Business Entities, Laws, and Regulations Paper

Business Entities, Laws, and Regulations Paper

BUS 415

Art Heitz

June 20, 2012

This paper will discuss two separate businesses and a construction scenario. The discussion will cover the business entity that represents the best choice for each business, taking control, taxation, and liability issues. This paper will also identify laws and regulations each business must consider when starting the business, and identify risks for which each business must protect itself. Where applicable, this paper will identify and discuss the employment laws and regulations with which the business must comply in making a decision.

The Construction Scenario

In this scenario, Mei-Lin is the hiring manager for Surebuild, Inc, which is a new business. Mei-Lin has advertised a position for a jackhammer operator. The position’s description states that the successful applicant must have a high school diploma. Out of the four applicants, only two of them meet the position description of having a high school diploma. The other two, despite age and race, will not be considered for the position because they do not meet the requirements for the position. Of the two qualified applicants, Michelle has experience but she is pregnant, and Nick has no experience and he is epileptic.

Surebuild, Inc must comply with Title VII of the Civil Rights Act. Each of the applicants is considered a protected class under this amendment, however, only Michelle and Nick are qualified for the position. Michelle is protected by the Pregnancy Discrimination Act of 1978, and Nick is protected by the Americans with Disabilities Act (ADA) of 1990. Nick would probably be the best choice for this position because:

1. Reasonable accommodations could be made for account of his disability.

2. The position description does not require previous experience.

3. It would be unreasonable for Michelle, being pregnant, to perform the duties of this position without bringing possible, and very likely, harm...