Employment Law Encounter
University of Phoenix
May 22, 2012
Prof. Hector Serrano Mangual
Legal Encounter 1
Equal Opportunity in Employment laws:
The major scope of this set of federal laws is to eliminate employment discrimination within employees and job applicants. FastServe Inc. has the responsibility to perform the company reorganization that include making three employee layoffs minimizing or avoiding potential legal liability. Discharging an employee for reasons related to race, sex, age, religion, disability, national origin, and, in some locations, sexual orientation, may constitute unlawful discrimination as stated in one of the main statutes, Title VII of the Civil Rights Act of 1964 and “Ley 100 de 30 de junio de 1959” known as “Ley Contra el Discrimen en el Empleo” in Puerto Rico’s model.
Age Discrimination in Employment Act:
The Age Discrimination in Employment Act (ADEA), prohibits certain age discrimination practices as Puerto Rico’s “Ley num. 100 de junio de 1959, 29 L.P.R.A. seccion 146”. Considering that Sarah Boyd has over 15 years of employment service in FastServ Inc., and she is 53 years old, the company must evaluate their criteria and consider the attorney recommendations to take a lawful decision. Sarah Boyd was selected to offer a layoff severance because the company will soon be automated and Mrs. Boyd is unlikely to fit in. As stated in Puerto Rico’s “Titulo 29 L.P.R.A. seccion 185b”, employers can layoff employees because of company reorganization.
Race discrimination in employment violates Title VII and refers to broad categories such as African American, Caucasian, Asian, and Native American. Nora Manson is the second employee to layoff and FastServ Inc. can expect a race or color discrimination claim by Puerto Rico’s “Ley num. 80 de 30 de mayo de 2003, 29 L.P.R.A. seccion 185” as soon as she’s laid off. However, she will not have enough evidence to sustain that claim and FastServ...