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Employment Law

Question 1:

Sid Frost worked as a merchandising supervisor for Global-Mart, Inc. a large discount store employing over 26,000 people. When Frost suffered his third stroke in April 1999, he took leave from work, which was covered by the Family and Medical Leave Act (FMLA) of 1993. The vice president of personnel for Global-Mart approved the leave. Mike Allen, who had been hired only two months after Frost in 1984, temporarily filled Frost's position. When Frost returned to work, he discovered that Allen had been promoted to senior supervisor and given a $7,000 raise. The senior supervisor position is filled from the supervisor classification based on seniority. Global-Mart refused to allow Frost to return to his position as a supervisor and demoted him to a senior salesman position that required travel away from home on a weekly basis. Six weeks later Global-Mart fired Frost because he was unable to keep up the schedule required by his position and because his expense account was not timely filed by the end of the month.

Frost sues Global-Mart for violation of the FMLA based upon Global-Mart's failure to promote him to senior supervisor or return him to his prior position. Did Global-Mart violate the FMLA? Explain your reasoning. Support your reasoning with appropriate citations (in APA format and specific page references) to the Cheeseman textbook and no other sources.

Question 2:

Carol Jones was employed with Richmond Components, Inc. (RCI), an electrical engineering and manufacturing company that supplied parts and guidance system development for the United States Air Force. Jones was a public relations and communications manager for RCI at their facility located on Davis Air Force Base for over nine years. Of the 135 employees at the RCI facility at Davis AFB, only nine women were in professional positions. Employees in the office where Jones worked used e-mail as the primary form of communication between them. Jones was sent sexually explicit material via e-mail, including pictures that had been downloaded from the internet. Two male engineers in her work area used semi-nude swimsuit pictures as the screensaver on their computers. Pornographic pictures were cut out and put in her mailbox with notes, such as, "Will you pose like this for us?" When Jones requested that information for press releases be given to her by a stated deadline, she was subjected to sexually demeaning comments about her anatomy. When Jones complained to the vice president in charge of personnel, she was told that she worked in a high-stress "boys' club" and she had better learn to accept the "give and take" environment at RCI.

Jones quit her job and filed an action under Title VII. Will she prevail? Explain your reasoning. Support your reasoning with appropriate citations (in APA format and specific page references) to the Cheeseman textbook and no other sources.

Solution Preview

Frost sues Global-Mart for violation of the FMLA based upon Global-Mart's failure to promote him to senior supervisor or return him to his prior position. Did Global-Mart violate the FMLA? Explain your reasoning. Support your reasoning with appropriate citations (in APA format and specific page references) to the Cheeseman textbook and no other sources.

Global-Mart did violate FMLA. He had a stroke, and he was allowed 12 weeks of unpaid leave for recovery, so that he can come back to work, and do it with excellence. Not only that, the job is protected for a year, and he gets to maintain his benefits with his company. Anyone who has a family or medical condition, they are allowed this time off. This applies to a birth, child adoption, care for family members, and when the employee's health is serious with the inability to work. They have to work for the company at least 12 months for this to occur. Now that we know what FMLA, let us then discuss Sid Frost, and decide what he needs to do in his situation. The company should not have demoted him after taking leave. Once he took leave, a person is allowed to have their same position back with no repercussions. When they ...

Solution Summary

This solution provided examples of how Global-Mart broke the federa law based off the attachment.

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