US Supreme Court ruled on standards for age descrimination

ruled that plantiffs need not prove "intentional" descrimination, just prove a form of disparate impact

To file a claim that you are paid less than male counter parts the plaintiff must prove that they are paid differently than men in the same job classification.

Courts will look for:

1. Jobs that require equal skill

2. Jobs with equal effort

3. Jobs that require equal responsibility

4. Jobs with similar working conditions

for defense to win lawsuit they can show that the wage difference was due to:

1. Seniority

2. Merit

3. a system that pays per quality or production

4. Any factor other than gender

1. There is no federal protection for these faggots

2. Any protection from "at will" firing comes from state and local jurisdictions

3. City manager of Largo, FL was fired after people heard he was undergoing a sex change

4. Companies involved in the political system have to decide whether to get involved (Microsoft)

WA state has banned discrimination against these flamers.

Justice Dpt. has juristiction to file lawsuits on behalf of consumers.

In 1999 Adam's Mark Hotel Chain was discriminating against blacks and paid $8 mil in relief

Applies to companies with 15 or more employees

During interviews employers can't ask about disabilities, but can ask about ability to do a job.

Employees are required to make reasonable accommodations  that don't cause undue hardships to the employer

Someone who:

1. Has a physical or mental impairment that substantially limits one or more of his or her major life activities

2. has a record of such impairment; or

3. is regarded as having such an impairment

mental retardation, paraplegia, schizophrenia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, HIV, visual speech and hearing impairments, recovering drug addicts and alcoholics

if alcoholics or drugs users are messed up at work then they aren't disabled under the act

The Modern Era of Environmental regulation

National Environmental Policy Act

Environmental Impact Statements

period began in the late 1960s and early 1970s

(1969) imposes environmental responsibilities on all levels of federal govnt.

studies the effect of projects on the environment, and are required for major govnt programs

Command and Control

(Environmental Regulation)

The idea that govnt will set a "rule" which applies to all industries the same way. hard to do since not all industries are the same.

high cost cuz of lack of flexibility

Flexible Enforcement: much cheaper to have 90% compliance rather than the full 100%

Market Incentives

(Environmental Regulation)

Taxes can be levied on industry, ex. every per ton of air emissions.

taxes are then used by govnt to clean up waste produced by the industries

information disclosure

(Environmental regulation)

industries must release any of 650 pollutants and how much they have emitted.

emissions of these chemicals has declined 49% since then due to the bad PR that comes with being on the list.

Voluntary Regulation

(Envir. Reg)

Companies sometimes do things voluntarily in order to prevent governmental regulations.

Ex. Movie ratings

Congress authorized the EPA to make the rules that apply to industries.

EPA uses a complex formula of cost benefit analysis that takes into account the risks associated with industry "doing something", and then measures these perceived risks against the costs of abating/minimizing the risks.

EPA cost benefit analysis:

Risk Assesment

takes into account:

1. Hazard Assessment- establishes a link between a substance, such as a chemical, and human disease

2. A dose-response assessment- a qualitative estimate of how toxic a substance is to humans or animals at increasing levels of exposure.

3. Exposure assessment- the study of how much a substance humans absorb through inhalation, ingestion, or skin absorption.

4. Risk Characterization- an overall conclusion about the dangers of a substance in the form of a detailed, written narrative describing the scientific evidence

risks are acceptable when reduced to 1 in a million or lower

EPA

Legal and Political Considerations

Congress passes laws that regulate risk.

Sometimes they give EPA the right to make rules.

However, EPA is run by the Executive Branch and the President could have different ideas

Cost-Benefit Analysis

required for rules with costs of over 100 mil.

Calculates the benefits vs. costs in dollar amount of a proposed action.

Costs= enforcement costs, capital and compliance costs to industry, potential job losses, lost net benefits like cost of substitute for banned substance

Benefits= lives saved, reduced medical costs, increased tourism, and heightened aesthetic appeal

first significant legislation was the Clean Air Act in 1963.

Transportation- 1963 amendment to the Clean Air Act required a 90% decrease in carbon monoxide and hydrocarbons from exhaust

Stationary Sources (smokestacks)- establish air quality standards, decrease mercury pollution for coal fired powerplants

Smoking (indoors/outdoors)- Mostly local regulations, WA has a 25 ft from a door rule

Major sources of pollution are industrial, municipal and agricultural.

Safe Drinking Water Act requires the EPA to set limits on particulates that can be present in drinking water

created in 1980, funded by more than 1.6 bil authorized by Congress. The money pays for large scale cleanups.

liability for superfund is "joint and several" meaning that even if you only generated a fraction of the hazardous waste can be liable for all the clean up costs

1. The right to make an informed choice among products and services;

2. right to have accurate and adequate info, upon which to base a decision;

3. the right to expect that the consumer's health and safety will be protected in the marketplace;

4. the right to a full and fair hearing in cases of dissatisfaction

1. complex products complicate the choices consumers make when shopping

2. Services have become more specialized

3. Things may get distorted through advertising

4. product safety has often been ignored, in the past

1. provide better info to consumers, prior to purchase, while limited deceptive advertising

2. protect consumers against possible hazards from products they purchase

3. promote competition among businesses

4. protect consumer's privacy ie. medical records

FTC is an executive branch agency. prevents unfair and deceptive trade practices by

1. Protecting the public from false and deceptive advertising

2. regulating packaging and labeling to prevent fraud

3. prohibits credit discrimination

4. prohibits false practices in door-to-door and mail order businesses

misleading or incorrect is deceptive advertising. Ads can be deceptive if:

The add is incomplete

Not supported by evidence

Puffery (exaggerated praise)

Labeling and Packaging Laws

Nutritional Labeling and Education Act

Both federal and state laws forbid deceptive packaging. Labels must be accurate and easily understandable

Nutritional Labeling and Education Act requires that the nutritional content of food be disclosed

protect consumers from "unreasonable risk of injury from hazardous products." Can set standards and ban the manufacturing of dangerous products. (Ex. polly pocket magnets, width of cribs).

Try to work with industry to develop voluntary standards. (ex. bicycles, cig lighters, swim pool covers, lawn mowers)

mandates minimum safety equipment in cars, establish fuel economy standards, conduct R & D for new vehicle safety equipment

safety contributions: seatbelts and airbags, collapsible steering columns, padded dashboards

oversight over 25% of economy.

Food: monitors food and sets limits for additives, can order changes in how food is labeled, can order foods off the shelves if deemed unsafe or spoiled

Drugs: authority to require drug companies to establish that its products are both SAFE and EFFECTIVE before marketing to the public.