Thursday, December 26, 2019
Argumentative Essay About Anal Penetration - 1460 Words
In life, I have stated that I am willing to try almost anything. This is generally true, moreover, I love new experiences and the insights that they give me, but there were a few activities that I was still unwilling to try for a variety of reasons. I have always been curious about anal penetration. It was always something that I said I would NEVER do, but there was still something that intrigued me about it. Over the course of the last few years, I have slowly started to become more open to trying it. I thought through my hesitations about it and realized that I felt as though it was predominantly societal pressure not to do it, which was ultimately stopping me. Furthermore, I am a firm believer in not letting other peopleââ¬â¢s views on meâ⬠¦show more contentâ⬠¦I was able to be vulnerable and emotional with my partner. I felt like I could open up about what was working and what wasnââ¬â¢t without fear that they would become upset. I know deep down that they would neve r get frustrated with me about something going wrong sexually, but I feel like it has been ingrained in me to believe that they would. With the new found confidence that my partner and I instilled in myself, we were able to end up trying anal penetration with a finger about three weeks later. This was a wonderful experience. My partner gave me full control of what was happening. It was an amazing way to try it for the first time. It is always important to trust the person you are with and this experience reaffirmed my confidence in them. I havenââ¬â¢t been that sexually comfortable with another person in a long time. It is problematical in life to say that something is acceptable or not for we each hold our own opinions. I do believe that when it comes to matters of the bedroom that it is important to realize certain undertakings are absolutely none of our business as a society. There seems to be this common misconception out there, perpetuated by a phrase, that puts pressure on people to stay away from anal. ââ¬Å"This is an exit only!â⬠According to Morin (as cited in Nienke Van Dijk, 2013), ââ¬Å"The taboo on anal sexuality, Morin believes, is accompanied by an ambivalence and emotional charge, which makes this conversation too
Wednesday, December 18, 2019
Racism Without Racists Essay - 1059 Words
Over the years, the face of racism has taken on many forms. In present day America, racism is a very taboo subject. It a common view that racism is not a big issue anymore, given the large strides that we, as a country have made towards equality. However, the inequalities that still exist between races point to a different situation. Instead of the blatantly discriminatory acts that our nation has witnessed in the past, modern racism practices are more covert and seemingly nonracial, making this kind of discrimination seem more acceptable and politically correct. The Civil Rights Movement forced society to implement a new, subtler way to perpetuate racial inequality. In Racism Without Racists, Bonilla-Silva describes the justificationâ⬠¦show more contentâ⬠¦This explanation of inequality places the blame on the victim, attributing status to a cultureââ¬â¢s ââ¬Å"lack of effort, loose family organization, and inappropriate values.â⬠(40). Finally, Bonilla-Silva id entifies the minimization of racism as the last framework in the colorblind ideology. This frame posits that minorities arenââ¬â¢t affected by racism anymore; racism is ââ¬Å"better now than in the past.â⬠(29). Bonilla-Silva asserts that whites use these frames both separately and collectively as a way of justifying turning their backs on the realities of racial inequality. This chapter on the framework of the colorblind ideology seems to be the most concrete and logical chapter in the book. This chapter is very well put together, with examples that cover a wide variety of topics. He also illustrates the concept of the frameworks playing into one another very well. The premise of these four frameworks as an ââ¬Å"impregnable yet elastic wall that barricades whites from the United Statesââ¬â¢ racial realityâ⬠makes perfect logical sense as an explanation for the ââ¬Å"racism without racistsâ⬠culture seen in the US (47). Changing attitudes towards race relations forced a change in the manifestation of racist ideologies. Bonilla-Silva also discusses the style of color-blindness. He asserts that due to the change in post-Civil Rights era thoughts on discrimination, whites had to changeShow MoreRelatedThe New Threat : Racism Without Racists2278 Words à |à 10 Pagesimpede discrimination of all kinds especially racial profiling. The debate of racism has never stopped even in January 20th, 2009 when the American nation elected its forty-fourth president of the United States who was the first African-American president in the entire American History. ââ¬Å"Racism is over,â⬠many people became very excited and delighted, ââ¬Å"America had chosen a black man to lead the nation, there is no more racism.â⬠However, a lot of undesired incidents that occurred after that in many statesRead MoreRacism Without Racists, By Jordan Peele797 Words à |à 4 Pagesform of covert racism existing in a post- Jim Crow era. Similarly, Eduardo Bonilla- Silvaââ¬â¢s book Racism Without Racists acknowledges th e contemporary system of racism or ââ¬Å"new racism,â⬠a system of covert racism currently utilized to subjugate minorities. In this section, I will analyze distinctive parts of Get Out that portray white liberal attitudes towards African Americans and compare it to Racism Without Racists in order to illustrate the common acknowledgement of a new racism. Keep in mind, itRead MoreRacism Without Racists By Eduardo Bonilla Slave849 Words à |à 4 Pagesdiscrimination as black people did; I did not feel strong oppression as LGBT group did; however, I was indeed treated in a different way, which was racist and discriminated. When I read the materials from class, I felt I had experienced the exactly same thing in my life. Segregation, which was written by Eduardo Bonilla-Slave in his book: Racism without Racists, still happened today in my life; marginalization and powerlessness, which were proposed by Iris Young in her book: Five Faces of Oppression, wereRead MoreEssay about Edua rdo Bonilla-Silvas Book, Racism Without Racists1653 Words à |à 7 Pagesdiscusses the new racism in his book, Racism without Racists. Bonilla-Silva classifies the new racial discrimination as color blind racism. Color blind racism is then structured under four frames (26). Color blind racism is believed to have lead to the segregation of the white race from other minorities called white habitus. Color blind racism and white habitus has affected many people, whom donââ¬â¢t even realize that they are, have been or will be affected. Color blind racism is an ââ¬Å"ideology,Read MoreThe Heart Of Racism, And Tommie Shelby Paper1177 Words à |à 5 PagesWhat is racism? The Merriam-Websterââ¬â¢s dictionary defines racism as ââ¬Å"a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular raceâ⬠. Is it actions or beliefs that make someone or something fundamentally racist? These are the main ideas behind J.L.A Garciaââ¬â¢s paper ââ¬Å"The Heart of Racismâ⬠and Tommie Shelby paper ââ¬Å"Is Racism in the Heart?