Question

 Identify potentially applicable employment laws from the textbook materials that may be applicable to the fact pattern provided. Identify applicable laws even if more information is needed to determine applicability with certainty. State whether the facts suggest that the law was violated. Provide concise analysis on why there may have been a violation and on what steps should have been taken to avoid the violation.

Fact Patterns

A 54-year-old male mid-level manager has been working for the company for 20 years. In prior annual reviews for five years he received above average reviews and a 4% increase in salary each year. His immediate supervisor has recently been replaced. Now his new supervisor requires him to complete many additional tasks and assume numerous additional responsibilities. Other managers at his same level are not receiving these additional tasks and responsibilities. In his last two annual reviews, his new supervisor gave poor scores. In the last year, he was put on probation. He was terminated yesterday.

A 32-year-old waitress at a hip restaurant in the city has the most experience of all the staff and works the most hours. She became pregnant. After a few months, she could no longer work the hours required to cover her shifts. She was terminated and replaced with a 20-year-old waitress.

A 43-year-old female bank teller has been employed for seven years at the bank. She is the most reliable, hardworking, and efficient employee with glowing annual reviews. Bank management has recognized her each year for her excellent job performance and customer service. At the bank’s family picnic, she brought her partner whom she began dating earlier in the year. The bank manager called her into his office on Monday following the picnic and terminated her. He did not provide any explanation other than “it just was not working out.” The bank teller suspects it was her personal relationship that led to her termination.

Answer 1

In the first case, a 54 year old mid level manager has been asked to leave after he was sent on probation due to non performance. The facts here is that the employee was employed with the organisation for 20 years and the new supervisor that the employee reported to was demanding more work from him alone where other managers at his level were not given the same work load. Here, it is the case of Age discrimination where the employer feels that the employee is old enough to perform his job in a na efficient way and in order to remove him from the organisation he has been pressured to do more work. It would have been equal if the other managers at his level were given the same amount of work to do.

In the second case where a lady who was pregnant had been terminated from work as she was not able to dedicate ample amount of time for the work. She has been the most experienced amongst all the staff but since she was pregnant and could not have the mental and physical strength to dedicate more time towards her work she was asked to leave. This is a case of Pregnancy discrimination which states that any employee who is pregnant or gone through an abortion should not be discriminated for their physical weakness. She cannot be fired on the basis of these grounds.

In this case, an employee who has been recognised for her good work and has been praised and rewarded by the management for her good work was suddenly removed one day after the office picnic. This is a case of personal grudge that has been taken on the employee by the manager without giving any reason for termination.