Unfair Competition Protection Act Of 1964

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Pages: 6

I.
a. (1). All citizens of the United States employed or terminated by U.S. companies operating abroad are covered under their anti-discrimination laws. – Applicable Laws:
i. Title VII of the Civil Rights Act of 1964: Title VII of the Civil Rights Act of 1964 states, individuals are protected against discrimination on the bases of sex, religion, race, color, and national origin. It prohibits employees to be terminated based an assumption of their abilities and/or performance. Recruiting, hiring and promotions, transfers, performance measures, job training, discipline and discharge, wages, benefits, or any privilege of employment are unlawful or discriminate against. Title VII of the Civil Rights Act of 1964 would not apply if it violates
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The Act against Unjustifiable Premiums and Misleading Representations (AUPMR): regulates misrepresentation made by business operators in order to protect the benefits of general consumers. iii. The Unfair Competition Prevention Act (UCPA): regulates unfair methods of competition, such as misleading description of goods, misappropriation of trade secrets. Focuses more on protecting private parties from the unfair competition by giving injured parties the right to seek an injunction and damages. iv. Labor Standards Act of 1947: sets forth minimum standards of working conditions. The Labor Standards Act of 1947’s goal is to ensure that working conditions meet the needs worthy of human beings. The advantage of the Labor Standards Act of 1947 is that there is an established standards for workers safety, also seen in The Japanese Industrial Safety and Health Law.
v. The Japanese Industrial Safety and Health Law (ISHL): The potential disadvantage would be the differences in working condition standards applying to health and safety between Japan and the United States. The view of working condition standards can harm the companies view back in the United States based on the differences in
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Lack of skilled workers in the United States and abundance of highly talented skilled labor force overseas.
3. Expanding global presence.
4. Pressures to cut costs and increase profits.
The following are the most common ethical implications of outsourcing:
1. One of the main reasons of negative criticism towards outsourcing is the association with “sweat shops.” It is an expression used to describe facilities in foreign nations where employees received unfair wages in poor working conditions.
2. During periods of unemployment, many companies face scrutiny for outsourcing. The idea is that businesses should promote employment rather than choosing the less costly choice.
b. Employment: Wages and working environment are often inferior to the United States. Applying U.S. standards usually are unrealistic and often disrupts the established market. Standards must guarantee a living wage, safety of workers and establishing number of hours worked.
c. Corruption: Under the FCPA making payments to secure business is often illegal. Finding large sums of money requires business in the country, meaning that a reevaluation must be made.
d. Human Rights: The environment can potentially harm the company. Company support for human rights improvements under the current regimes can affect the company