â⬠Exposition of the opposed position: According to Garcia racism is definedRead MoreAnalysis Of The Book Long Division Essay1272 Words à |à 6 Pagescharacters in this book will have to face racism and learn to defy racial representations, especially during the scene of the quiz contest. Overall, this essay will tackle the importance of language in the book Long Division and analyze the actions of the characters and the emotions they display. This essay will examine the words written and the racism experienced during the period using the two sources and research made to understand the importance of language in racism. Long Division, the book written byRead MoreRacism And The Civil Rights Moment Era1076 Words à |à 5 PagesColor-blind racism has a linguistic style which forms when dominate groups speak about subordinate groups without sounding racist. The author describes it as using ââ¬Å"thread to join pieces of fabric into garments.â⬠(Bonilla-Silva, Pg.53). ââ¬Å"If the garment is being assembled in an op en forum (with minorities present or in public venues), dominant actors will weave its fibers carefully (ââ¬ËI am not a racist, butâ⬠¦Ã¢â¬ ) and not too tight (I am not black, so I donââ¬â¢t knowâ⬠). If, in contrast, the needlework isRead MoreIs Racism in the Heart? by Tommie Shelby Essay1343 Words à |à 6 Pages Racism is not a factor of the heart, according to Tommie Shelby in ââ¬Å"Is Racism in the ââ¬ËHeartââ¬â¢?â⬠He writes ââ¬Å"the ââ¬Ëheartââ¬â¢ does not have to be involved in order for an action or institution to be racistâ⬠(483). Instead, Shelby argues that racism is based on the effect of a personââ¬â¢s actions on deepening racist institutions or promulgating the oppression of a particular group of people based on their race. The individual intention of a person or the ââ¬Å"purityâ⬠or his or her heart does not take precedenceRead MoreDoes Racism Still Exist?1549 Words à |à 7 PagesDoes racism still exist? This is one of the countless controversies between people today in which many people might answer ââ¬Å"noâ⬠. Others may agree with Eduardo Bonilla-Silva, a sociology professor at Duke University. Bonilla-Silva argues that racism still exists, but has become more subtle since the end of segregation. Bonilla-Silva refers to this new raci sm as color-blind racism. This term is defined by Bonilla-Silva in his book, White Supremacy and Racism in the Post-Civil Rights Era, as, A newRead MoreRacism : Racism And Racism1544 Words à |à 7 PagesTo understand whether or not racism is learnt, we first have to divulge into the nature of racism. It is usually assumed that racism has been a part of civilisation since civilisation started, that it is embedded into how people work and that no matter what, it will always exist. Another assumption is that racism derives from the capitalism of the slave trade by white elitist men seeking to dehumanize people for economic gain, and used racism as a way to mask their financial motives to justify enslavement
Tuesday, December 10, 2019
Taxation Immigration in Ordinary Income
Question: Describe about the Taxation for Immigration in Ordinary Income. Answer: Residence and source of an individual: Residential status of an individual is important to determine its tax liability for the assessment year. According to Australian Law if a person resides in the country for more than a period of six months than he/she is eligible to pay tax. The person has certain benefits to enjoy i.e. he can freely subsidized to legal services of the country (Brown, Handley and O'Day, 2015). However, in case of Federal Commissioner of Taxation v. Miller (1946) it was found that the court has made certain amendments in the residential status of an individual. The residential status of migrants has been withdrawn from the act on 25th November 1998 because it does not provide much detail on the residency of an individual. It is difficult to calculate the residential status in between six months to two years (TR 98/17 Para 7). According to Australian, law the ruling for taxation based on certain categories: A person should be the permanent resident of another country. The person visited Australia under working visa issued by the Department of Immigration. The person visits the country with an intention to work for a certain period. The person stays in a temporary accommodation. The person receives calls from his family from his original country. The person receives a contract for work. The person has opened a bank account in Australia. The main issues to examine in this case are: The period of physical presence in the country. The behavior of the person during his stay in the country The purpose of his presence His family and employment ties. As per Para 17 of TR 98/17, if an individual arrives in Australia without any intention to stay in the country permanently than all the evidence about his stay is to be included while calculating his residential status (Grubert and Altshuler 2016). As in the given case, Fred who resides in UK visited Australia for a period of eleven months. The main purpose of his visit was to establish a branch of his business in Australia. Furthermore, he leased a house in Melbourne for the period of one year. His wife accompanied with him during his visit. His daily behavior was similar as before entering to Australia. According to the law he is a resident of Australia. Para 49 of TR 98/17 states that if a person stays in the country for a short period he cannot be termed as resident of the country but in case of Fred, the stay was more than a period of six months. During his stay, he was continuously in touch with his kids who reside in UK for their educational purpose. Moreover, he has leased one house in Melbourne, which means that he visited the country for business purpose only. The income, which he earned during his stay, is liable for tax (Ato.gov.au 2016). Ordinary income: Ordinary income includes all the assessable income of an individual, which is derived from various sources during the year. In case of Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159 it was found that the owner of the property chooses his investment to realize it and obtains a greater price for it but he actually acquires the asset. In the sense of assessable income the enhanced price realized by an individual will not be considered as profit .In the similar case of FCT v Myer Emporium Ltd (1987) the court directed that the receipt from an isolated transaction will be considered as an income if the transaction was made with the intention of profit. The court further directs that everything, which a person derives, is not an income; it depends on the nature of the business. Another example of the rule is found in the case of Rangatira Ltd v CIR. The decisions of this case are important to satisfy the factual test of income for taxation purpose. The taxpayer carried on an investment business. The board of directors of the company was independent businesspersons with no sharehol dings in the company. The policy of the members of the company was to maintain the capital funds of the taxpayers only. They ensure that there was a regular income only which was derived by dividend yield method. In case of Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188 it was found that the taxpayer has purchased some of his land in between 1863 and 1865 for his coal mining business. In the year 1924 his mine exhausted and the person decided to dispose off his land. The court directed that the company has taken advantageous steps to incur the value of land. Hence, the value they incur is not a profit and the amount should not be included in assessable income. However, the judiciary has altered the decision of the court in case of Whitfords Beach case. In case of FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR the company bought a piece of land to carry on the