Legal Environmental Exam 3

1.F The Federal Medical Leave Act provides that covered employers must grant an
eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month
period for one or more of the following reasons:for the birth and care of the newborn
child of the employee; for placement with the employee of a son or daughter for
adoption or foster care; to care for an immediate family member (spouse, child, or
parent) with a serious health condition; or to take medical leave when the employee is
unable to work because of a serious health condition.
2.

T [See Senate Report at 30; House Labor Report at 61-62; House Judiciary
Report at 38-39.] Thus a parent cannot claim that an employer discriminated against
her by not granting her sufficient time off or allowing her to modify her schedule so
that she could care for her daughter. An employee who cannot meet the attendance
requirements of her job is not protected by 12112(b)

3.

T Employees are eligible for leave if they have worked for their employer at least
12 months, at least 1,250 hours over the past 12 months, and work at a location
where the company employs 50 or more employees within 75 miles. Whether an
employee has worked the minimum 1,250 hours of service is determined according to
FLSA principles for determining compensable hours or work.

4.F If overtime hours are on an as needed basis and are not part of the employees
usual or normal workweek, or is voluntary, such hours would neither be counted to
calculate the amount of the employees FMLA leave entitlement nor charged to the
employees FMLA leave entitlement. Where overtime hours are not part of the
employees usual or normal workweek, disciplinary action may not be taken against an
employee for being unable to work overtime as a result of limitations contained in a
medical certification obtained for FMLA purposes. If the normal workweek is greater
than 40 hours, hours worked above 40 hours must be included in determining the
maximum amount of leave available to the employee under the FMLA. For example, if
an employee normally works overtime in three of every four weeks, then such overtime
hours are part of the usual and normal workweek schedule of the employee and would
be included in calculating the amount of FMLA leave available to the employee. This
would be the case even where the employer may not know in advance of the workweek
when overtime will be scheduled or how much overtime will be worked that week as
overtime hours may be based upon business demand that varies from week to week.

5.

IF reasons for the firing are pretextual Nationwide is not entitled to cover the
compensation. Due to the fact that they had a valid reason for the departure.

Case 2
1.
2.
3.

T
T
T If there is no direct evidence, under this framework, the plaintiff carries the
burden of proving by a preponderance of the evidence a prima facie case of
discrimination.
4.
T. under the statute, such proof only enables the employer to limit the remedies
available to the plaintiff-employee for the Title VII violation. See 42 U.S.C. 2000e5(g)(2)(B) (prohibiting damages awards and allowing only the grant of declaratory
relief, injunctive relief, and attorney's fees when the defendant-employer proves that it
would have taken the same action in the absence of the impermissible motivating
factor).
5. F. Gaskell seeks relief under Title VII of the Civil Rights Act of 1964. Among other
things, Title VII makes it an unlawful employment practice for an employer ... to fail or
refuse to hire or to discharge any individual ... because of such individual's ... religion.
42 U.S.C. 2000e-2. The term religion includes all aspects of religious observance
and practice, as well as belief, unless an employer demonstrates that he is unable to
reasonably accommodate an employee's or prospective employee's religious
observance or practice without undue hardship on the conduct of the employer's
business. 42 U.S.C. 2000e(j).