14 Jul 2022

55

Employees Leaves and Other EEOC Protection

Format: APA

Academic level: University

Paper type: Essay (Any Type)

Words: 702

Pages: 2

Downloads: 0

Section A 

From around the world, Europe provides attractive paid maternity leave to its workers more than any other continent in the world. The United States drags behind with the least paid leave for its employees (Shortall, 2015). Bulgaria, Greece, the United Kingdom, and Slovakia are the best countries for working parents ( Ray, Sanes & Schmitt, 2013) . According to the Organization of Economic Co-operation and Development (OECD), Europe offers the best maternity leave with Bulgaria leading with 59 weeks of paid leave. Poland and Estonia are in the 10th position with 20 weeks of paid leave. Despite a significant difference in the rates, European countries offer their employees attractive paid leave with Estonia providing 85 weeks with full pay. 

The International Labor Organization is for at least fourteen weeks offered to women on maternity in addition to cash benefits. The cash benefits should be not below two-thirds of an employee’s past comparable earning (Ray et al., 2013). The UN agency further emphasizes that women should not lose their employment due to maternity leave or pregnancy. However, the United States maternity scenario for women is shrouded in secrecy and is best described as weird. Data from multimillion companies paint a grim picture of unpaid leave and short unpaid leave periods. Women are forced back to work after only a brief stint with their newborn, a horrifying situation that is both inhuman and alarming. 

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The situation in America is both a moral and an economic problem. With a large number of working mothers in the workforce, the case is gradually putting the productivity of mothers within a short period of having a baby. A significant number endure the hardship with embarrassing work situations coupled with previous short unpaid leave. Not only are American women workers faced with difficult situations upon delivery, but they have also had to contend with a system that is bent to frustrate and humiliate their choice of having babies. 

Section B 

Family and Medical Leave: It is a US labor law calling on covered bosses to offer workers with unpaid leave and job protection for family and medical causes. 

Serious health Condition: Is a severe mental or physical injury or illness that calls for a stay in a health facility. 

Benevolent discrimination stereotyping: These are social structure that cheats, consider others as inferior and they are offered assistance with the agreement that they will join into an already present hierarchical arrangement 

Sex-plus discrimination: Is when an employer categorizes employees based on their sex plus another attribute. For example, when an employer makes a decision on a given assumption such as a women being will abandon her task due to her childcare duties. 

Association discrimination: Is when an employer bases his or her decision on an individuals protected characteristic especially with one he or she spends some time with. 

Discrimination against caregivers: Refers to discrimination in the case an employer discriminates one based on their caregiving duties 

Caregivers: Are individuals who help or work in a given social network helping others with their day to day activities. They mainly help those with mental disorder, diseases or the aged. 

Family responsibility discrimination: Entails discerning an individual due to their family obligations and responsibilities. 

Marital status discrimination: Is negative judgment based on one’s marriage status. 

Personal appearance discrimination: Denotes to discrimination based on one’s physical appearance. 

Political affiliation discrimination: Refers to discrimination based on one’s political activities or beliefs. 

Uniform Services Employment and Reemployment Rights Act of 1994: Statute for protecting a veteran and service members’ national employment rights. 

Genetic Discrimination: Takes place in the case an employee receives different treatment by an insurance company or employer due to their gene mutation that contributes to the risk of inherited health condition. 

Genetic Information Nondiscrimination Act of 2008: Refers to a Federal legislation aimed at protecting people from any discrimination based on their genes in employment and health insurance. 

Genetic Testing: A test aimed at identifying modification in proteins, genes, and chromosomes. 

Genetic test: The procedure for ruling out or confirming a doubted genetic state or condition. 

Section C 

Applying the Law 

11.1 FMLA does protect an individual whose illness is not yet diagnosed. One is allowed to take FMLA if and when he or she considers his or her condition as a hindrance to work. The condition may be diagnosed or not and may require continuous medical treatment. John Hodgen's heart problem is described as severe and thus allows him to take FMLA. 

11.2 Appearance-based discrimination takes place if an individual receives differential treatment as per their looks, depicting a disparity between another individual under evaluation in comparison to how they avail themselves. Thus at Marina District Development Company, there was no appearance-based discrimination. The outlined conditions or measures were the company's rules and regulations for its employees. 

References 

Ray, R., Sanes, M., & Schmitt, J. (2013). No-vacation nation revisited.  Center for Economic and Policy Research , 1-22. https://www.issuelab.org/resources/15349/15349.pdf 

Shortall, J. (2015, November 4). The American Case for Paid Maternity Leave. Retrieved October 31, 2019, from https://www.youtube.com/watch?v=SJyE40koQyA. 

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StudyBounty. (2023, September 14). Employees Leaves and Other EEOC Protection.
https://studybounty.com/employees-leaves-and-other-eeoc-protection-essay

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