promotion altogether.

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Also, from a public relations standpoint, it is disastrous for the company to engage in such a blatant act of discrimination against older workers.

Situation C

According to the Americans with Disabilities Act, when "determining whether an accommodation would impose an undue hardship on a covered entity" factors to be considered include, "the nature and cost of the accommodation," the financial resources of the employer, and the type of operations and facility involved that must be modified to accommodate the person with the disability (ADA, 2010, EEOC). However, although it is arguable that to reconfigure the elevator system would place an undue burden upon the facility, it is still illegal to discriminate against Applicant C. under the ADA. The ADA also reads that "denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant" is illegal (ADA, 2010, EEOC)..

In other words, Company X must objectively evaluate all candidates for employment for the position. Then, if the individual who requires the accommodation is selected they must explain that the modifications they must make would place undue hardship upon their organization. They cannot deny Applicant C. employment because of the need to make an accommodation. This gives the applicant an opportunity to perhaps find an alternative solution that would enable him or her to fulfill his or her duties without placing a financial burden upon the organization, or to show how modifying the elevators would not.....

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