Strayer University Air Traffic Controller Discussion

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Part one

Leo works for FLYME Airlines as an air traffic controller at a busy city airport. For the last two years, his health has been deteriorating. He sits all day, does not exercise, has gained 28 pounds and has slowly developed high blood pressure. Leo recently had a heart attack and is worried the stress of his job will be too much for him. He is nearing retirement but does not want to stop working. You are Leo's boss and not happy with his job performance or his physical or mental state. You are worried about his personal health and more so, his ability to do the job safely and the safety of others.

Respond to one student:

Cassandra Calhoun

RE: Week 10 Discussion

Hello Everyone,

In the case of Jamie Best, I do not believe that the testing policy is a violation of Title VII unless the aptitude test was designed to discriminate or create a disparity in the test when it came to African Americans or a particular group. Under Title VII there, four elements were established to establish a prima facie case they include :

belonging to a racial minority

The applicant applied for and was qualified for the job,

The applicant was rejected although fully qualified

The position remained open, and the employer sought applicants after not hiring the eligible applicant.

However, Disparate impact cases don't require these four elements, and the employer must be able to justify the test as necessary for job function and as the procedure under the law.

There are a couple of forms of sexual harassment, including:

Quid pro Quo- This type of sexual harassment consists of a manager or leader that makes sexual advances to an employee that also carries a threat of consequence if they do not agree to their sexual advances. An employer may be held liable

An atmosphere of Harassment- This is when a hostile work environment is created due to the vulgar actions or comments, derogatory, suggestive, and offensive behavior that has become commonplace in the workspace/environment.

It is somewhat unique regarding Lori's case, given that Benjamin has a mental disability. It appears that his intent was not to make Lori feel uncomfortable, especially since he hugs all his employees in the morning. Although the company has continued to explain and train Benjamin on the company policy around sexual harassment, it is clear that Benjamin does not understand or comprehend that this type of behavior is inappropriate in the workplace. If Lori were to file a civil suit, she would have to prove negligence on the part of Benjamin and that the supervisor or employer did not provide:

  • Inadequate security in a workplace.
  • Failure of corrective action by the employer.
  • Proof of the alleged abuse.

Even with this proof, because Benjamin's actions do not intentionally create a hostile work environment, then the culpability element may hinder Lori's case.

References:

Jennings, M. M. (2017). Business It's Legal, Ethical and Global Environment. Boston: Cengage Learning.

Cornell Law School: Sexual Harrasment. (2021). Retrieved from Cornell Law School: https://www.law.cornell.edu/wex/sexual_harassment

Part two:

Discuss the following:

1. In today’s economy, there are powerful companies who in all appearances control massive segments of different markets. Using the NEXIS-Uni Legal Database or the FTC website below, research and provide one company and case in the last five years that has (or might have) have engaged in anti-competitive behavior. Explain why the activity is anti-competitive OR, if the case was litigated and the court found otherwise, why not? (Do not write on Amazon, Google, Facebook, Qualcomm, Samsung or Apple - try to find a local company in your home state).

Nexis-Uni link: https://libdatab.strayer.edu/login?url=https://www.nexisuni.com

Federal Trade Commission: Cases and Proceedings: Advanced Search | Federal Trade Commission (ftc.gov)

2. Identify and explain what Horizontal restraint of trade is and Vertical restraint of trade from the chapter reading and provide what type of action your example above exhibits. Substantiate your response.

Jomaxim Jolo

RE: Week 8 Discussion

Fact

In this case, Ralph Peterson, a medical doctor alleges that various defendants associated with Sutter Network of healthcare facilitates and unlawfully steer away unprofitable procedures, give kickbacks to physicians to comply and punish physicians who do not comply.

In his allegation he asserts that the Medical Board of California facilitated these activities by using its disciplinary authority against physicians, like him, who will not comply. He contended that this was anti-competitive behavior.

The court ruling

The Defendant-Sutter Network of Heathcare filed a motion to dismiss the case on grounds that the plaintiff case lacks subject Matter Jurisdiction, failure to state a claim, Official Capacity, Antitrust claim, absolute immunity, and HCQIA claim.

The court granted the defendant’s motion in part. The Medical Board of California (MBC) defendant’s motion was granted with prejudice to the extent the FAC is against the state of California and the MBC on the state-law claims against the MBC Defendants. It was granted with leave to amend on the federal claims against the MBC defendants.

The sutter defendants’ motions was granted with prejudice on the HCQIA claim. It was granted with leave to amend on the federal discrimination, Unruh Act, intentional interference with contractual relations, business disparagement claims. The court denied in part on the other claims.

My opinion

I think the court decision was right based on the issue of law and precedence because the plaintiff could not prove his claims against the MBC. However, I do agree with the plaintiff allegation that the Sutter network was involved in anticompetitive behavior considering the issues of punishing doctors for not complying with the Sutter network policy and also the act of steering away unprofitable procedure was anticompetitive in my opinion as well.

Peterson v. Sutter Med. Found., 2022 U.S. Dist. LEXIS 19241 (strayer.edu)

Horizontal Restraints of trade are mechanisms designed to lessen/reduce the competition among a firm’s competitors, whereas Vertical Restraints are series of steps involved in getting a product from its creation to its ultimate consumer.

I strongly believe that the issue with Sutter Network was purely the use of horizontal restraints because the Sutter Network tried to reduce competition amongst its competitors by engaging in unlawful behavior of steering away from unprofitable procedures.

According to the case filed by the Peterson, it is clear that the Sutter Network was involved in anticompetitive behavior by using the horizontal restraints of trade by requiring doctors like Peterson to venture into steering away from unprofitable procedures.

With this act, I believe that the Sutter network was trying to lessen the competition amongst its competitors.