fishing business on it. On December 20, 1967 the shareholders of the company decided to sell the land by sub-dividing it so that they can earn some profit from the land. The articles of the company were amended on the same day of disposal of the land. The court in this case directed that the income derived from this transaction is to be termed as profit and hence is chargeable under the head for taxation purpose. According to Gibbs CJ if a taxpayer only, realize an asset than it is not included in the profit but in the given case, the taxpayer continued his business with the motive of earning profit. The activities continued by him are of commercial nature only. Hence, the income is to be treated as a profit and is liable for tax (Ato.gov.au 2016).. In case of Statham Anor v FC of T 89 ATC 4070 the taxpayers of this case were the trustees of an estate. The person has obtained the land with an intention of farming. After some years the person sold his land to the company which is controlled by his family members only. The deal did not perform well for the company. Later on, they decided to sell the land. The original owner of the property was dead at that time to sell the land. The court in this case decided that the income derived from disposing off the land is an assessable income for the person but the owners of the property argued that the sale of land does not form an ordinary income under the act. The court gave its verdict on the basis that the agricultural business was failed and the members of the company decided to sell the property. Hence, the property is liable for taxation (Ato.gov.au 2016). . Similar case of McCORKELL v FC of T, Administrative Appeals Tribunal of Australia (Victoria), 28 July 1998 In case of Casimaty v FC of T 97 ATC 5135 the person bought a land for farming purpose from his father and continued his business for more than two decades. Due to his illness, the person decided to sell some portion of his land. The taxpayer has made certain changes to the property by constructing road and developing irrigation facilities on it. The commissioner directed that the activities carried on by the taxpayer are an assessable income whereas the court directed that the profit made by him is the part of realization of capital asset. He purchased the land for agricultural purpose only. Hence the profit which he earned is not an assessable income. Similar case Allied Pastoral Holdingsv FCT83 ATC 4015, In case of Moana Sand Pty Ltd v FC of T 88 ATC 4897 the company purchase a piece of land in Adelaide to continue its business. The company bought a piece of land with an intention to sell it in the future if they receive a good amount for it. According to the law the value received by redemption of property after deducting the cost of the acquisition is to be treated as assessable income. Hence, the profit earned by the company is an assessable income. Similar case Marbut Gunnersen IndustriesPty Ltd v FC of T82ATC4182 . In case of Crow v FC of T 88 ATC 4620 a person purchased five blocks of land within a period of ten years. The farmer used the land for farming purchase but later on he dispose it by making a profit of $388,288. The court directed that the person is liable for tax for this income. Earlier he used this land for farming purpose but later on he sold it. The person knew that the debt which he incurs can be cleared by disposing the property only. Therefore, he sold some parts of the land to incur money. Hence, chargeable to tax. Similar case Estates Ltd v FC of T (1 941) 64 CLR 241 In case of McCurry Anor v FC of T 98 ATC 4487 the person bought a land. An old house was there already. The person constructed three new houses on that land. The person acquired two houses for his own purpose and occupied it for a period of one year. He made profit of $150,000 by disposing the entire houses within that period. After sometime he again purchased a block of land, constructed a house on it, and later on sold it. The commissioner directed that the money, which he earned from selling, is of commercial purpose and is to be treated as assessable income (Ato.gov.au 2016). However, the person argued that the income which he earned by selling is of capital nature because he sold his property to meet his financial needs. The court held that the activity was of commercial purpose only because he bought a piece of land, constructed houses on it and later on sold it by making profit. Therefore, the activity is to be treated as commercial activity only. His intention was to make profit only. He did not hold the property for investment purpose. Hence, the income is assessable and liable for tax. Similar is the case McClelland v FC of T 70 ATC 4115; (1970) 120 CLR 487. Conclusion: From the above analysis, it can be said that the residential status is important for a person to determine his taxable income. To safeguard the assesses from double taxation the government of the country introduce the concept. On the other hand in case of ordinary income the verdict of court varies from case to case because of the nature of the business. It is important to check the nature of transaction before concluding the assessability of it. References: Astell-Burt, T., Feng, X., Mavoa, S., Badland, H.M. and Giles-Corti, B., 2014. Do low-income neighbourhoods have the least green space? A cross-sectional study of Australias most populous cities.BMC Public Health,14(1), p.1. Ato.gov.au. (2016).Home page | Australian Taxation Office. [online] Available at: https://www.ato.gov.au/ [Accessed 7 Sep. 2016]. Brown, C., Handley, J. and O'Day, J., 2015. The dividend substitution hypothesis: Australian evidence.Abacus,51(1), pp.37-62. Chalmers, J., Carragher, N., Davoren, S. and OBrien, P., 2013. Real or perceived impediments to minimum pricing of alcohol in Australia: public opinion, the industry and the law.International Journal of Drug Policy,24(6), pp.517-523. Crawford, G.C., Aguinis, H., Lichtenstein, B., Davidsson, P. and McKelvey, B., 2015. Power law distributions in entrepreneurship: Implications for theory and research.Journal of Business Venturing,30(5), pp.696-713. Grubert, H. and Altshuler, R., 2016. Shifting the Burden of Taxation from the Corporate to the Personal Level and Getting the Corporate Tax Rate Down to 15 Percent.National Tax Journal,69(3). Herrmann, S., Wardrop, J., John, M., Gaudieri, S., Lucas, M., Mallal, S. and Nolan, D., 2012. The impact of visa status and Medicare eligibility on people diagnosed with HIV in Western Australia: a qualitative report.Sexual health,9(5), pp.407-413. Kwon, J.A., Anderson, J., Kerr, C.C., Thein, H.H., Zhang, L., Iversen, J., Dore, G.J., Kaldor, J.M., Law, M.G., Maher, L. and Wilson, D.P., 2012. Estimating the cost-effectiveness of needle-syringe programs in Australia.Aids,26(17), pp.2201-2210. Pedersen, A., Fozdar, F. and Kenny, M.A., 2012. Battling boatloads of prejudice: An interdisciplinary approach to activism with asylum seekers and refugees in Australia. InPeace psychology in Australia(pp. 121-137). Springer US. Powdthavee, N., Lekfuangfu, W.N. and Wooden, M., 2013. The marginal income effect of education on happiness: Estimating the direct and indirect effects of compulsory schooling on well-being in Australia. Topp, L., Iversen, J., Baldry, E., Maher, L. and Collaboration of Australian NSPs, 2013. Housing instability among people who inject drugs: results from the Australian needle and syringe program survey.Journal of Urban Health,90(4), pp.699-716. Unit, M.C., 2013. State of Australian cities 2013.Canberra: Department of Infrastructure and Transport.
