The decision of the SupremeCourt in“Nat`lFedn. of Indep. Bus. v. Sebelius,567 U.S. ___, 2012 U.S. LEXIS 4876 (June 28, 2012)” touphold the constitutionality of the ObamaCare was an important steptowards affordable healthcare in the United States. The judges madereference to the “NLRBv. Jones & Laughlin Steel Corp of 1937” wherethe Supreme Court argued that the national labor relations act of1935 was constitutional. The Judges made reference to the casebecause the legislation faced similar challenges. The both cases,there were arguments that the constitutionality of the legislationswas in question.
Theprovisions of the standard of conduct do not violate the NationalLabor Relations Act.
Theprovisions of the confidentiality policy do not violate the NationalLabor Relations Act.
Thesexual harassment policy violates the spirit of the National LaborRelations Act. This is because blanket confidential rules in theinvestigation of sexual harassment in the work place violate therights of the employees. According to section 7 of the act, theemployer should proof that the “witnessesneed protection, evidence is in danger of being destroyed, testimonyis in danger of being fabricated, or there is a need to prevent acover up”. Otherwise, the employer should provide the informationrelating to sexual harassment accusation to interested party(Perritt,2012).Therefore, the accused has the right to know what he or she theaccusation against him and respond accordingly. Sharing thisinformation should not be at the discretion of the employer.
The act extends itsapplication to work related conversations in the social media such asfacebook and twitter. The social media policy does not violate theprovisions theNational Labor Relations Act.
Perritt,H. (2012). EmploymentLaw Update2012.Aspen Pub.