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S.-based business, this entity type would seem ideal, although he might need some legal help to file as an S Corporation.
Professional practice: An LLC, or limited liability corporation, is the most popular type of entity structure for professional groups such as doctor's offices, accountants, and other small enterprises. As owners, Akiva and Tara would not be personally liable for the debts of the LLC, although constructing the entity is more complicated, legally, than a joint proprietorship. Given the insurance risks of running a birth clinic and the dangers of litigation, anything but an LLC would be unwise. Additionally, in some states, owners are "protected from personally liability from certain acts or misconduct of other partners, employees, agents, or their representatives" in case there are allegations of misconduct (Limited liability, 2010, State of Iowa).
Construction Scenario: Discriminating against an individual based upon the fact she is pregnant is a violation of federal civil rights laws, unless the individual is unable to perform the task in a way that would place an unreasonable hardship on the business (such as Surebuild's need for all employees to begin work immediately). "The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions" is prohibited (EEOC, 2010). However, discriminating against Nick, because of his epilepsy, is not in violation...
Discriminating against an individual because of a disability if no reasonable accommodation can be made (such as not hiring a blind person as a pizza delivery driver) is allowed under the Americans with Disabilities Act.
Requiring a high school diploma for a task that does not demand a high school education may also be illegal for Surebuild. Requiring previous experience in using a jackhammer is not, given this directly pertains to the work done by the employee. Using a high school diploma as a requirement in a fashion that has a disparate impact upon a historically-discriminated against group is prohibited by law. However, in the facts presented by the case, there does not seem to be a disparate impact upon a historically-discriminated against group. Both Eric and Felipe lack high school diplomas. Eric has more experience with jackhammers than Felipe.
References
Limited liability. (2010). State of Iowa. Retrieved March 29, 2010 at http://www.sos.state.ia.us/business/limliabpart.html
Limited partnership. (2007). Quick MBA. Retrieved March 29, 2010 at http://www.quickmba.com/law/partnership/limited/
Pregnancy Discrimination Act. (2010). EEOC. Retrieved March 29, 2010 at http://www.eeoc.gov/facts/fs-preg.html
S Corporation. (2010). IRS. Retrieved March 29, 2010 at http://www.irs.gov/businesses/small/article/0,,id=98263,00.html
Business Entities, Laws, And Regulations This paper will focus on the challenges faced by one start-up businesses and an established company with labor issues. For the start-up, a birth clinic, a case needs to be made for the type of business entity they should each use. The established company is a construction company whose business entity must be identified and employment law pertaining to the scenario will be discussed. For each
Laws Governing Business Entities Laws Governing Business Organizations Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws
Felipe's inability to speak English would be a liability to the company and a possible safety threat, so he should not be hired as well. That leaves Eric and Michelle, who are both qualified candidates and could therefore both be hired. Even though Eric does not have a high school diploma, his life experience should make up for the lack of education, and he knows how to work a
Business Construction Scenario Business entities vary from countries to countries since the formation of a business is controlled by the various legal systems instituted in those countries. There are many types of business entities, and this is where we find the likes of sole-proprietorship, partnership, cooperatives, corporations and limited liability Company among others (Waddell, 2008). A business may be categorized in any of these entities just by the composition of its
S. small business administration can help with (SBA, 2005). While this is not necessary it can prove useful for legitimizing or legalizing certain aspects of business operations and help businesses with financing and support from investors. An organization will next have to decide a location for their business and select a business structure, which is not limited to a corporation but may also include a sole proprietorship, limited liability company or
However, as Nick is unqualified for the position, the medical question is moot -- Nick would not be hired because he has no experience. Michelle has some past experience and would be under consideration. Under the terms of the Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy in employment. The Act does not explicitly prohibit Mei-Lin from inquiring about the pregnancy, but it is recommended that she refrain