Monday, December 2, 2019
Suffering In Crime And Punishment Essays - Literature, Fiction
Suffering in Crime and Punishment Suffering in Crime and Punishment In the novel Crime and Punishment, by Fyodor Dostoevsky, suffering is an integral part of every character's role. However, the message that Dostoevsky wants to present with the main character, Raskolnikov, is not one of the Christian idea of salvation through suffering. Rather, it appears to me, as if the author never lets his main character suffer mentally throughout the novel, in relation to the crime, that is. His only pain seems to be physical sicknes. Raskolnikov commits a premeditated murder in a state of delirium. He ends up committing a second murder, which he never ever wanted to be responsible for. He kills Lizaveta, an exceedingly innocent person. But does the author ever remind us of the murder at any time in the novel again? Not in the physical sense of the crime itself. The reader doesn't hear about how heavily the murders are weighing on his heart, or how he is tormented by visions of the crime. He doesn't feel the least bit g uilty about having committed the crime, only his pride's hurt. He doesn't mention the idea of the pain that might arise from recurrent visions of the crime. Raskolnikov never again recalls the massive amounts of blood everywhere, the look on Lizaveta's face when he brings down the axe on her head. These things clearly show that the crime isn't what might cause him suffering, or pain, it is something else. After Raskolnikov is sent off to Siberia, he doesn't feel remorseful. His feelings haven't changed about his crime, he feels bad at not being able to living up to his own ideas of greatness. He grows depressed only when he learns of his mother's death. Raskolnikov still hasn't found any reason to feel remorse for his crimes. He takes Siberia as his punishment, because of how annoying it is to go through all these formalities, and ridicularities that it entails. Yet, he actually feels more comfortable in Siberia than in his home in St. Petersburg. It's more comfortable, and has better living conditions than his own home. But he isn't free to do whatever he likes. But this does not contradict what I've said before. He doesn't view Siberia as suffering, but he does view it as punishment, because he would rather not have to go through seven years in his prison cell. His theory of the extraordinary, and the ordinary is something he has to follow and adhere to . His necessity to suffer is a part of his necessity to fulfill his unknown criteria to be extraordinary. His suffering, if any, is purely superficial. The idea of suffering has to be heartfelt and well-specified. Raskolnikov's suffering is never spoken about, mainly because there is none. Even Raskolnikov views his turning himself in as a blunder, because he couldn't take the heat. It is obvious that Raskolnikov never seems to be in a pit of despair from all the suffering he has to face from the effect of the murder. One might argue that Raskolnikov's illnesses arise from his guilt and remors e for the crimes, but that doesn't appear possible. Since the character never cites the murder for his sickness. In fact, Raskolnikov fell immediately sick after committing the murder. How could he struck by guilt five seconds after committing the murder when he hasn't even had a chance to see what events have just occurred? There is not a single instance when Raskolnikov, or the author for that matter, ever cite the dramatic effect of the murders on Raskolnikov's conscience for his terrible illness. NOTHING in the novel would even imply that he feels remorse about committing the murders, it is just a silly idea that has been implanted in people's minds and the seed has spread too rapidly, without analization.It is incredibly obvious that all the so-called pain and suffering that Raskolnikov feels is untrue, silly, and backed by no support. It would be incredulously moronic to attempt to view it from another point of understanding. People are entitled to their own opinions but t he beliefs of the at error majority should not overbear the beliefs of the correct minority. Acceptance of a
Wednesday, November 27, 2019
beethoven4 essays
beethoven4 essays Keep your eyes on him; some day he will give the world something to talk about-Wolfgang Amadeus Mozart (Orga 27). Beethoven was considered the greatest composer who ever lived, but all the truths lie deep inside his music. Beethovens symphonies were extraordinary. His innovative style was unheard of throughout the world during his time. There are three major symphonies that take beyond the Immortal Beloved referring to Beethoven, to his grave. Well-written and magnificent in the ears of every person who appreciated Beethovens works of art. Symphonies numbers 3, 5, and 9 were probably the best symphonies ever composed by a human being. Beethovens technique was unique in creating slow to fast tempos during the beginning of every piece. Each of his pieces had a meaning behind it. The mood of the music will tell it all just by listening to the joyous harmony each instrument played and the excitement whenever the tempo moved to a faster beat. Symphony number three in B-flat major, Op.55 titled Eroica was then the largest symphony at the time, and the first great symphony of the 19th century. In 1798, General Bernadotte, the French ambassador to Austria, suggested to Beethoven that he might write a symphony in honor of Napoleon. So Beethoven agreed to write the symphony for the great commander. But on May 18th, 1804, Napoleon crowned himself Emperor, and upon hearing the news Beethoven tore the title page in half, screaming that Napoleon would become a greater tyrant than anyone! (Orga 85). When the symphony was finally published, it was listed as a Heroic symphony, composed to celebrate the memory of fallen soldiers. The Eroica is important because it was Beethoven's first truly Romantic composition. Symphony No.3 uses a wide variety of tonality and the use of themes and motifs. The Eroica ...
