An Application of Human Resources Laws to Vignettes

HR Scenario Case Reviews
Instructions:
It is the morning of December 23rd. One of your company’s supervisors, Ricky Ricardo, has come to see you in Human Resources. He is trying to sort out a few things before he leaves for the Christmas weekend. With some turnover and other workers taking off time for travel during the holidays, his program is understaffed and he is dealing with a host of issues with his remaining employees: Gianna, Fred, Ethel, and Lucy.
Question 1:
When an employee, Rafael, walked into a staff meeting a few minutes late the other day, Gianna commented, “It’s about time. You Cubans always run late… on Cuban time! We should have known better than to wait on you to start.” Rafael was confused; after all, he wasn’t Cuban But he really didn’t like the tone of his voice and how rude Gianna came across. As he was leaving the meeting, Rafael noticed Gianna’s supervisor, Ethel. He mentioned to Ethel that he did not like the way Gianna spoke to him, and shared the statements he had made. Ethel replied that Rafael was being “way too sensitive” about the matter and asked, “Why don’t you man up, huh?!”
What would you recommend in terms of the statements made by Gianna and her supervisor, Ethel?
Issue: Did Gianna’s comments and Ethel’s response to Rafael’s concerns rise to the level of creating a hostile workplace based on race pursuant to the Equal Employment Opportunity Commission’s (EEOC’s) guidelines for Rafael under Title VII of the Civil Rights Act of 1964?
Rule: According to the EEOC, Title VII of the Civil Rights Act of 1964 “protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin” (EEOC law, 2018, p. 1).
Analysis: It is reasonable to posit that, notwithstanding the erroneous nature of Gianna’s comments concerning Rafael’s race as a Cuban, the comments when combined with Ethel’s unresponsive solution were violative of Title VII.
Conclusion: In order to prevent a recurrence of this type of exchange, it would be in Rafael’s best interests to take this matter up with this company’s human resources department and/or her immediate supervisor. In the event the company failed to act on this problem, Rafael could pursue of cause of action under the provisions of Title VII.
Question 2:
Ricky is worried about one of his supervisors, Fred. Fred has been dealt a lousy hand lately. After they fired one of Fred’s employees, two others abruptly quit. This left Fred with only two employees (but the same level of work to complete). Coincidentally, the company has a really tight operating budget is really tight now. In fact, there is a company-wide hiring freeze at the moment. So, Fred has been doing a lot of the work that his former employees left behind. What used to be a decent work-life balance for Fred has turned into consistent 12-hour work days, with occasional Saturday hours, too. Fred has begun grumbling that he deserves a raise from his lousy salary of $23,000. He says it’s not fair that a supervisor with so much responsibility and work is earning such a low salary, and he is starting to look for a new job. Ricky has told him he would love to pay him a little extra to “take care of him” for putting in all this extra time, but that there’s no money for that right now. Ricky has told Fred to just “hang in there” until things get better.
What would you recommend in terms of Fred's situation?
Issue: Does Fred qualify for overtime pay or compensatory time for all hours worked each week in excess of 40 hours pursuant to the provisions of the Fair Labor Standards Act (FLSA)?
Rule: In order for Fred’s company to exempt him from the relevant provisions of the FLSA for overtime pay or compensatory time off based on hours worked in excess of 40 hours each week, it would need to justify his classification as an executive, administrative professional, or computer or outside sales employee (Fair Labor Standards Act, 2018).
Analysis: Although Fred has the responsibilities of an executive in his capacity as a supervisor who is responsible for five subordinates, his salary of $23,000 per year does not correspond with these responsibilities or workload.
Conclusion: Fred should request a reevaluation of his job description and a desk audit of his day-to-day responsibilities in order to qualify for overtime pay/compensatory time off or a higher salary commensurate with his actual duties.
