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Family and Medical Leave Act Case Study
Family and Medical Leave Act Case Study
Examples of harassment
Leering in a sexually suggestive manner.
Making offensive remarks about looks, clothing, body parts.
Touching in a way that makes an employee uncomfortable, such as patting, pinching, brushing against another’s body.
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Family and Medical Leave Act
Legislation that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons
Entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons
To be eligible for FMLA benefits, an employee must:
work for a covered employer
have worked for a covered employer for at least 12 months, for at least 1,250 hours
A covered employer must grant an eligible employee unpaid leave for the birth and care of a newborn child of the employee, or for placement with the employee of a child for adoption or child care.
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Recent Amendments
2013 U.S. v. Windsor: Ensures that the FMLA affords spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.
The 2009 and 2010 amendments to the FMLA addressed hardships being placed on military families.
Two new categories of leave were created in the amendments—which are designed to ease the strains.
Qualifying exigency leave
Military caregiver leave
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The Americans with Disabilities Act
Criminal justice agencies may not discriminate against qualified individuals with disabilities.
A person has a disability if he or she has a mental or physical impairment that substantially limits a major life activity, such as walking, talking, breathing, sitting, standing, or learning.
This mandate applies to the agency’s recruitment, hiring, and promotion practices.
Employers must provide reasonable accommodation to disabled persons, which can include modifying existing facilities to make them accessible, job restructuring, part-time or modified work schedules, acquiring or modifying equipment, and changing policies.
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Grooming and Appearance: Employers’ Rights
Dress codes and appearances:
Grooming and tattoos with Millennials is posing challenges to CJ administrators.
Kelley v. Johnson still remains intact and administrators are free to determine that body modifications create an unprofessional appearance.
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Copyright
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The number of judges in each circuit varies, from 6 in the First Circuit to 28 in the Ninth, depending on the volume and complexity of the caseload.
Each circuit has a chief judge, chosen by seniority.
Half the cases are civil, about 20% are criminal, and the rest are administrative.
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FIGURE 7-1 Geographic Boundaries of the U.S. Court of Appeals, and U.S. District Courts
Source: United States Courts of Appeals and United States District Courts, www.uscourts.gov/images/circuitmap.pdf.
U.S. District Courts
94 in number, of which 89 are located within the 50 states.
There is at least one district court in each state (some states have more, such as California, New York, and Texas, all of which have four).
The president nominates district judges, who must then be confirmed by the Senate; they serve for life unless removed for cause.
The U.S. District Courts are the federal trial courts of original jurisdiction for all major violations of federal criminal law.
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Judicial Conference of the United States
The administrative policymaking organization of the federal judicial system.
Its membership consists of the chief justice, the chief judges of each of the courts of appeals, one district judge from each circuit, and the chief judge of the Court of International Trade.
Administers the judiciary budget and makes recommendations to Congress concerning the creation of new judgeships, increase in judicial salaries, revising federal rules of procedure, and budgets for court operations.
Plays a major role in the impeachment of federal judges.
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Administrative Office of the U.S. Courts
The day-to-day administrative tasks of the federal courts have been handled by the Administrative Office of the U.S. Courts.
Director of AO is appointed by the chief justice of the Supreme Court.
Presents annual budget request, argues for the need for additional judgeships, and transmitting proposed changes in court rules.
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State Courts of Last Resort and Appeal
Court of last resort:
That court in a given state that has its highest and final appellate authority.
Referred to as the state supreme court.
