Part I
Textbook
THE LEGAL ENVIRONMENT TODAY 7th edition
BUSINESS IN ITS ETHICS, REGULATORY, E-COMMERCE, AND GLOBAL SETTING
ISBN 9781111530617 Author: Roger LeRoy Miller & Frank B. Cross
Title VII Violations.
Discuss fully whether either of the following actions would consmure a violation of Title VII of the 1964 Civil Rights-Act as amended.
1. Terinington, Inc., is a consulting firm and has ten employees. These employees travel on consulting jobs in seven states. Tennington has an employment record of hiring only white males.
2. Novo Films, Inc., is making a film about Africa and needs to employ approximately one hundred extras for this picture. To hire these extras, Novo advertises in all major newspapers in Southern California. The ad states that only African Americans need apply.
3. Defenses to Employment Discrimination. The Milwaukee County juvenile Detention Center established a new policy that required each unit of the faciliv to b€ staffed at all times by at least one officer of the same gender as the detainees housed at a unit. The purpose of the policy, administrators said, was to reduce the likelihood of sexual abuse of juveniles by officers of the other gender. Because there were many more male u nits in the center than female units, the policy had the effect of reducing the number of shifts available for women officers and increasing the num¬ber of shifts for men. Two female officers sued for gender discrimination. The district court held for the county, find¬ing that the policy of assignment was based on a bona fide occupational qualificaLion (BEOQ) and so was riot illegal gender discrimination.
4. Sexual Harassment. The Metropolitan Government of Nashville and Davidson County, Tennessee (Metro), began looking into rumors or sexual harassment by the Metro School District's employee relations director, Gene Hughes. Veronica Frazier, a Metro human resources officer, asked Vicky Crawford, a Metro employee, whether she had wit-nessed "inappropriate behavior" by Hughes, Crawford described several instances of sexua Ely harassing behavior, Two other employees also reported being sexually harassed b Hughes. Metro took no action against Hughes, but soon alter completing the investigation, Metro accused Crawford of embezzlement and fired her The two other employees were also fired. Crawford filed a suit in a federal district court against Metro, claiming retaliation under Tide VII. What arkirnencs can be made that Crawford's situation der does riot ciliary as a retaliation claim under Title WI? Discuss.
5. Rulemaking and Adjudication Powers. For decades, die Federal. Trade Commis5ion (FTC) resolved fair trade and advertising disputes through individual adjudicationsL In the 1960s, the FTC began promulgating rules that defined fair and unfair trade pracLices. In as invoking vio[ations of- these rules, the due process rights of participants were more limited and did not include cross-examination. This
was because, although anyone found violating a rule would receive a full adjudication, the legitimacy of the rule itself could not be challenged to the adjudication. Any party charged with violating a rule was almost certain to lose the adjudication. Affected parties complained to a court, arguing that their rights before the FTC were unduly limited by the new rules. What will the court examine to determine whether uhjold the new rules?
6. Rulemaking. The Investment Company Act prohibits a mnutual fund from engaging in certain transactions in which there may be a conflict of interest between the manager of the fund and its shareholders. Under rules issued by the Securities and Exchange Commission (SEC), however, a fund that' meets certain conditions may engage in an otherwise prohibited transaction_ In 2004, the SEC added two new conditions. A year later, the SEC reconsidered the new conditions in terms of the costs that they would impose on
the funds. Within eight days, and without asking for public input, the SEC readopted the conditions. The U.S. Chamber of Commerce-which is both a mutual fund shareholder and an association with, mutual fund managers among its members-asked a federal appellate court to review the new rules. The Chamber charged that in readopting the rules, the SEC relied on materials not in the "rulemaking
record" without providing an opportunity for public comment. The SEC countered that the information was otherwise "publicly available." In adopting a rule, should an agency consider information that is not part of the rule making record?Why or why not?
7. Unsolicited Merchandise. Andrew, a resident of California,received an advertising circular in the US mail announcing a new line of regional cookbooks distributed by the Every- Kind Cookbook Co. Andrew didn't warn any hooks and , threw the circular away Two days later, Andrew received in the it an introductory cookbook entitled Lower Mongofian Regional Cookbook, as announced in the circular, on a "trial basis" from Every-Kind, Andrew did not go to the trouble to return the cookbook. Every-Kind demanded payment of
$20,95 for the Lower Mongolian Regional Cookbook. Discuss whether Andrew can be required to pay for the hook.
8. Debt Collection. 55th Management Corp, in New for it owns residential property that it leases to various tenants. in June 2000, claiming that one of the tenants, Leslie Goldman, owed more than $13,000 in back rent,55th raained Jeffrey Cohen, an attorney, to initiate nonpayment proceedings.Cohen Eled a petition in a New York state court against Goldman, seeking recovery of the unpaid rem and at least 3,000 in attorneys' fees, Alter receiving notice of the petitian, Goldman filed a suit in a Federal district court against Cohen.Goldman contended that the notice of the petition constituted an initial contact that, under the Fair Debt Collection Practices Act (FDCPA)] required a validation noticeL Because when did not give Goldman a valinalion noticc at the time, or within Eve days, of the notice of the petition, Goldman argued that Cohen was in violation of the FDCPA. Should the filing of a suit in a state court be considered "communication" to Provide a validation nofice under the FDCPA?Why or Why not?
9. Environmental Laws. Fruitade, Inc., is a processor of a soft drink called Freshen Up. Fruitade uses returnabLe bottles,which it cleans with a special acid to allow for further beverage processing, The acid is diluted with water and then allowed to pass into a navigable stream. Fruitade crushes its broken bottles and throws the crushed glass into the Stream. Discuss Fully any environment Laws that Fruitade has violated.
Part 2 - Discussion
1. Should being a homosexual, transgender, or a bisexual become a protected class under Title VII of the Civil Rights Act of 1964? Elaborate.
2. Is an administrative agency's ruling a "legal" way around the passing of enforceable actions through the normal legislative process and the circumventing of Congress?
3. Should we have more consumer protection laws to keep us safe?
4. Should the US have more environmental laws? Is this good for the economy? What about countries like China which seems not to care? Review the links and let me know what your thoughts are.
Also a little while ago the US entered into a major agreement with China but China does not have to start UNTIL 2030. Is this fair to US businesses? How will the people be affected by this here in the US?