What constitutional provisions would allow congress

Assignment Help Business Law and Ethics
Reference no: EM131168297

Case Study

In response to increasing medical knowledge about the genetic source of obesity, Congress enacts and the president signs the "Obesity Rights Act" (ORA). The statute reads as follows:

Section 1: Findings

The Congress hereby finds that the obese are subject to unreasonable and unfair discrimination in employment, given prejudice against and misunderstanding of the condition of obesity. The Congress also recognizes that a desire to earn a profit may require a business to consider the physical attributes of certain members of its work force, and that this is a legitimate consideration.

The Congress also finds that obesity is not a legitimate tool for determining the capability of any person to contribute to an efficient workplace.

Section 2: Discrimination

It is a violation of federal law for any employer to discriminate unreasonably against any person based on the person's weight, except where weight is a bona fide occupational requirement and where all reasonable attempts to accommodate the person have been made.

Section 3: Definitions

"Employer" means any person, partnership, corporation or other business entity, state, or subunit of state government that employs any person.

Section 4: Relief

Any person may sue to enforce the provisions of this act in any federal court where venue is proper. A court may order damages, back pay, or other relief, as appropriate.

Section 5: Regulations

(a) The U.S. Department of Labor is authorized to promulgate regulations to enforce these provisions. Violations of any valid regulation shall be considered violation of federal law.

You may assume the following:

1. During its consideration of the ORA, Congress heard evidence that, as a psychological matter, people make assumptions about people's self-control and discipline based in part on whether they are obese. Congress was also told that, in a public opinion poll, 67 percent of Americans said they would be uncomfortable working with an obese person.

2. Three individuals testified to Congress that they were fired from jobs - one from a job with the New York state government, one with a large corporation, and one with a small business - based solely on their obesity, despite achieving good performance reviews.

3. The CPOD was formed "to fight, in the legislatures, the courts, and in public opinion, all forms of discrimination and stereotypes about, and oppression of, obese persons."

1. Adams v. Baker Albert Adams, a junior auditor for the State of Baker, is fired for being obese. He sues the state and the state's head auditor under the law, requesting back pay, damages, and an injunction against the head state auditor forbidding him from firing or demoting Adams.

What constitutional provisions would allow Congress to impose ORA on the State of Baker?

2. Confederation for the Prevention of Obesity Discrimination (CPOD) v. Department of Labor Meanwhile, the Department of Labor promulgates the following regulation:

Reg A: A "bona fide occupational requirement" is any requirement that, in the eyes of a reasonable employer, is reasonably necessary to prevent a loss of business or profit, taking into account reasonable customer preferences.

The Confederation believes that this regulation is far too lenient, and contravenes the intention of the statute. On the day the regulation is promulgated, it sues the Department of Labor. Does it have standing?

Reference no: EM131168297

Discuss the supreme courts current approach

Essay must address the effects of the Supreme Court's decisions on law enforcement in the United States. Discuss the Supreme Court's current approach to balancing civil libe

What will be the optimal cash replenishment level

Rose Axels faces a smooth annual demand for cash of $5.11 million, incurs transaction costs of $274 every time the company sells marketable securities, and can earn 4.2 perc

Defendant payne voluntarily abandon the gun

Under the circumstances, did defendant Payne voluntarily abandon the gun and have no complaint if the police seized it and obtained other evidence from it? Did the police do a

People in the u.s. are involved in business

Millions of people in the U.S. are involved in business. In the 1920s, President Calvin Coolidge proudly stated, "The business of America is business.

How does the overburdened public defense system

What role does geographic location play a role in the quality of representation provided by the public defender? How does the overburdened public defense system contribute to

Have all questions related to your criminal justice issue

Consider the responses you might receive. Will these responses provide answers to the research question? You must use each of the 4 question types (open-ended, dichotomous, mu

Does able & henderson face any negligence liability

What standard of care applies to Able & Henderson's accounting work for Hambones, Inc.? Does Able & Henderson face any negligence liability to First State Bank or Sauce Supp

Focus of future developments in the business

This is a prediction of the focus of future developments in the Business Law course 10 years from the present. It includes how it will apply to a student's current or future

Reviews

Write a Review

 
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd