Fmla/Ada/Affirmative Action Essay

1705 words - 7 pages

If the Civil Rights Act exists to protect our rights in the workplace, then why does Affirmative Action exist and what is it? Secondly, within the Civil Rights Act, we are protected against discrimination, yet more and more acts are required to protect individual's rights, such as the American Disability Act (ADA), and the Family Medical Leave Act (FMLA). This implies that employees are still segregating, and discriminating, in spite of the Civil Rights Act, so what are the additional rights these acts provide? Under the ADA, can a blind person get any job they desire, and does anyone qualify under the FMLA to take time off from work, and if so for how long? It is these issues and more that ...view middle of the document...

Local 18, was fined and required to fill racial quotas when hiring new apprentices, as well as other remedial actions. Now in the case of University of California v. Bakke, the results were opposite. The University of California, on a voluntary basis, created its own quota system, enabling minority students with lower qualifications than non-minority students, to gain preference concerning admissions. The courts determined this case to be reverse discrimination, and the University of California was ordered by the court to discontinue their quota program. The difference between the two cases is that the University of California was discriminating against white students with higher qualifications because of their race, while in Local 18 the courts decided Local 18 was not admitting students into entry-level apprenticeships, and that Local 18 had no process that could compare applicant qualifications. Local 18 was forced to adopt an affirmative action plan, in view of the fact that there was no other reason for the lack of diversity other than discrimination.What value does affirmative action have in the modern workplace? Companies should perform workforce analyses on a regular basis, to insure that under-representation and under-utilization are not prevalent. Affirmative action should only be enacted in discrimination cases that are pervasive, as was the case in. An example as to the value of affirmative action is found in the Local 770 v. EEOC case, where the discrimination was pervasive, showing that quota systems that exclude whites, have been found to be equally discriminatory and not allowed under the law.Imagine being given an ultimatum by an employer, and having to choose between your job and attending to an ill child or parent. This might seem unimaginable, however, for this reason the Family Medical and Leave Act of 1993 was created, in an attempt to avoid these types of disastrous situations and to maintain a balance between the demands of the workplace and the needs of ones family.According to the Compliance Guide to the Family and Medical Leave Act of 1993, "any employer or person, acting in the interest of an employer who employs 50 or more employees for each working day, during each of 20 or more calendar workweeks in the current or preceding calendar year. Public agencies, along with public and private schools, are covered by the FMLA. Employers that fall into this category are required under the FMLA, to entitle eligible employees to take up to 12 weeks of unpaid/job-protected leave each year for specified family and medical reasons". Within the guidelines of the FMLA who is eligible to take advantage of this act? Eligible employees are employees who have worked for an employer for at least a total of 12 months; have worked at least 1,250 hours over the prior 12 months; and work at a location where at least 50 employees are employed by the employer within 75 miles."All employees covered under the FMLA are required to post...

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