Business law reflection question
REFLECTION QUESTIONS FOR CHAPTER # 22 (EMPLOYMENT LAW)
Read chapter 22 in the textbook and answer the following reflection questions. The answers are to be submitted for grading.
A. At the end of the chapter in Business Scenarios and Case Problems, read, reflect on, answer, and submit a response to Question 22-3 (Spotlight on the Civil Rights Act – Discrimination Based on Gender) on page 445.
B. At the end of the chapter in Business Scenarios and Case Problems, read, reflect on, answer, and submit a response to Question 22-10 (Critical Thinking Legal Question) on page 446.
REFLECTION QUESTIONS FOR CHAPTER # 23 SOLE PROPRIETORSHIPS, PARTNERSHIPS AND LIMITED LIABILITY COMPANIES Read chapter 23 in the textbook and answer the following reflection questions. The answers are to be submitted for grading.
Ref. Q #1. Two carpenters who are very talented at laying hardwood floors have been laid off from a large company in which they put floors down in high rise buildings. The worsening economy has resulted in hardly any high rise buildings being constructed and no more multi-million dollar commercial contracts for the firm so they are dropping a great number of employees from the payroll. The two carpenters have decided to go out on their own and see if they can get small residential jobs. What do you suggest that they do as they proceed into this new area?
Ref. Q #2 There is an old, failing shopping center that is up for sale. Donald, a real estate investor, has some ideas as to how it can be remodeled and with the right blend of store types can be a successful and thriving place again. But he needs money for his ideas. He has a few wealthy friends that he went to high school with – a successful doctor and a professional athlete. He would rather not borrow the money and he wants to approach his two successful friends. What would you recommend that he do? What form of organization should he try to set up?
Ref. Q #3 Two surgeons who work at a hospital handling ER patients have decided to leave and go into the area of cosmetic surgery. They feel that this is a profitable area but it is a business that should be across a few states. They are prepared to move around to do scheduled surgery across several states. They want to organize these activities in a business. What are their options? What do you suggest?
Ref. Q #4 A car dealership owner has been very successful and her business has grown. She got into this business when her father took seriously ill and she has been a genius on the car scene. She wants to expand into a few more locations. She has the capital to purchase the needed inventory. Since her father's death, she owns the business which is currently in her name. What do you suggest for this successful entrepreneur as to a form of organization to be used?
CASE FOR FORUM #2
PGA Tour, Inc., sponsors professional golf tournaments. A player may enter in several ways, but the most common method is to successfully compete in a three-stage qualifying tournament known as the "Q-School." Anyone may enter the Q-School by submitting two letters of recommendation and paying $3,000 to cover greens fees and the cost of a golf cart, which is permitted during the first two stages, but is prohibited during the third stage. The rules governing the events include the "Rules of Golf," which apply at all levels of amateur and professional golf and do not prohibit the use of golf carts, and the "hard card," which applies specifically to the PGA tour and requires the players to walk the course during most of a tournament. Casey Martin is a talented golfer with a degenerative circulatory disorder that prevents him from walking golf courses. Martin entered the Q-School and asked for permission to use a cart during the third stage. PGA refused. Martin filed a suit in a federal district court against PGA, alleging a violation of the Americans with Disabilities Act. Is a golf cart in these circumstances a "reasonable accommodation" under the ADA? Why or why not? [PGA Tour, Inc. v. Martin, 532 U.S. 661, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001)]
The court ordered PGA to permit Martin to use a cart. PGA appealed to the U.S. Court of Appeals for the Ninth Circuit, which affirmed the order of the lower court. PGA appealed to the United States Supreme Court, which affirmed the lower court's decision, ruling that a golf cart is a reasonable accommodation for a disabled athlete. PGA argued that making an exception to its "walking" rule would "fundamentally alter the sport of golf." The Supreme Court disagreed, stating that the "[u]se of a cart is not inconsistent with the fundamental character of the game of golf," PGA's tours, or the third stage of the Q-School. Golf is defined by "shot-making," not by walking. The Court explained that the ADA is applied case by case. In other words, "[t]he needs of a disabled person [is] evaluated on an individual basis." Thus, in this case, "[e]ven if petitioner's factual predicate is accepted, its legal position is fatally flawed because its refusal to consider Martin's personal circumstances in deciding whether to accommodate his disability runs counter to the ADA's requirement that an individualized inquiry be conducted."
Forum # 2 - PGA and the American With Disability Act
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First, read the Forum Case - PGA for week #5 Next, enter the Forum and give your opinion as to whether you agree or disagree with the Supreme Court's ruling in this case. If you were on the court, how would you have ruled? Has the game of golf been altered or equalized? Should ADA apply in this matter? Give your opinion and state reasons for your answer. Also, be sure to respond to someone in the Forum who disagrees with your position or comment on something that someone said that you found interesting.