AgencyTransactions and Employment Law
AgencyTransactions and Employment Law
PARTA. The Coca-Cola Company
TheCoca-Cola Company founded in 1892 in Atlanta, Georgia, USA by AsaGriggs Candler and is now the world’s leading beverage Company. TheAmerican multinational beverage corporation offers more than fivehundred brands all over the world and is best known for its Coca-Colaproduct invented by John Smith Pemberton in 1886. The companyproduces syrup concentrate which is then distributed to variousbottlers the world over. The company has come under criticism severaltimes due to some unethical issues surrounding its operations (Hays,2005). However the company is a brand name worldwide due itsaggressive advertisements and continues to generate a very highincome.
TheCoca-Cola Company’s Trade Secret
TheCoca-Cola Company keeps the recipe for its Coca-Cola syrup a secretknown by few loyal employees, both as a marketing strategy and as away to protect its intellectual property. The curiosity by consumerson the secret recipe has worked to publicize the brand. Initially theproduct was made from coca leaves which have little content ofcocaine and claimed to possess health benefits while stimulating thebrain. In 1903 Coca-Cola, removed cocaine from its product andreplaced it with caffeine. This is, however the much the company waswilling to reveal. Different ingredients have been brought forth inan effort to reveal the company’s secret recipe: the Pembertonrecipe by John S. Pemberton the founder, Reed recipe by John Reed,the Beal recipe and the Merory recipe. However, the mystery remainson the actual recipe. The physical security of the formula is alsosafeguarded and it was previously kept in Guaranty and SunTrust Banksbefore being moved to the company’s headquarters in Atlanta in 2011(Hays, 2005).
Challengesin Preserving Trade Secret
Withthe advent of technology the company is under great risk ofplagiarism, which is a term used to describe the replicating oneswork. Many companies have tried to replicate the recipe using reverseengineering, although the end product does not match Coca-Cola’sproducts. This includes the Company’s greatest rival Pepsi Company,which had tried to get the formula from a Coca-Cola employee.However, this was interjected and the perpetrators behind the actwere charged. Moral issues by consumers regarding the secret recipehave also been a subject of discussion. Several lawsuits have alsobeen filed against the Coca-Cola Company and this is due to the factthat the recipe is unknown (Hays, 2005).
Reasonsfor using Trade Secret
Ina bid to protect intellectual property the Coca-Cola Company hasadopted trade secret because it is the most effective way to retainexclusive rights. The Coca-Cola Company’s recipe is the longestrunning trade secret. The risks involved are great and so are thereturns and therefore the Coca-Cola Company has adopted this methodto safeguard its intellectual property. Another reason why theCoca-Cola Company will continue to use its trade secret is the powerit has had in building the value of its beverages. More than seventymillion people around the world enjoy the Coca-Cola beverage everyday. This is due to its unique taste attributed to the secret recipe(Hays, 2005).
Thebest kept secret recipe of the Coca-Cola Company, which has lastedfor more than a century will continue to be relevant as long as it isunexposed to the competitive world. This together with the infiniteadvertisements and brand development by the Company world-widecontinue to guarantee huge sales. The company is also involved insocial activities, especially in third-world countries and this hasworked to its advantage in having personal appeal to consumers (Hays,2005).
PARTB. Americans with Disabilities Act
TheAmericans with Disabilities Act (ADA) was enacted into law in 1990 bythe Congress and was amended in 2008 under the presidency of GeorgeW. Bush. The act is a civil rights law which protects persons withmental and physical impairment from discrimination in employment,state and local government activities. According to the ADA, a personis considered to have a disability if they have a physical or mentalimpairment which limits one or more major life activities. A physicalimpairment is a disfigurement which affects the body system while amental impairment is a psychological disorder. On the other hand lifeactivities include body movements, eating, breathing, thinking andworking (Bowman, 2011). The act requires all institutions to makestructural amendments to ease access by persons with disability andhence experienced opposition from various institutions in itsformative years.
TheADA has established the impairments, which are to be considered asdisabilities and those, which are to be left out. The criteria usedto distinguish this are the condition, manner and duration which theimpairment substantially limits major life activities. Examples ofconditions which are considered as disabilities include Blindness orother visual impairment, Cerebral palsy and Cancer. Conditions whichare not considered as impairments under the ADA include pregnancy,old age and bisexuality or homosexuality (Bowman, 2011).
TheCourt’s interpretation of Disabilities
Sincethe ADA was enacted, there have been many court cases to justifywhether or not a particular impairment is a disability. Manyinstitutions also filed court cases in opposition to the costlystructural changes that were required in order to ease access bypersons with disability hence eradicate discrimination. However, thecourt system has enhanced ADA by giving recommendations on itsimplementations. This has worked well in establishing good ethics inhandling of persons with disabilities (Bowman, 2011).
Inthe cases of Murphy versus United Parcel Service Incorporation, andAlbertson’s Incorporation versus Kirkingburg in 1999, the courtheld that in determining whether an individual is disabled in thecontext of the ADA, mitigation measures must first be employed. Thisincludes medication and other artificial aids to assist individualswith impairments such as mental disorders. In the case of Bragdonversus Abbott in 1998, the court held that HIV infection qualifies asa physical impairment under statutory and regulatory definition. Theillnesses associated with the different stages of the disease affectmajor life activities, hence are a disability under the ADA. 1n 2001,the case of Casey Martin versus the PGA held that using walking aids,to a golf course did not alter the sport. This was a milestone inallowing disabled persons access to sporting clubs (Bowman, 2011).
Thefact that the court advocates for mitigation is enough justificationas to why these impairments should be considered as disabilities inreference with mitigation measures. This goes a long way in improvingthe well-being of persons with disabilities and also improvesproductivity when in work places. People with disabilities should betreated equal to the other individuals and should be given the rightto access leisure resources, including sporting activities andtherefore maximize their full potential regardless of theirconditions (Bowman, 2011).
Hays, C. L. (2005). The Real Thing: Truth and Power at the Coca-Cola Company. New
York: Random House.
Bowman, L. (2011). Americans with disabilities act as amended: Principles and practice. New
Directions For Adult & Continuing Education, 2011(132), 85-95.