Saturday, November 23, 2019
Laura Lee Rose on Career Coaching
Laura Lee Rose on Career Coaching Laura Lee Rose is a career expert and the head of Rose Coaching. Sheà teaches job seekers both in person and online how to more effectively find a career. She took a moment to discuss why and when you might need a career coach. Why is career coaching so important in the current job market?If you have a coach, you are 95% more likely to achieve your goals. A career coach offers objective assessments and career advancement guidance to help you:Reassess life goals and develop action plansProvide balance between work and lifeStrategize how to deal with stressful situationsMake professional and life decisionsPrioritize projects and timelinesImprove business and working relationshipsAvoid urgent situations involving high risks or challengesIdentify core strengths and maximize their potentialSimplify life to reduce stress and increase productivityManage your timeà wiselyHow has searching for a job changed over the last few years?In todayââ¬â¢s economy, employees are interested in the Total Package. Itââ¬â¢s not enough to be technically savvy or an expert in your specific role. Since companies are in the business to make money, you also need to be able to tangibly illustrate how you can make the company money. You need to be able to quantify your performance against the companyââ¬â¢s mission and goals. Soft skills, business networking, marketing and lead generation have become important differentials in individual resumes, regardless of the role or job title.What misconceptions about finding a job are you finding out there?The old chronological format is no longer a sufficient resume format. Merely listing previous job titles and task lists will not set you apart from the crowd. Incorporating self-authored short videos, articles, and presentations to quickly illustrate your expertise, personality, and passion for your craft has much more impact.People do business with people they know, like, and trust. Therefore, business networking has also been elevated in finding a job. Social media and LinkedIn applications make it easier to find the right people to connect with.How has technology changed the job search?As mentioned above, you now have multiple ways for prospective employers to get to know you. This is a two-edged sword. While you can show your expertise and promote yourself as an authority in your craft, you can also be caught off-guard. Mixing your professional contacts with your family/friend contacts on Facebook brings along its share of risks.In the old days, it was simpler to keep your private life private. With todayââ¬â¢s technology, individuals now need to be mindful of keeping work and personal life both separate and professional.What trends in hiring and human resources should we watch out for?Since many global organizations conduct business via Skype/webcam, teleconferences, and web conference, hiring strategies will start incorporating web conference technology in both their hiring and theirà the performance eva luation practices. Since many organizations will be hiring remote employees, more focus will be placed on remote employee procedures and how to better manage/evaluate remote employees.Part of the reference checks will include social media checks as well, which is why I recommend individuals keep their personal and professional social media separate.
Thursday, November 21, 2019
Chemical Welfare in War Essay Example | Topics and Well Written Essays - 500 words
Chemical Welfare in War - Essay Example A study on the wind patterns in the surrounding area had earlier on been undertaken by the German meteorologists to ascertain the most effective location to place the gas cylinders. The opponents of war-the French soldiers were never prepared to face this particular lethal weapon deployed by the German soldiers what immensely resulted in fatal deaths and casualties (Fitzgerald, 2008, p. 611-625). The main objective of the use of the chemical weapons by the German soldiers was to certainly weaken their opponents. There are particularly a number of gases deployed by the different opponents in World Wars depending on the harm these allies wished to inflict on their opponents. Teargas was the first chemical weapon to be used in the World War 1 (Fitzgerald, 2008, p. 611-625). Teargas a 26mm grenade full of the ethyl bromoacetate gas was first used by the French soldiers in 1911. The chemical weapon was later on adopted by the German soldiers who used it against the British soldiers. Mustard gas was popularly used by the German soldiers and perceived to be one of the most effective chemical weapons to have been used in the First World War (Fitzgerald, 2008, p. 611-625). Phosgene gas and the chlorine gas were also deployed by the different allies in World wars. The Phosgene gas and the chlorine gas are perceived to be more deadly for they resulted in more fatal consequences than the Mustard gas even when administered in small amounts. However, through the warring years, the mustard gas was declared the ââ¬Ëking of Battle Gassesâ⬠following its ability to cause eye injuries, lung injuries and result into blisters that were very hard to treat(Fitzgerald, 2008, p. 624). This made the soldiers exposed to the gas keep off the battlefield for quite a long time.
Tuesday, November 19, 2019
Entreprise system Assignment Example | Topics and Well Written Essays - 1750 words
Entreprise system - Assignment Example It is clear the company needs to improve the current software system to make operations easier. Peeââ¬â¢s coffee and tea can invest in better management software, re-architecture the current software to align with its current objectives or invest a cloud based management system. That is the only way the company can address the current logistical issues. Peetââ¬â¢s coffee and tea is expanding rapidly to share the large coffee market in the United States. According to Perez (2013), more than 80% of the American population take coffee. The percentage has increased dramatically over the years. With this conception, Peetââ¬â¢s coffee and Tea had to expand to take advantage of the increasing demand. Expanding comes with many new challenges. For example, when the company opens a new store, the new store has a software system integrated and connected to the entire company software system. The software system was not universal to the different stores and departments. As a result, there were many interconnections and customizations in the main software (Microsoft case studies, 2011). The many customizations and interconnections in the Peetââ¬â¢s coffee and tea software was a logistical nightmare as the supply chain manager Shawn Conway put it. According to Conway, staff had to use several software systems at times to serve the customers (Microsoft Case Studies, 2011). The staff took more time to obtain the customer details and responding to their issues. At the same time, it was challenging to account for raw materials, the products produced and customer orders (Microsoft Case Studies, 2011). With the vision to expand to other cities, the current software system would present more challenges to the company. The management could not rely on the system and had to spend a lot of time trying to balance the financials and Peetââ¬â¢s coffee and tea needed to upgrade its software systems for better
Sunday, November 17, 2019
Friday, November 15, 2019
Essay --
One job the requires algebra is an Animator. Animators have to draw all kinds of pictures and cartoons and it requires them to use linear algebra for every movement a character or object may make. Algebra also helps create special effects to make the images shine and sparkle. The requirements you must have to do this type of job is that of course you have to have talent, some type of degree in animation, and be pretty decent in math. Animators make around $47,000 a year. Another job that requires algebra would be an accountant. Accountants have to use algebraic equations and lots of graphs. The math is used to make sure things balance and that everything is correct. Using algebra when accounting is very important because it tells you or the person you're helping, know how much they can spend. Requirements are is that you must have a degree in accounting, must have all credits and good grades (pretty much just pass), you must pass the CPA and ethics exam, and have your license. Accountants make around $60,000 a year. A geologist is another job that algebra is required in. They us...
