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Employment Law - Essay Example

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The Act abolished gender discrimination when determining employee’s salary. It prohibited discrimination of workers by their employer or amongst themselves on the basis of sex. It advocated…
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Employment Law of the Affiliation Topic Compensation Determining pay equity and pay discrimination can be challenging. Discuss the Equal Pay Act of 1963 including its positive intents as well as the challenges involved in determining comparable worth.
The Equal pay Act of 1963 is an amendment to the Fair Labour Standards Act. The Act abolished gender discrimination when determining employee’s salary. It prohibited discrimination of workers by their employer or amongst themselves on the basis of sex. It advocated compensation of employees based on their output rather than their sex; equal pay for equal work (Weatherhead, 2013).
The Act promoted gender equality in workplaces. Employers undervalued work done by females compared to that done by their male counterparts. Implementation of the Act leveled the playing field and addressed pay inequity promoting female talent. The long run effect of the law is emergence of an active and vibrant economy.
However, implementation of the Act has faced various challenges. For instance, there are many ways of defining comparable worth that creates confusion.Despite enactment of the law, statistics shows that the labour market is still gender biased when valuing work. Females are still underpaid compared to male workers.
Topic 2: Work/Life Issues:

The Family Medical Leave and the Pregnancy Discrimination Acts provide protection for family related situations. What are the four most critical elements an employer needs to know about the Family Medical Leave Act. Identify examples of pregnancy discrimination. Indicate whether there is any justifiable reason to deny a pregnant woman a job and explain why or why not.
The employer should give a twelve week unpaid leave to employees that have served the organization for more than twelve months. The employer must continue providing group health plan benefits despite the worker’s absence from work. Under the Act, employers are required to publish a notice informing employees of their rights to leave (Meyers, 2005). Employees are supposed to notify their bosses of the intended leave thirty days prior to the leave. An employee that calls in sick is entitled to leave.
An example of pregnancy discrimination is where an employer takes punitive measures on a pregnant employee who fails to fulfill her obligations due to medical complications related to her pregnancy. Additionally, failing to hire or promote a woman due to her pregnancy is pregnancy discrimination. Sometimes a pregnant woman can be denied a job, and this might not constitute to pregnancy discrimination. If the job to be undertaken is risky and poses a threat to a woman’s pregnancy then denying her the job is not discriminatory. However, such denial of job can be discriminatory if it is evident that the work is not reasonably risky to her status.
References
Meyers, L. (2005). What an employer needs to know about FMLA leave. Retrieved from:
http://www.thehumanequation.com/en/news_rss/articles/2005/08_16_FMLA_leave_employer.aspx
Weatherhead, P. (2013).What is comparable worth. Retrieved from:
http://www.worldatwork.org/adimComment?id=38793 Read More
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