EMPLOYEE RIGHTS/SAFETY
Before starting this assignment be sure you are familiar with the following laws and their amendments:
Katz, H. C., Kochan, T. A., & Colvin, A. J. S. (2017). Employment law. An introduction to U. S. collective bargaining and labor relations. Ithaca: Cornell University Press, pp. 71-79. Available from Skillsoft Books in the Trident Online Library.
U.S. Department of Labor. Wage and Hour Division (WHD) (n.d.). The Family and Medical Leave Act (FMLA) https://www.dol.gov/whd/regs/compliance/1421.htm
U.S. Equal Employment Opportunity Commission. Pregnancy Discrimination. https://www.eeoc.gov/laws/types/pregnancy.cfm
U.S. Department of Labor. (n.d.) Americans with Disabilities Act. https://www.dol.gov/general/topic/disability/ada
U.S. Department of Labor Occupational Safety and Health Administration, About OSHA. https://www.osha.gov/about.html.
Prepare a 2- to 3-page paper (not counting the cover and reference pages) discussing how the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act, safety laws, or other state laws might apply to the following scenario.
One of your old college roommates, Sandra, is a nurse who took a job that required her to lift 65 pounds smoothly. She was told the job had this physical strength requirement for patient safety and to ensure that teams of nurses could move patients as needed. Sandra worked for a nursing home chain that employed 900 employees.
Sandra had become pregnant and on her doctor’s advice tried to refrain from lifting 65 pounds. After she kept finding herself in situations at work that required her to do this kind of lifting, she decided to just stay home until the baby was born.
After the baby was born, Sandra went back to work, but her baby developed a medical condition that required her to see doctors frequently. Sandra didn’t have anyone else who could be a “dedicated” caregiver for her baby, so she took leave from work to tend to her child.
When Sandra’s leave was about to expire, she asked her doctor to write a note in support of extending her leave. The note wasn’t clear and suggested that the doctor thought it would be nice, but not necessary, for mother and child to be together.
Sandra’s manager told her that the nursing home wouldn’t be able to keep her job open for her any longer. However, he told her she should apply to the company again as a new-hire when she was ready to get back to work.
Your paper should address the following:
Discern and discuss which laws may protect Sandra based on the given facts.
Identify specific impediments that might inhibit Sandra from availing herself of these protections.
Explain if Sandra’s employer might have opened itself to legal liabilities and if so why.
Use at least three Library sources plus any applicable background readings to support your discussion. Submit your paper by the module due date.
