Legal and Regulatory Environment - Essay Example

Mongo offered Quinn to work for their subsidiary company in Saudi Arabia. Quinn signed a form of contract that provided for a ‘Recital of International Employment Conditions,’ which guaranteed him that, if his performance would be found satisfactory, he would proceed for the job until the Mongo advised with an accompaniment of a four week written notice that his services were no longer needed (Human Resources in the Legal and Regulatory Framework, 466-505). The legal issues in this case include whether the contract between Quinn and SAMCO was legitimate ab initio, whether there existed a separate employment contract between Quinn and SAMCO and whether Quinn was a SAMCO employee, whether SAMCO erred in failing to integrate the likely interference by the government over the contract it made with Quinn, though the Royal Commission had managed to establish contractual mandate to alter at its own discretion personnel employed by SAMCO, bearing the fact that the government of Saudi Arabia is characterized with forms of employment discrimination such as age, and whether Mongo bears any responsibilities over SAMCO’s actions in another jurisdiction.

The US legislation on Discrimination in Employment Act protects the populace above 40 from age prejudice (Metzger). Under this legislation, an employee has to prove that ‘he or she was within the cosseted age cohort, was qualified for the position at issue, suffered an adverse employment action, and was replaced by a sufficiently younger person.’ As a judge, if the plaintiff can prove these four elements, then a legal case suffices to stand trial. Did Hammer and Mongo act ethically? Would you have acted differently?

Be sure to support your response with reference to ethical theories. The Age Discrimination in Employment Act of 1967 (ADEA) ‘protects persons forty years or older from discrimination based on age. The legislation proscribes age favoritism in providing employees benefits and establishes minimum standards for waiver of one’s rights under the ADEA.’ It prohibits age discrimination in employment with respect to individuals aged forty years or older. In 1991, Congress amended Title VII to protect U.S. citizens employed in a foreign country by a U.S. employer.

The Enforcement Guidance on Application of Title VII and the Americans with Disabilities Act provides that for a nationality of an entity to be determined by the entity’s place of incorporation, the principal place of business, contacts within the United States, the nationality of dominant shareholders and/or those holding voting control, and the nationality and location of management have to be taken into account (Lindemann, 2003, p. 9). Section 109 of the Title VII provides that “it shall not be unlawful,” under either Title VII or the ADA, for an employer to act in violation of either statute if compliance would cause the employer to violate the law of the foreign country in which the employee’s workplace is located (Jerry).

For example, an employer may be permitted to deny employment to women in a country that prohibits women from working, even though this practice violates Title VII. Hammer told Quinn that Quinn would have a problem as his grey hair showed that he was ‘over fifty,’ and people over fifty were ‘regarded with suspicion’