Business Law C12V
Assignment 04
Business tactics and American with Disabilities Act
A trade secret is a information with the formula, device, method or process used by a company to manufacture its product. The secret plan or program that is not generally known by the public to make the company more successful. The Coca-Cola Company is one of the world's largest beverage company and best-kept secrets formula for over a century now. It is the world's first soft drink and it's formula was invented by John Pemberton in 1886. It's formula was also called secret recipe in the late 19th century. At first, to protect the secret formula from the public this company considered a license or government authority. After given government protection for this secret formula for 17 years until 1903, the Coca-Cola company decided to keep this formula as a trade secret for a lifetime rather than to file a patent because of its high market demand. Since then this company has given a priority and efforts to keep the formula a secret by spending a large amount of resources. To keep the formula secret from its competitors Coca-Cola company has gone through different lawsuits by the US government. Since 1886, this formula was kept with John Pemberton and small group of top executives of coca-cola company. From 1919 to 1925 it was kept in a Guaranty Bank in New York. Then 1925 to 2011 it was kept in a SunTrust Bank. From 2011 this formula was transferred in a World of Coca-Cola in Atlanta.
Every big company has many challenges in its every steps of success. Like this Coca Cola company also faces many challenges from the undercover agent of the government because of its increasing number of employees and with company's profit. One of the biggest challenges faced by this company is claim or case filed in a court by the competitive national and international companies and government of United States of America. Many people used to say that Coca Cola is not good for a health and it can cause many diseases. Coca Cola company is facing challenges starting from 1911 by the Supreme Court of United States to 2011 by Ballotpedia in the state of West Virginia. It is almost sure that Coca Cola company will face more challenges in future, because of its world famous successful trade secret which has created one-hundred-year-plus in history.
The Coca Cola company would choose to protect its soft drink formula as a trade secret because the top executives saw an endless life in a market by its huge demand. There are two main reasons to protect this trade secret. (1) This formula is very important and beneficial for the company as a secret because if this formula goes in the hand of the competitors in a market it is valueless or profitless. That’s why the Coca Cola company decided to secure this formula as a trade secret for the entire life rather than protect this formula as a Patent for 17 years. This formula is a nonstopable and unfinishable way to run this company in profit. The age of Coca Cola is depend on its secret formula. (2) The secret formula of Coca Cola is the heart of its company. This formula is a intellectual property. It could have followed a copyright of this secret formula, but that would also reveal the secret of Coca Cola to the public. Additionally, copyright is a written statement which would only secure the formula but it would not protect the main key which makes the formula distinctive or special which helps to run the company.
The American with Disabilities Act (ADA) which was signed into law by President George Bush on July 26, 1990 for the protection of the people suffering from physical or mental disabilities and prohibit discrimination against these type of people. The ADA helps to protect handicapped people in different ways: in a employment sector, public accommodations, telecommunications, state and local government services and many more in private and public areas. The ADA is only to those types of peoples who has a physical or mental impairment that substantially limits one or more major life activities, record of substantially limiting condition and regarded as having such an impairment. An individual with a physical disorder whose inside or outside parts of his/her body are affected. For example, blindness, deafness, dumbness, people who have lost their body parts such as legs or hands and uses wheelchair , people who are suffered from cancer, autism, diabetes, HIV/AIDS, muscular dystrophy and etc. But in a mental disorder, people have a problems of specific learning disabilities, organic brain syndrome, mental illness and many more. It can leads to major depression, obsessive-compulsive disorder and post-traumatic stress disorder. If there is a discrimination against the individual who is affected from physical or mental disorder by a employer, it means he/she is violating ADA.
The American with Disabilities Act (ADA) does not cover some of the physical and mental disorder or illness or impairments. Temporary diseases of a short duration like common colds, headache, cough and diarrhea are not called disabilities. People who are suffered from a non chronic impairments for a few days, months or a year cannot be compared with those who are handicapped for their entire life. For example, diseases like common influenzas, broken bone expected to heal completely, seasonal allergies, appendicitis, sprained joints and minor and non-chronic gastrointestinal disorders. These types of diseases are for a certain time. People can live a normal life as before after suffering from these types of diseases. An illegal drug addict or an alcoholic is a good example which are not covered by the ADA. People who uses or used to such illegal drugs and an alcoholic person has a higher chance to recover if they participate in a rehabilitation program. Similarly, pregnancy is also not considered a disability under the ADA. Pregnant women are given 6 months of maternity leave from the company and can rejoin her work after 6 months. It is also a temporary condition to be disabilities.
The world's first statement announced for the equality of the disabled or handicapped people which was passed by Congress and signed by President George Bush into law in 1990. After a lot of decisions, the Supreme Court of United States reduced the limit of protection of American with Disabilities Act. Congress's main purpose is to provide the several facilities to raise up the living standards of the handicapped people. The definition of disability was taken from the word 'handicap' by Congress used in the Rehabilitation Act of 1973 and this act was interpreted by the Supreme court and other courts. Under this act, it was mentioned each persons with a broad area of physical and mental impairments and a disable person was typically 'accepted' and the court moved to the advantages of the claim. But unfortunately, the courts did not accept the disability under the ADA. Courts interpreting the ADA involved in a long, difficult process to decide whether a disability covered exist under the law, a process that the people with disabilities are looking for a protection from discrimination. Later Congress achieve its goal by American with Disabilities Act Amendments Act and makes changes the meaning of 'substantially limits' and of 'major life activities'. ADAAA was very important for the people with disabilities and it was a victory for them. ADAAA makes a society free from discrimination.
References
Henry Cheeseman (2013). Business Law: Legal Environment, Online Commerce, Business Ethics and International Issues (8th Ed.). Boston: Pearson.
Walter Judge (2012, January 12). Protecting Trade Secrets. Retrieved from http://theipstone.com/2012/01/12/protecting-trade-secrets-eight-questions-businesses-need-to-ask-and-answer/
Norman H. Kirshman & Roger L. Grandgenett II (1997). ADA: The 10 Most Common Disabilities and How to Accommodate. Retrieved from http://legalbrief.com/kirshman.html
Kenneth W. Clarkson, Roger LeRoy Miller & Frank B. Cross (2010). Business Law: Text and Cases: Legal, Ethical, Global and Corporate Environment (12th Ed.). Boston: Cengage Learning.