Question 3:
As if things weren’t already bad, one of Ricky’s employees who used to be really dependable is all over the place with her time off lately. Lucy – a longtime employee who rarely took a day off – has been missing from the office for a few months. Back on October 3rd, Lucy initially called out sick with what she described as a bad cold and a headache. She ended up needing to stay out a couple more days because she said she wasn’t feeling any better. Ricky recalls hearing from her at the end of that week, and that she said something about developing a fever and even spending a night in the hospital to get better. The following week, she sent over some paperwork asking for extended medical leave, but Ricky didn’t know what he was supposed to do with it. At that time, he put the paperwork in a folder labeled confidential, and has kept it in a drawer in his desk. He brought the forms with him to this morning’s meeting with HR, and suggested putting them in Lucy’s medical file. He’s been waiting for her to come back to work, and has been very patient with her, but wants to reprimand her for being out so much.
How would you handle this medical leave situation?
Issue: Did Ricky violate Lucy’s right to leave to care for her medical condition by failing to file her request for extended medical leave and considering disciplinary action for the length of time she has remained away from work.
Rule: The relevant provisions of the Family and Medical Leave Act (FMLA) stipulate that “Eligible employees are entitled to 12 workweeks of leave in a 12-month period for . . . a serious health condition that makes the employee unable to perform the essential functions of his or her job” (FMLA overview, 2018, para. 2).
Analysis: Although the case scenario is silent concerning the exact amount of time Lucy has been off work claiming to be too ill, this employee may be entitled to the full 12 workweeks of leave during a 12-month period if she is eligible under the terms of the FMLA and her healthcare condition warrants this extended time off.
Conclusion: Ricky should review the terms of the FMLA, request appropriate paperwork from Lucy concerning her medical condition and immediately process Lucy’s request for extended medical leave if her doctor’s orders confirm her healthcare claims
Question 4:
To make matters worse, Ricky got a phone call this morning from Lucy that really upset him. After all of this time of being out, Lucy says she needs an additional 2 weeks to fully recover from a condition that was making it difficult for her to concentrate, sit, stand, or otherwise perform her job duties. Then, in 2 weeks, she wants to come back on a part-time schedule and work from home the rest of the time because the chair she has at home has a back support that makes her feel better. If that weren’t enough, she says she will need to take frequent bathroom breaks, and will need the company to purchase a standing work station with a new computer with special features that will magnify items on her computer screen and help her do her work (she has identified a top-of-the-line product that will cost at least $40,000). Ricky says he’s had enough of Lucy, and wants to call her back this afternoon to refuse her ridiculous requests.
How would you address Lucy's requests?
Issue: Although Lucy’s requests may appear “ridiculous” to Ricky, her requests are consistent with the requirements of the Americans with Disabilities Act (ADA).
Rule: The relevant provisions of the ADA “prohibit employment discrimination on the basis of workers’ disabilities [and] also require employers to provide reasonable accommodations -- changes to the workplace or job -- to allow employees with disabilities to do their jobs” (ADA overview, 2018, para. 2).
Analysis: Assuming Lucy satisfies the medical criteria, the accommodations she requested under the terms of the ADA are not unreasonable; however, there may be more cost-effective alternatives available for the $40,000 standing workstation that could be substituted for the preferred model.
Conclusion: Ricky should review the requirements of the ADA as they apply to Lucy and similarly situation employees and make every effort to accommodate this otherwise-valued employee’s return to work.


References
ADA overview. (2018). NOLO. Retrieved from https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter7-8.html.
EEOC law. (2018). U.S. Equal Employment Opportunity Commission. Retrieved from https://www1. eeoc.gov/employers/upload/eeoc_self_print_poster.pdf.
Fair Labor Standards Act. (2018). U.S. Office of Financial Management. Retrieved from https://ofm.wa.gov/state-human-resources/compensation-job-classes/compensation-administration/fair-labor-standards-act-flsa.
(FMLA overview. (2018). U.S. Department of Labor. Retrieved from https://www.dol.gov/ whd/fmla/.