My female work colleague who is a single mother of one recently was embroiled in a tussle with the company’s management, she was pregnant and therefore entitled to a paid maternity leave in order to deliver and nurse the new born. However, the company claimed that its policies only recognized legally married ladies as the only eligible persons for paid maternity leaves and that single mothers could be given an unpaid maternity leave.
This kind of discrimination has been prevalent in far many work places in U. S especially bearing in mind women’s with children form a great percentage of the U. S work force and therefore it has occasioned the enactment of the U. S Pregnancy Discrimination Act. The colleague consulted both the local Garment Workers Union and the U. S Equal Employment Opportunities Commission (EEOC) branch for legal assistance. Based on the U.
S Pregnancy Discrimination Act of 1978 whose subsection (k) provides that “because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. ” Under the act the colleague was entitled to a paid maternity leave and therefore EEOC filed a lawsuit in the state court, the court ruled that the company pay the colleague her benefits and other damages.
[Federal Labor Laws, 1964] III The company I work for recently embarked on a recruitment exercise to boost its production volume due to increased orders coming from overseas customers, the recruitment targeted machine operators of various apparels machines. My aunt who by then was 41 years old with a ten years working experience in apparel industries was denied a vacancy on the basis that she was too old to satisfactorily perform as per the company’s expectations. She consulted the local Garment Workers Union office where she was guided into launching a complaint with the EEOC for legal advice.
As a result the EEOC filed a case in the local district court whose judge found the company to have intentionally contravened the Age discrimination in Employment Act (ADEA) of 1967, and therefore it was ruled that the company pays my aunt damages. According to ADEA the rights of employees whose age exceeds 40 years are protected from any form of discrimination whether in job hiring, promotions, wages, retiring, or even firing/layoffs. However, the act makes some reservations on age limit; for instance in circumstances whereby age has been indicated to a “bona fide occupational qualifications (BFOQs)” e.
g. a younger person may be preferred over the old in instances when it is necessary to play as younger character in a movie. [Federal Labor Laws, 1964] IV A new colleague in my work place who had barely worked for six months when his wife was admitted in hospital following a road accident that resulted in a multiple fracture of her left leg, upon discharge from the hospital the wife needed a personalized assistance at home and therefore the colleague applied for a leave to go and offer her the necessary care.
The company granted him a three month unpaid leave, however, on completion of the leave the company refused to restore him in his previous work duties and on top of that his salary was reduced. As a result of this the colleague complained to the companies management but he was taught that he could not be restored in his previous position simply because the position was filled when he was on leave and that if he was not willing to take the position offered he was free to leave the company.
He therefore consulted the local Garment Workers Union office whereby he was advised to file a formal complaint with the local EEOC branch office for investigation of the matter. Upon investigation enough grounds were found to file a lawsuit in the local district court. Based on the Family and Medical Leave Act of 1993 that provides that employees can be given up to twelve work weeks of unpaid, job-protected leave for reasons that may include; caring for a new born baby whether adopted or placed into foster care; caring for a child, spouse or parent with serious health condition or; for one’s own serious health condition.
The act further provides that a worker should be restored to the same position upon return to work and that his/her benefits are protected while on leave. However, the act covers those employees who work for employers with more than 50 employees within a 75 mile radius, and that the employees must have worked for the company for at least 12 months and 1,250 hours in the preceding 12 months. [Federal Labor Laws, 1964] In accordance with the act the judge ruled in favor of the company, due to the fact the colleague had not worked for the company for a period exceeding 12 months, he was barely six month old when he sought the leave.
Conclusion Title VII of the Civil Rights Act refers to an employee as anybody employed by the employer, although the term does not refer to persons elected to public office, or any person chosen by an officer to be on such officer’s personal staff, or an appointee on the policy making level, or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. Therefore contracted workers are referred to as employees while company’s agents are not employees of the company.
[Title VII of Civil Rights Act of 1964] All the above described employment situations resulted into legal confrontation between the employers verses EEOC and workers union acting behalf the employees. They were therefore made possible because of the two bodies interventions i. e. EEOC and workers union. If the workers had ventured on their own they could have maybe suffered legal and financial problems due to them being legally misinformed and financially disadvantaged.
Title VII of Civil Rights Act of 1964, available at; http://www. eeoc. gov/policy/vii. html, accessed on January 10, 2009 The U. S Equal Employment Opportunity, available at; http://jobsearchtech. about. com/od/labor_laws_2/Federal_Labor_and_Employment_Laws. htm, accessed on January 10, 2009 Civil Rights Act of 1964, available at; http://www. spartcus. schoolnet. couk/, accessed on January 10, 2009 Federal Labor Laws, available at; http://www. finduslaw. com/, accessed on January 10, 2009