Legal Issues in Reduction of Workforce

July 2007

Legal Issues in Reduction of Workforce

Candidates Key Concepts of employment law

Brian Carter Discrimination based on disabilities: The Americans with Disabilities Act prohibits employer discrimination against job applicants or employees based on whether the employee had a disability in the past or whether the employee has any disabilities or is being regarded as having a disability. Physical and mental impairment includes physical disorders or conditions, disease, disfigurement, amputation affecting a vital body system, psychological disorders, mental retardation, mental illness, and learning disabilities. Major life activities include the ability to perform manual tasks such as to walk, see, hear, speak, learn, breathe, care for oneself, or work. (Reed, Shedd, Morehead, corley-2004 p 464)

Sarah Boyd Discrimination on the basis of age: Neither the Civil Rights Act nor the Equal Employment Opportunity Act forbids discrimination based on age. However, the Age Discrimination in Employment Act does. It prohibits employment discrimination against employees’ ages 40 and older, and the mandatory retirement of these employees. The ADEA also invalidates retirement plans and labor contracts that violate the act. (Reed, Shedd, Morehead, corley-2004 p.462)

Carl Haimes Sexual Harassment: Hostile work environment is a sexual harassment, where coworkers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. (Reed, Shedd, Morehead, corley-2004 p.452)

Nora Manson The Civil Rights Act: Title VII prohibits discriminatory employment practices based on race or color that involve recruiting, hiring, and promotion of employees. (Reed, Shedd, Morehead, corley-2004 p.449)

Jenny Mills The Pregnancy Discrimination Act amended the Civil Rights Act in 1978. Under it, employers can no longer discriminate against women workers who become pregnant or give birth. Thus, employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered. The law covers unmarried as well as married pregnant women. It also states that an employer cannot force a pregnant woman to stop working until her baby is born, provided she is still capable of performing her duties properly. The employer cannot specify how long a leave of absence must be taken after childbirth. (Reed, Shedd, Morehead, corley-2004 p.455)

There are some extenuating regulatory circumstances that would affect the decision to terminate the people in the simulation. Any employee is covered by the employee- at -will doctrine except contract employees. For example, Brian Carter who has suffered a severe pain in his right wrist and has been diagnosed with carpal tunnel syndrome due to excessive strain on the wrist, would be protected by the Americans with Disabilities Act, This act prohibits employer discrimination against job applicants or employees based on: (1) their having a disability, (2) their having had a disability in the past or (3) their being regarded as having a disability.

The Age Discrimination in Employment Act protects Sarah Boyd, who has been with the company for 15 years and is at the age of 53 years old. It prohibits employment discrimination against employees, ages 40 and older, and it prohibits the mandatory retirement of these employees. (Reed, Shedd, Morehead, Corley-2004 p.462)

Also, Carl Haimes, who was humiliated by a few of his colleagues making some very rude remarks about his sexual orientation, is well- protected by sexual harassment provisions of Civil Rights Act. The act makes illegal discharge based on sex origin. (Reed, Shedd, Morehead, corley-2004 p.452)

The Civil Rights Act, Title VII, which prohibits discriminatory employment practices based on race or color that involves recruiting, hiring, and promotion of employees, protects Nora Manson, an African-American employee. (Reed, Shedd, Morehead, corley-2004 p.449)

Jenny Mills is five months’ pregnant and, because of her pregnancy, the Pregnancy Discrimination Act applies. This act states that employers can no longer discriminate against women workers who become pregnant or who give birth. (Reed, Shedd, Morehead, Corley-2004 p.455)

The determination of the three selected for termination was based upon the importance of the future for FastServe, Inc. The first selected was Brian Carter. The reason for this