Regulatory or Compliance Requirement

Select a regulatory or compliance requirement related to the employment relationship. It may involve workplace safety, wage and hours, retirement, or other regulated subject matter. What law governs that requirement? What obligations does that legal requirement create for the employer and employee? What can managers do to assure compliance with that regulatory requirement?

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. An individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to: Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

The U.S. Equal Employment Opportunity Commission
http://www.eeoc.gov/types/ada.html

Litigation Risk

Reflect on the traditional litigation system (such as the lawsuit, answer, discovery, trial, and/or jury). What are the risks that businesses and other organizations encounter when dealing with traditional litigation, and what measures can business managers take to reduce exposure to those risks?

There are many risks associated for businesses and organizations when it comes to the traditional litigation system. Litigation can be expensive, there are strict procedures and timing that has to be followed, you never know who the judge or jury will be and there is judicial enforcement. A less expensive approach to litigation is ADR (Alternative Dispute Resolution) which offers parties alternative means to resolving their differences outside the actual courtroom. There are many different ranges of ADR and some are informal which could include a simple settlement to a more formal approach. You have Arbitration which is one of the oldest forms of ADR and is used commonly today.

There are many different ways that managers can reduce exposure to these types of risks. Personally I like to call them "common sense laws" but sometimes they are often found uncommon. Simple things like discrimination against race, creed, sex, origin and pay are important. Businesses should provide written documentation of their policies and procedures so that not only are employees aware so are the customers. When using the ADR method it gives you flexibility, you select the parties involved, it can sometimes be less expensive and it is usually done much faster than the courts.

The US Legal System

What is one way the U.S. legal system impacts U.S. businesses? How do specific aspects of the U.S. legal system contribute to furthering commerce? What would happen if that characteristic were not present in the legal system?

The legal system plays an important part in the development in which businesses operate. Laws determine obligations of employers to employees, as well as employees to employer. These laws also provide the same obligations to customers also. Laws help to protect contracts that drawn and created that affects suppliers, distributors and any other contracts that are between a business and another source provides services to the businesses or businesses providing services to others. The legal systems helps to provide protection in the financial aspects of the business, from shareholders to the taxes that must be paid as well as other major financial records that need to be addressed on a regular basis.

The legal systems help to further commerce by enacting laws that govern around the partied involved. Laws vary from one state to another, as well as from one country to another. This promotes further commerce through variances of the different laws which can benefit one business to another.

If there were no public courts the probable result would be a steadfast. Without a legal system the world would not have a common ground and things would just be a total mess and people would form ethical decisions. Laws help to teach the rights and wrongs even we do not always agree with them. Laws also help the people have a fighting chance in the democracy that is present at every corner we turn or face.