Term Paper on "Diversity Challenges"
Term Paper 3 pages (1088 words) Sources: 2
[EXCERPT] . . . .
Diversity ChallengesScenario 1 Overview -- a 10-year employee took 10 weeks off under the Family Medical Leave Act. The employee is now requesting another 3 weeks off and our company does not have an extended leave policy.
Legal Background
The Family and Medical Leave Act of 1993 (FMLA) is a federal law that requires covered employers to provide employees certain job-protected and unpaid leave rights for qualified medical or family reasons such as personal or family illness, military leave, pregnancy, adoption, or foster care. This Act was a major part of President Bill Clinton's agenda, and is administered by the United States Department of Labor (United States Department of Labor, 2012). The purpose of the Act was to provide more equitable and in-depth coverage so that individual employers would have more guidelines; and individual employees more structure when needing time off from work. Prior to the FMLA, leave could be denied for any reason based on the employer, and employees could even be fired for taking leave. These benefits allow for up to 12-weeks unpaid, but job protected leave for the care of a new child or family member, recuperation from illness, or to address qualifying emergencies. Once the employee returns to work, the employee's job, or similar level job, is guaranteed, as are benefits and reinstatement of benefits upon returning to work. Some states have enacted their own family leave thresholds, but in general, Federal FMLA applies only to employers with more than 50 employees (Galinsky, et.al., 2008).
Recommendation -- Based on the years of service and the assumption that to remain employed for 10 years, the
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SOURCES:
Galinsky, E., et.al.. (2008). National Study of Employers. Families and Work Institute. Retrieved from: http://www.familiesandwork.org/site/research/reports/2008nse.pdf
United States Department of Labor. (2012, January). Family and Medical Leave Act. Retrieved from dol.gov: http://www.dol.gov/whd/fmla/index.htm
Scenario 2 -- Our company is diverse, with a number of individuals of differing religious faiths working. Because of this, we refer to certain days in December as the Holiday Season, typically December 24 to January 1. We must, however, maintain a skeleton crew during this time period. We have two positions open and six employees from which to choose:
Employee #
Job Title
Gender/Marital Status
Religion
1
Programmer
F - Single
Jewish
2
Progammer
F -- Single
Islamic
3
Programmer
F -- Married, no children
Christian
4
Senior Programmer
M -- Married, 3 children
Jewish
5
Programmer
M -- Single -- 2 children
Christian
6
Lead Programmer
M- Married -- 2 children
Islamic
Legal Background -- While it looks at first that we can easily schedule those employees who either have no children or… READ MORE
Quoted Instructions for "Diversity Challenges" Assignment:
Individual Assignment: Work*****Life and Diversity Challenges Executive Summaries
Management has approached you on a number of work*****life and diversity challenges. You have been asked to evaluate the situation and provide a recommendation that is legally compliant.
*****¢ Select two of the following work*****life and diversity issues.
o The employee began working on January 1. It is July 15, and the employee requires time off for a family emergency.
o The employee has worked 10 years for the company. Six months ago, the employee returned from a family medical leave of 10 weeks and is now requesting another 3 weeks. The company does not have an extended leave policy.
o The company provides a variety of work situations to include flexible schedules and telecommuting. The company has customer service positions available in all work situations: in-house 8 a.m. to 5 p.m., flexible schedule, and telecommuting. An employee who has a customer service position is required to be in-house from 8 a.m. to 5 p.m. is now asking to be switched to a telecommuting position because the employee lacks sufficient childcare.
o You are hiring for a position that requires a person to work irregular hours, be on call, and travel, but you have not had much success with employees that do not have familial commitments. The supervisor has narrowed it to four candidates and asks for your guidance. Applicant one is a male candidate who meets the minimum qualifications and has received positive references. Applicant two is a male candidate who exceeds the qualifications and has exemplary references. In checking one of the references for the second candidate, the reference stated, *****Despite being a single father with three school-aged children, he was an outstanding performer.***** Applicant three is female who exceeds the qualifications (but not to the degree applicant two does) and has received positive references. Applicant four is a female, self-identified single parent of young teenagers who matches the qualifications of applicant two and has positive references.
o An employee has worked a steady schedule of 7 a.m. to 3 p.m. for over 2 years. The employee decided to go to school in the evening, checking with his supervisor who said it would be no problem because the employee worked during the day. The plant manager is changing the production plan, which will result in changing shifts. The supervisor who told this employee to attend school now has to place this employee on the evening shift.
o The company is approaching the holiday season. The company has employees of Jewish, Islamic, and Christian faiths and the owners of the company are of the Christian faith. Because of the diverse faiths within the organization, and out of respect for each belief, the company refers to the days in December as the holiday season. During the scheduled holiday break, which begins on December 24th and ends on January 1st, the company must maintain a skeleton crew. The supervisor must decide which two of the six employees to schedule:
*****¢ Employee 1: Programmer*****a single female of the Jewish faith
*****¢ Employee 2: Programmer*****a single female of the Islamic faith
*****¢ Employee 3: Programmer*****a married woman, no children, of the Christian faith
*****¢ Employee 4: Senior Programmer*****married man, three children, of the Jewish faith
*****¢ Employee 5: Programmer Intern*****a single man, two children, of the Christian faith
*****¢ Employee 6: Lead Programmer*****a married man, two children, of the Islamic faith
o An employee is injured. The employee contacts his supervisor stating that he is unsure how long he will be out, but would let you know his status after his doctor*****s appointment in a week. Three weeks pass and the employee has not contacted the supervisor nor returned the supervisor*****s two calls. You contact the employee via a certified letter. After 10 days, the employee is terminated. The employee challenges his termination under FMLA.
o Dan began working for your organization part-time over a year and a half ago, averaging 30 hours a week. Emma, his wife who also works for the organization, shares with you that they are in the process of adopting a child and will need to take some time off, at first sporadically, then, when the adoption is final, at least 2 weeks. Dan and Emma would like to take their leave at the same time.
o Diane has worked full time for your organization for 1 year. She shares with you that she was recently diagnosed with an illness, and to stabilize her health medically, she needs to take off 1 1/2 days a week for 12 weeks for treatment. She does not anticipate needing more time, but there may be a chance. In the third week, she was absent the entire week.
o The Desert Sun is a company that serves communities on the Mexican-American border. To serve their clientele effectively, they require their frontline personnel to be bilingual. The primary language of some of the individuals that Desert Sun hired is Spanish; English is their second language. The company realizes that not all employees are bilingual and are considering an English-only policy in all areas except the frontline service.
*****¢ Write a 400-word executive summary for each issue you choose, in which you do the following:
o Analyze the issue presented in the scenario, citing any relevant laws or regulations.
o Provide a recommendation and solution that is legally compliant.
o Explain how you would advise the employee of management*****s decisions.
o Discuss the employee*****s legal rights and responsibilities.
o Include any other information you deem appropriate in communicating to the employee.
Due Monday, Day 7. Post under the Assignments link.
How to Reference "Diversity Challenges" Term Paper in a Bibliography
“Diversity Challenges.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/diversity-challenges-scenario-1-overview/9518490. Accessed 5 Jul 2024.
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