Multimedia

After reading Chapter 14, you will examine why competition is important in our economy and the laws that have been put in place to ensure that "monopoly" remains a board game and nothing more.

  • What Is Antitrust?
    • This brief video explains what "antitrust" is and how it came about.
    • Time: 1:57.
  • Monopolies and Anti-Competitive Markets: Crash Course.
    • This video provides an overview of monopolies, the dangers associated with monopolies, and some of the steps that our government has taken to ensure that our market remains competitive.
    • Time: 10:16.
  • What Is an Antitrust Law? Why Is It Important?
    • Antitrust law exists to benefit businesses, not to hinder them. This animated video explains the importance and purpose of antitrust laws.
    • Time: 1:27.
  • What Is Antitrust Law?
    • This video gives another perspective on what antitrust law is, why it came about, and why it is beneficial to our economy.
    • Time: 2:24.

Part three

Discuss the following:

  • Looking back on the topics covered in this course, which do you see as being most relevant to your current job or the job you’re seeking to obtain once you have earned your degree?
  • In what ways has this course changed the way that you think about legal and/or ethical issues AND possibly the decisions you make or will make going forward?

  • Respond to one student:
  • Hello Professor Baggot,
    Thank You for your support and availability throughout the course. It would not have been easy to get through some of the material and assignments without your feedback and expertise! I also appreciate the feedback and expertise of Professor Fancy.
    I have to be honest, law has always been a "boring" subject for me. Perhaps I was discouraged because I never really took the time to understand and evaluate it. You challenged my thinking and kept my interest with the case examples and research. I certainly recognize the importance of this class and how it will benefit my future career endeavors.
    I also found the textbook to be very helpful and pretty easy to navigate/read. I will definitely keep it in my "toolkit."
    Keep up the good work at Strayer and in your work in the state of Michigan!
    Thanks again for everything!
    Sincerely,Tobi Gaff

  • Niraj Kumar Gupta
    Hello Professor and classmates,
    This is my 7th course in the MBA program. Legal and Ethical topic sounds interesting. I spent a lot of time reading and writing cases and assignments respectively. I struggle many times to understand legal terminology and abbreviations Sametime language in the law is a little difficult to understand because it has to be void of different interpretations. The coursebook is divided into four parts name as legal and ethical environment, regulatory environment, contracts, and management & governance. Learning the contract creation and benefits are the most relevant at this point of time in my role. As I am part of a Production support team and share various reports with internal and external leadership. Knowing legal, ethical, crime, torts, and discrimination are good to have. Overall, I could say, now I know the US court hierarchy and can name it a few laws and torts. However, the course is not directly related to my current job, as Verizon is a big organization and has a legal team separately to handle most such instances and cases. But course work was very well articulated and presented to us. Though assignments were lengthy and required many hours of reading and writing. Indeed this course enhance my business legal knowledge and made me familiar with the law.


    In general, citizens don't know the law until face it someday. Legal exhibits action in accordance with the law. Whereas Ethics exhibits concepts of right and wrong behavior. Both can co-exist, but not always. Business ethics enhances the law. There are many such cases where the action is legal but ethically incorrect. So as part of this course, we learn the definition of legal and ethical in business which can help to resolve an ethical dilemma. In general, congress creates laws and courts create torts. I learned laws and torts in this course that can solve disputes related to personal injury, help in filing lawsuits. Also tried to understand civil/criminal laws and liabilities which can avoid unlawful actions and consequences perhaps liabilities settlements. Businesses are facing many ethical challenges and communicating to their employees timely. After completing this course, we will use due diligence before acting on unethical behavior, discrimination, social media posts, harassment at the workplace, health and safety, technology and privacy, etc topics. Thanks to all my classmates and best wishes for the rest of the course. Hopefully, a few of us will meet once again in the next semester :) Source:Marianne Jennings. 2018. Business: It's Legal, Ethical and Global Environment

Explanation & Answer:
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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.PART TWO

Law Discussion Questions
Student Name
Instructor
Course
Date

Part Two
Illumina Inc.
To stop Illumina's grand acquisition of Grail corporation, the Competition and Markets
authority submitted an administrative complaint and authorized a preliminary injunction lawsuit.
Grail is a well-known corporation that manufactures a non-invasive, early diagnostic molecular
diagnostic test that can monitor for various types of cancers in asymptomatic individuals at very
initial stages using genetic analysis, which is an instance of anticompetitive conduct. However, in
the U.S., Illumina Company is the only sequencing technology vendor that can get used for the
timely identification of these multi-cancers.
According to the complaint, the planned purchase will reduce MCED testing development
in the United States. Countless lives might get saved if the diagnostics got used to identifying
approximately 50 different types of cancer, many of which are not currently checked for. Grail is
one of several companies competing to establish these molecular diagnostic procedures, which use
Genetic analysis to assess a person's blood or other fluids.
For NGS instruments and disposables, Illumina can hike costs billed to Grail rivals,
obstruct their capabilities, or reject or postpone the execution of licensing terms that all MCED
developers require for their trials to be distributed to third-party research labs. Illumina can do all
of the above. Manufacturers have little or no alternative but to use Illumina's instruments and
reagents for the MCED tests.
Unfortunately, the court ruling is not yet attained, but I think the court decision will be fair.
However, I agree with the plaintiff's allegation that the Illumina Corporation got involved in
anticompetitive behavior considering the aim of purchasing Grill Company to reduce competition
and dominate the market of diagnostic testing, which is an anticompetitive behavior in my opinion.

I feel that Illumina Corporation's usage of horizontal restraints was solely responsible for
the company's inability to compete in the market since it attempted to acquire a viable competitor.
Illumina Corporation used horizontal trade restraints by demanding Grill Company to conform
with their terms and condi...


Anonymous
Just what I needed…Fantastic!

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