Tuesday, November 12, 2019
The Ada and Disability Related Harassment
The Americans with Disabilities Act (ADA) and Disability-Related Harassment A Self-Advocacy Guide 3839 North Third Street Suite 209 Phoenix, AZ 85012 602-274-6287 (voice or TTY) 800-927-2260 (toll free) 602-274-6779 (fax) 100 North Stone Avenue Suite 305 Tucson, AZ 85701 520-327-9547 (voice) 800-922-1447 (toll free) 877-327-7754 (TTY) 520-884-0992 (fax) www. azdisabilitylaw. org [emailà protected] org This guide was written by former University of Arizona, College of Law students: Kraig Gardner, Kevin Lira, Ryan McCarthy, Ruth Mendus, Cathy Nelson and Denise Quinterra.Funding for this document is provided by the United States Department of Health and Human Services, Administration on Developmental Disabilities and Community Mental Health Services and the United States Department of Education, Rehabilitation Services Administration. Federal and state law can change at any time. If there is any question about the continued validity of any information in the handbook, contact the Ariz ona Center for Disability Law or an attorney in your community. The purpose of this guide is to provide general information to individuals regarding their rights and protections under the law.It is not intended as a substitute for legal advice. You may wish to contact the Arizona Center for Disability Law or consult with a lawyer in your community if you require further information. This guide is available in alternative formats upon request. Revised 100307 E-8 1 The Americans With Disabilities Act (ADA) and Disability-Related Harassment TABLE OF CONTENTS A. Disability-Related Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 1 1.Scope of this Guide â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 1 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 2 3. The Difference Between Disability-Related Harassment and Retaliation. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 2 4.Other Types of Discrimination â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â ¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 3 B. Proving Disability-Related Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 4 1. Introduction â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 4 2. Elements of a Claim â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 3. Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 4 C. The Rules About Employer Liability For Disability-Related Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 8 1. Introduction. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 8 2. Owner Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 3. Supervisor Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 9 4. Co-Worker Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 10 5. Non-Employee Harassmentâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 10 D. E. F. G. Duty to Employees to Avoid or Limit Harm â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 1 Employerââ¬â¢s Responsibility to Prevent/Stop Harassment â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 12 Steps to Take If Your Employer Does Not Take Appropriate Action â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 13 Introduction to the Americans with Disabilities (ADA) and this Guideâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 15 1. What Does the ADA Cover? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 16 3.Why Does the ADA Include Employment Protections? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 16 4. When Do the ADA Employment Protections Apply? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 17 5. What Employers are Covered by the ADA? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 18 H. Legal Resourcesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â ¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 19 A. Disability-Related Harassment 1. Scope of this GuideThis guide is meant to explain and describe: (1) Harassment based on disability; (2) when an employer is liable for harassment, and (3) some ways of dealing with harassment. The ADA protections described are available only to people who are qualified individuals with a disability under the ADA or who are harassed because of an association with a person with a disability (for example, a parent, son, daughter, friend, or co-worker of a person with a disability). If you are uncertain whether you are protected under the ADA, the Center has a guide that explains the meaning of the words, disability nd qualified. The title of that guide is, An Overview of the Employment Protections of the ADA. This guide is not intended to inform you about all employment-related claims, only those having to do with disability-related harassment under the ADA. This guide does not cover: à ¢â¬ ¢ retaliation; â⬠¢ state law protections, such as workerââ¬â¢s compensation claims; â⬠¢ tort claims related to harassment; or â⬠¢ criminal claims related to harassment. Rasool works at a restaurant. He has a psychiatric illness. Several of his co-workers were very prejudiced and afraid of him because of his disability.To try and harass Rasool, they spraypainted his car with the word ââ¬Å"crazyâ⬠and slashed his tires. Rasoolââ¬â¢s co-workers may not only be harassing him in violation of the ADA, but also may have committed a crime. This guide does not cover criminal law and penalties. Report criminal conduct at the workplace to your employer. Your employer should report crimes to the police. If it does not, you should report crimes directly. Josefina has cerebral palsy. Her supervisor calls her offensive names related to her disability frequently and in front of all other employees.Josefina is humiliated and distressed by this treatment. She suffers phy sical symptoms, such as ulcers, that may be related to the treatment. Her employer may be in violation of the ADA. Josefina may have other state claims for emotional distress, including workerââ¬â¢s compensation. This guide does not provide information about these kinds of claims. For more information, contact a private attorney handling workerââ¬â¢s compensation. Visit the Arizona State bar directory at www. azbar. org for a list of attorneys specializing in workerââ¬â¢s compensation. 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. The ADA was created to provide workers with disabilities a ââ¬Å"level playing fieldâ⬠in the workplace. It requires employers to provide accessible facilities, to make special accommodations to the needs of protected workers, and to have employment practices that do not discriminate. The ADA also prohibits harassment based on disability, just as other federal laws prohibit harassment based on race, gender, national origin and religion.It is important to understand the difference between harassment and disability- related harassment. The law does not protect workers with disabilities, or any workers, from rude or uncivil people. The harassment must be severe and related to a personââ¬â¢s disability for the ADA to offer protection. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow. He often screams and yells when things do not go smoothly on the production line.Jane feels like Dan does not like her and the other workers. Dan may be harassing Jane in the common everyday meaning of harassment. Unfortunately, even though Danââ¬â¢s behavior is not how we would like to see supervisors behave, it is not disability-related harassment. Letââ¬â¢s look at a situation that is very similar to the one in the first exam ple. