Term Paper on "Business Law the Differences"

Term Paper 6 pages (2568 words) Sources: 1+

[EXCERPT] . . . .

The 'Americans with Disabilities Act' - ADA of 1990 protects those persons with any sort of disabilities from being discriminated against on account of their disabilities. The 'Rehabilitation Act' of 1973 ensures that no one working in the Federal Government is discriminated against because of any disabilities. The 'Civil Rights Act' of 1991 awards any individual who feels that he has been discriminated against a sum of money as compensation for the damages that he has suffered. (Federal Laws Prohibiting Discrimination)

It is the 'Equal Employment Opportunity Commission' of the U.S.A. that enforces these laws wherever necessary. The Title VII and the ADEA and the ADA serve to protect the employee in a workplace by offering the provision that it is not legal to discriminate a person based on the following: when a person is either being hired or when he is being fired, when he is being transferred or promoted or when he is being laid off or when he is being recalled. There must be no discrimination in terms of compensation or of assigning work or in the classification of the employees. The use of the facilities that the company offers must not be restricted on the basis of the various employees; it must be an equal opportunity for everyone. The training programs that are organized by the company and the apprenticeship programs for novices must be for all, and the fringe benefits that any company would offer must be for everyone; there can be no discrimination. (Federal Laws Prohibiting Discrimination)

The pay scale, leave, and retirement benefits must be equal to all. There can be no discrimination based on the race and color and other physical reasons of the individual, and there can be no discrimination against an individual just because he was protesting against discrimination, or if he had filed a case against discrimination. Stereotyping and assumptions based on stereotyping must not be allowed, and the judging of an individual based on such stereotypes must not be encouraged: this is a cause for discrimination. In addition a person cannot be discriminated against just because he is married to an individual belonging to any particular race or religion or to a person with a disability. A person has the right to practice his own religious beliefs and be proud of his ancestry or speak a particular ethnic language, and an employer cannot discriminate against him on this account. The business environment and business relationships would be mush better if all the rules against discrimination were to be read carefully by both employers and employees so that there would be a peaceful and tension free working atmosphere for all. (Federal Laws Prohibiting Discrimination)

What are the issues that arise when determining what laws apply to a business operating in a foreign country?

When a person desires to conduct his business overseas, he still has to conform to the laws that apply to his business when he is in his own home country, in this case, the U.S.A. When the conduct of the business affects the commerce of the U.S.A., then they can be prosecuted against according to the various 'Anti-Trust' laws. Some other laws govern the working of the U.S. business abroad, like the 'Foreign Corrupt Practices Act' and the 'Anti-Boycott' laws, in addition to the various other laws that dictate the export procedures of the companies based abroad. The bribing of foreign officials or government officers is strictly prohibited according to the 'Foreign Corrupt Practices Act'. By 'bribes' any object of value, whether monetary or not, must not be offered to these officials. However, the FCPA does grant an exception for offering payments to a government official, and payments can be offered so that the government action may be taken quickly. (Doing Business Overseas)

However, it is difficult to determine if this law pertains to all businesses or to just a few, or if the law pertains to all countries or to just some. This is an issue of controversy. Determining whether the payment is actually lawful or not and whether the payment can be offered within the lawful regulations of the foreign country or not are all issues that may arise when this law is applied. The Anti-Boycott law upholds that a U.S. business that is based abroad must not comply with any sort of boycott laws against a country that is friendly with the U.S.A. They must not also part with any sort of information about any business relationships that they may be enjoying with other foreign countries. (Doing Business Overseas)

Under the 'Export Administration Act', no U.S. Company is allowed to refuse to conduct business with a boycotted country or even in a boycotted country, and also from discriminating against a U.S. citizen on the basis of religion or caste or sex or color because of the ongoing boycott, and that any requests that were made to ask the U.S. based business to join the boycott must be reported immediately to the concerned authorities. The 'Internal Revenue Code' contains another set of laws that restrict trade practices abroad. The IRC requires annual reports from those U.S. companies that are based aboard, and the facts that have to be mentioned in these reports are whether the company has ever been asked to join in the boycott, or whether the company has ever tried to participate in an ongoing boycott, etc. Again, the issue here is whether this law applies to all businesses, and whether it applies to any particular country. (Doing Business Overseas)

References

Doing Business Overseas" Retrieved at http://www.raytheon.com/ethics/booklets/doingbus.pdf. Accessed on 5 October, 2004

Federal Laws Prohibiting Discrimination" The U.S. Equal Employment Opportunity Commission. May 24, 2002. Retrieved at http://www.eeoc.gov/facts/qanda.html. Accessed on 4 October, 2004

Moses, Jeffrey. (23 July, 2004) "How to make your Contracts Understandable and Legally Enforceable" Retrieved at http://www.nfib.com/object/IO_16815.html. Accessed on 4 October, 2004

Standler, Ronald B. (1998) "Differences between Civil and Criminal Law in the U.S.A." Retrieved at http://www.rbs2.com/cc.htm. Accessed on 5 October, 2004

The Impact of Medical Malpractice Insurance and Tort Law. (September, 2002) A report from the Washington State Medical-Education and Research Foundation. Retrieved at http://www.wsma.org/Tort_reform.pdf. Accessed on 5 October, 2004

Tort Definition" Com. Retrieved at http://www.legal-definitions.com/T/tort.htm. Accessed on 5 October, 2004 READ MORE

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