Introduction

The average person when asked about law they think of the laws that keep society from going into chaos; stealing, murder, underage drinking, speeding just to name a few.  In business however, law is there to protect the employees as well as the business itself.  Discrimination of age, sexual orientation, nationality is a form of a law that cannot be broken in business as it is there to protect the employees.  Tax laws are in place to make sure the business itself is reporting all income and expenses and that their profit for the year is accurate and not inflated to look better than competitors.

This paper will attempt to help determine the role the U.S. legal system plays in an organization such as Church & Dwight. The risks of traditional litigation and measures for business managers to take to reduce those risks. In conclusion the paper will discuss comparing/contrasting ADR and traditional litigation within an issue that Church & Dwight has encountered.

U.S. Legal Systems

The Federal Trade Commission helps to prevent deceptive and unfair business practices (USA, n.d.).  Not only does this protect the consumer from buying misrepresent product but it also helps to prevent an organizations product from being misrepresented.  As Church & Dwight is a large manufacturer and supplier of Trojan condoms you would not want to buy a condom that says Trojan just to find out it is a knock off from a generic distributor that does not follow the safety and quality guidelines of Church & Dwight.  The Federal Trade commission offers many benefits, this is just one example.

The EEOC (Equal Employment Opportunity Commission) enforces laws that pertain to discrimination of employees based on age, nationality, race, religion and more (U.S. EEOC, n.d.).  Church & Dwight was not always so diverse in their workforce.  This is an area that has gotten better over time and due to continued growth is something that they have had to accommodate.  Finding people with the skills needed for operating heavy equipment safely has been an eye-opening experience for Church & Dwight and they have really come to realize that old or young, male or female, all individuals can meet their specifications.

Risks of Traditional Litigation/Reducing Those Risks

A current risk that Church & Dwight has just come face to face with is workplace safety and injuries.  An equipment operator was hit by another equipment operator and completely crushed the guys leg.  Being an experience operator myself at one time and being present at the time of injury it was quickly assessed that numerous safety rules were not followed by the operator who caused the injury. 

This entire incident could have been avoided.  Business managers can reduce this risk by looking at existing training policies that are in place and what the consequences are for not following the safety aspects of this training.  Documentation that this training has taken place and periodically following up with random safety questions.  Keeping the safety rules in constant view and memory will enforce the do as I say not as I do mentality as there will always be an operator that wants to take a short cut.

Dispute

Arm & Hammer class action suit filed says laundry detergent is underfilled.  A consumer bought a large bottle of laundry detergent assuming it was filled to the rim.  Once open, the consumer noticed that it was not filled, that it was an oversized bottle with advertised ounces. 

Feeling cheated the consumer filed a class action lawsuit (LaFreniere, 2016).

The ADR chosen for this dispute is Conciliation.  Having a third party to help resolve the dispute who also has knowledge of producing laundry detergent and why the bottle may need to be larger than the consumer thinks it should be is helpful.  The consumer may not realize why the bottle is larger than they would like it to be.  The conciliator can explain the process of filling bottles and/or the process of manufacturing the bottle itself giving the consumer valuable information.  At the end of the day this could be a big misunderstanding or of a person’s lack of manufacturing processes. The conciliator is a neutral party.  This individual does not take sides, they will not tell you what decision to make nor will they decide who is right or wrong.  Their purpose is to state the facts and educate individuals about the processes that are included in the dispute.

Conclusion

Law is needed in every aspect of this world.  Law in organizations helps to create a pleasant and safe working environment for all individuals.  One that offers no discrimination, has the same promotions and wages whether you are male or female.  Law helps to make sure the consumer is getting what they are paying for.  Law also helps to ensure that an organization is properly reporting income and expenses.  Law also benefits the employers but keeping other entities from using their name, their products names, or anything similar.  Law is needed.

References

LaFreniere, M. (2016). Arm & Hammer Class Action Says Laundry Detergent is Underfilled Retrieved from https://topclassactions.com/lawsuit-settlements/lawsuit-news/334018-

arm-hammer-class-action-says-laundry-detergent-underfilled/

U.S. EEOC (n.d.), U.S. Equal Employment Opportunity Commission Overview Retrieved from

https://www.eeoc.gov/eeoc/

USA (n.d.), Federal Trade Commission Retrieved from https://www.usa.gov/federalagencies/federal-trade-commission