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Government Role in Business

Anticybersquatting Consumer Protection Act. The Anti- OSHA’s basic premise is that employers must provide a
cybersquatting Consumer Protection Act (ACPA) was work environment that is safe and free from hazards that
signed by President Bill Clinton on November 29, 1999. may cause harm or death to their employees. In addition,
The purpose of the ACPA was to protect businesses from employers are obligated to follow occupational safety and
individuals attempting to profit using an identical or sim- health standards that are ordered by the secretary of labor
ilar name to that of an established business. Prior to enact- (OSHA falls under this department). Employers are given
ing the ACPA businesses had virtually no recourse against written guidelines so they know specific OSHA rules and
individuals who registered the names of businesses as regulations.
Internet domain names. Even after this act became law, In order to verify that organizations are complying
businesses still have the burden of showing that individu- with these regulations, OSHA can conduct surprise
als acted in bad faith when registering business names as inspections. Technically, employers can ask OSHA to
domain names.
show a search warrant before the search is executed, but
this is not normally done because OSHA can get a war-
GENERAL FEDERAL REGULATORY rant relatively quickly. OSHA investigators may inspect
AGENCIES the building, but an employer has the right to have a rep-
Federal legislation has also created agencies addressing a resentative accompany the regulators during the tour. The
broad range of issues, including the Equal Employment investigators review accident records and other documents
Opportunity Commission, the Occupational Safety and to verify that compliance has been maintained. OSHA
Health Administration, the Environmental Protection investigators also observe employees to verify that guide-
Agency, and the Consumer Product Safety Commission. lines set by the agency are followed (e.g., wearing eye pro-
tection).
Equal Employment Opportunity Commission. The If OSHA investigators believe that violations have
Civil Rights Act of 1964 prohibits discrimination on the occurred, they can issue citations against the employer. If
basis of race, color, creed, sex, or national origin. This law the employer agrees to pay a fine, OSHA will normally
applies to almost every private company, nonprofit organ-
inspect the building at a later date to ensure compliance.
ization, and government employer, although some excep-
If an employer believes that the fine or other sanction is
tions were granted to religious corporations, American inappropriate, a court order can be sought seeking relief
Indian tribes, and private-membership clubs. The Civil
from the fine or sanction. In rare instances, the secretary
Rights Act also created the Equal Employment Opportu-
of labor may ask for an injunction against an employer.
nity Commission (EEOC).
Injunctions are sought only in the most serious cases, such
The original purpose of the EEOC was to monitor
as those in which there is imminent danger to employees.
and enforce the provisions of the Civil Rights Act. Its
powers were enhanced in 1972 with passage of the Equal Environmental Protection Agency. One of the most
Employment Act, which gave the EEOC the power to file pressing issues in the United States is protecting the envi-
civil lawsuits in federal court and to represent a person fil-
ing a grievance. Prior to filing the suit in federal court, the ronment. A combination of pressure from consumer
EEOC must first try to settle the case out of court with groups, news media, and voters encouraged Congress to
the alleged offending company—an attempt to promote a pass legislation creating the Environmental Protection
more conciliatory approach to solving discrimination Agency (EPA) in 1972. Prior to the creation of the EPA,
problems and to reduce the number of court cases. The no single federal agency had control over environmental
company could agree, for example, to settle the complaint issues, resulting in fragmented enforcement and confusing
by paying a fine, ordering remedial steps to prevent fur- or conflicting codes. The EPA was created to act as the
ther discrimination, and/or working out the problem for focal point regarding all pollution issues (e.g., air, noise,
the original complainant. In large cases the EEOC may and water).
work with the Civil Rights Division of the Department of Congress has passed several laws addressing a host of
Justice in order to settle the problem. More information environmental issues (e.g., noise, pesticide, radiation, and
regarding the EEOC may be found at its Web site water pollution). When Congress passes a new law regard-
(http://www.eeoc.gov). ing the environment, it is the EPA’s job to enforce its pro-
visions with the powers contained in the legislation. One
Occupational Safety and Health Administration. example of the EPA’s power is that it can set acceptable
Enacted in 1970, the Occupational Safety and Health air-quality standards for a state. If air-quality standards are
Administration (OSHA), was designed to ensure safe and not met within a specified frame of time, fines or other
healthy working conditions in nearly every environment. punitive measures may be imposed on the offending state.

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