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow.He also makes comments to Jane like ââ¬Å"whatââ¬â¢s the matter, didnââ¬â¢t you hear me? â⬠and ââ¬Å"canââ¬â¢t you understand anything? I thought you were deaf, not stupid. â⬠Here, Danââ¬â¢s harassment is related to Janeââ¬â¢s disability. It doesnââ¬â¢t matter if Dan is mean and rude to everyone else as well. When Danââ¬â¢s harassment is severe and focuses on Janeââ¬â¢s disability, it is disability-related harassment. Making hostile comments is not the only form of disability-related harassment. Offensive jokes about persons with disabilities and offensive gestures and behavior can also be disability-related harassment. . The Difference Between Disability-Related Harassment and Retaliation. Another kind of treatment that is comm only confused with disability-related harassment is retaliation. Retaliation is adverse action taken against an employee because the employee (1) 2 opposed action by an employer that violated the ADA, or (2) participated in filing a formal complaint with the Equal Employment Opportunity Commission or the Arizona Civil Rights Division of the Attorney Generalââ¬â¢s Office. An employer can use ââ¬Å"harassmentâ⬠to retaliate.For example, an employer can harass an employee because the employee requested an ADA accommodation. An employer could also retaliate by harassing an employee who filed an ADA charge of discrimination when denied a promotion. Both retaliation and disability-related harassment violate the ADA. It is useful to know the difference between retaliation and harassment when you are making a complaint to the EEOC. Bob has paraplegia. He uses a wheelchair. Sue is Bobââ¬â¢s supervisor. Part of Bobââ¬â¢s job includes occasionally going to the room where the old files are stored to get these old files.Some of the files are on high shelves that Bob has trouble reaching without help. Bob asked Sue if someone else could do the job of getting the old files. Sue said no. Before this, Bob had never had any problems with Sue. Bob decided to make a request for an accommodation to the department head, who is Sueââ¬â¢s boss. Sue was furious. She yelled at Bob for 15 minutes and told him that if he ever went above her head again that she would ââ¬Å"make him sorryâ⬠. She asked him to withdraw his request for an accommodation. Bob refused.During the next week, Sue began to ask Bob to do things that had never been part of his job before. She started asking him to deliver papers all over the building. Bob had no problem doing this because the building was wheelchair accessible, but it took him quite a bit longer than it would have anyone not in a wheelchair because the accessible elevator was on the other side of the building. Sue complained to Bob that he was taking too long to do these deliveries. Bob tried to explain why it took him longer to deliver the papers, but Sue wasnââ¬â¢t interested.Bob tried to do the deliveries faster, but Sue wrote him up when he took longer than 15 minutes. After being written up 3 times in the next week, Sue fired him. When Bob complained to the EEOC, he told them he was harassed in retaliation for requesting an ADA accommodation. 4. Other Types of Discrimination Sometimes, other types of discrimination feel like harassment. When an employer treats a person differently because of his/her disability in any of the conditions or terms of employment, it may feel like harassment.For example, if a person with a disability has been working for the company for many years and has never been permitted to go to a training to improve his skills, yet employees with less company seniority are often sent to training, this may be discrimination in the terms of employment. For more information about yo ur right as a person with a disability to equal treatment, see the Centerââ¬â¢s guide, ââ¬Å"An Overview of the Employment Protections of the ADA. â⬠In addition, when an employer refuses to make changes to the work or workplace so an individual can do his/her job or enjoy the benefits of employment, it may be an unlawful failure to accommodate. For more information about your rights regarding accommodations, see the Centerââ¬â¢s guide, ââ¬Å"The ADA and Reasonable Accommodations. â⬠B. Proving Disability-Related Harassment 1. Introduction The ADA does not include a specific prohibition against harassment. Most courts looking at this issue have decided that the ADA prohibits disability-related harassment because of disability because employers must prevent discrimination in the terms and conditions of employment.This means employers must prevent a hostile workplace. 2. Elements of a Claim To prove unlawful harassment under the ADA, you must be able to prove the fol lowing: â⬠¢ you work or formerly worked for a covered employer; â⬠¢ you are a person with a disability; with a record of a disability; or are regarded as disabled; â⬠¢ you are or were qualified to perform your job; â⬠¢ you faced a hostile work environment; and â⬠¢ you were harassed by a co-worker or a third party and your employer knew or should have known about the harassment.Georgeââ¬â¢s co-workers suspect he is HIV-positive because he is gay. They spray painted his locker with the words ââ¬Å"Godââ¬â¢s punishmentâ⬠and hung plastic gloves around the office for people to use to avoid physical contact with George. George does not have HIV but he is still protected under the ADA from disability-related harassment, as he is ââ¬Å"regardedâ⬠as a person with a disability. 3. Harassment The harassment is so severe that it changes the conditions of your employment and creates an abusive working environment or results in a tangible employment action. The conditions of your employment must change when someone harasses you because of your disability. The conditions of your employment may change because the workplace is hostile or because of an ââ¬Å"employment action. â⬠Either change may support a claim of harassment under the ADA. 4 Hostile Work Environment. A disability-based harassment claim under the ADA means that your workplace is so full of discriminatory intimidation, ridicule and insult toward you that it has become an abusive place to work. These claims are called ââ¬Å"hostile work environmentâ⬠claims. The ADA does not rohibit simple teasing, offhand comments and isolated incidents. To decide if the harassment is ââ¬Å"severeâ⬠or ââ¬Å"pervasiveâ⬠enough to create a hostile work environment, courts look at: â⬠¢ â⬠¢ â⬠¢ â⬠¢ whether the discriminatory conduct has happened only once or many times; how bad the treatment is; whether it is physically threatening or humiliating; and w hether it unreasonably interferes with your ability to work. Occasional hurtful remarks by co-workers will not usually be severe enough for a successful ADA claim, unless the occasional treatment develops into a pattern of abusive treatment.Even if some co-workers refuse to talk or associate with a disabled individual, it may not be enough to support an ADA claim for harassment because courts recognize that employers cannot force employees to get along with each and every other employee. Juanita is deaf. Her co-workers ignore her and donââ¬â¢t try to learn any signs so she can talk to them on breaks or at lunch. It is a simple fact that in a workplace, some workers will not get along with each other. A court will usually not find ââ¬Å"cold shoulderingâ⬠enough for an ADA claim.However, in another example, Juanitaââ¬â¢s co-workers tease her by moving their fingers at her as though they were using sign language. The co-workers pretend they are talking to her by making mou th movements just to confuse her. She is called ââ¬Å"deaf and dumbâ⬠by people at work. Neither her co-workers or supervisor will write notes to her about important things she needs to know at work. Juanita may have a claim for disability harassment and failure to accommodate by writing notes. Generally, one instance of harassment will not amount to discriminatory changes in the ââ¬Å"terms and conditions of employment. However, even a one-time event may be severe enough to create a hostile work environment. The standard a court uses to decide if conduct is unlawful is whether a reasonable person would find the action offensive. 5 Because of a disability, Alberto needs to use two crutches with wrist straps in order to walk. He works evening shifts as a telephone solicitor. Alberto usually sets his crutches beside his desk while he is working. One night, two co-workers decided to pull a prank on Alberto. They took his crutches nd hid them. They told the other workers what the y were up to, including the assistant manager, who was in charge of the night shift. Then they pulled the fire alarm. Alberto heard the fire alarm and looked for his crutches so that he could exit the building. His crutches were gone and he did not know the alarm was a prank. The other employees acted like they were leaving the building and exited the floor. They left him alone for 30 minutes. When he tried to crawl to the exit, they came back and laughed at him.Even though this only happened once, Alberto most likely has a claim for disability-related harassment because this conduct was so severe any reasonable person would find it offensive. Tangible Employment Action. The conditions of your employment will also change when the harassment results in an ââ¬Å"employment action. â⬠Harassment that results in a tangible employment action will be enough to show severe harassment. A ââ¬Å"tangible employment actionâ⬠means an important change in your employment status, not just a minor change.It usually causes you direct economic harm, and most of the time can only be caused by a supervisor or a person acting with the authority of the company. Examples of tangible employment actions may include: T firing; T failure to promote; T demotion; T a reassignment that you did not want; T a significant change in your benefits; T a decrease in your pay; T a negative change in your work assignment; T a dramatic increase in your workload; T reassignment to a position that reduces earning capacity; T reduction in hours; T refusal to grant reasonable leave requests.Javier has a severe type of diabetes. He needs to take insulin at certain times and sometimes needs to eat small snacks. He asked his supervisor for an accommodation of a 15 minute break every two hours. Shortly after the supervisor found out about Javierââ¬â¢s disability, she reassigned him to a different department. If Javierââ¬â¢s salary and benefits are the same, and the supervisor only reassig ned him because the other department already has 15 minute breaks every two hours, that probably would not be an ADA violation.However, if the supervisor told Javier that she was reassigning him because she was personally bothered by needles and did not want him taking shots in her department, that would be a tangible employment action and Javier would have a claim of disability-related harassment under the ADA. 6 The mere threat of an employment action is not enough to support an ADA claim. The harassment must be unwelcome. Jaime is deaf. He works at a department store in the shipping and receiving department. Jaime and his supervisor Erin have a professional relationship.On a frequent basis, Erin makes uninvited and offensive remarks about deaf people. Jaime has been subject to unwelcome harassment. Aheem is blind. He works at a restaurant as a cashier. Aheem and his co-worker Brian, who is overweight, are constantly making fun of each otherââ¬â¢s conditions in a good natured w ay. One day while they are teasing each other, Brian makes a joke about blind people. Because of the nature of their relationship, Aheem has probably not been subject to unwelcome harassment.The harassment must be based on your disability, your association with a person with a disability or your request for an accommodation. The person who is harassing you must be doing it because of your disability or your need for an accommodation. It is not enough that they harass you because they do not like you or because they harass everyone. Maria is a person who has cerebral palsy. She works for a local fast food restaurant. The assistant manager is named Fred. Fred yells at Maria and the other employees frequently. Sometimes he curses.He says things like: ââ¬Å"Hurry the ____ up! â⬠and ââ¬Å"What the ____ is taking you so long? â⬠Even though most people would agree that Fred should not talk to the employees that way, unfortunately Maria will probably not have an ADA claim if t he evidence shows that Fred uses abusive language with many employees, not just Maria, and that he acts no more harshly toward Maria than he does to anyone else. This is probably not harassment that violates the ADA. However, if Fred only yells and curses at Maria and not at other employees, alls Maria offensive names like ââ¬Å"Spazâ⬠and ââ¬Å"Retardâ⬠, and treats her differently than other employees, this may be harassment that violates the ADA. 7 C. The Rules About Employer Liability For Disability-Related Harassment 1. Introduction. Employers are generally responsible to provide a work place that is free of serious offenses and abuse that are based on a personââ¬â¢s disability. For example, employers should not permit a work place where a worker who is mentally retarded is called ââ¬Å"retard,â⬠is not allowed to eat with co-workers, or is subjected to co-workersââ¬â¢ offensive mimicking.Owners of a company, supervisors, managers, co-workers and third pa rties, such as customers, can speak or take action that creates a hostile work place. An employer is responsible for the workplace no matter who causes the hostile environment, but the courts understand that employers may not know about the harassment unless it is reported. Courts have created different rules about harassment, depending on who does the harassing. Below is a chart with examples. If the harasser is a(n): then the employer is liable for Unless the employer can show the harassment when that Owner, manager, stockholder, the harassment occurs.CEO, or president Supervisor the harassment occurs and results in a negative employment action. the harassment occurs and causes a hostile working environment Supervisor Co-worker the employer knew or should have known about the discrimination. the employer knew or should have known about the discrimination it took reasonable steps to prevent and to quickly stop harassing behavior and the employee unreasonably failed to take advantag e of the employerââ¬â¢s efforts to prevent or stop the harassing conduct or to avoid harm. t took immediate and appropriate corrective action. Non-employees (e. g. , customer, student, sales personnel) it took immediate and appropriate corrective action. 8 2. Owner Harassment Companies are made up of people. Some people, such as owners, CEOs, directors, and stockholders ââ¬Å"areâ⬠the company. When people who are the company harass, the company is automatically liable for the harassment. Albert & Sons owns a restaurant that employs 40 part- and full-time employees. J. E. Albert, one of the owners, is also the restaurant manager.Lydia has worked as the Director of Catering for the restaurant for 8 years. However, she develops breast cancer and must have a mastectomy and chemotherapy. When she returns to work on a half-time basis, J. E. Albert makes numerous offensive remarks including ââ¬Å"Sheââ¬â¢s not a real woman anymoreâ⬠and speculates out loud whether ââ¬Å "can she satisfy her husband. â⬠He leaves photos of well-endowed women on her desk and bulletin board. He does this frequently and over many months. It is not necessary that Lydia reported the harassment because the harasser is a co-owner. . Supervisor Harassment Because a supervisor is given direct authority over an employee, the employer is responsible under the ADA for harassment by that supervisor. An individual is an employee's supervisor if he or she: a) has the power to make or recommend employment decisions affecting the employee, and b) directs the employeeââ¬â¢s daily work activities. Whether a harasser is a supervisor is determined by his or her job function, not his/her job title. Jim, an individual living with HIV, works in a ââ¬Å"teamâ⬠environment.His ââ¬Å"team leaderâ⬠has made several derogatory comments about Jim's illness and has even gone so far as to say that it is not worth making the effort to promote Jim. The team leader makes recommend ations regarding promotions. In this situation, the team leader is a supervisor. An employer is always liable for harassment by a supervisor if that harassment results in some sort of employment action (e. g. , firing, change in work assignment, reduction in pay or hours, etc. ) This is because an employer is responsible for the acts of its supervisors; and employers should be encouraged to prevent harassment.However, even if an employment action does not result from the harassment, an employer may be liable if the harassment creates a hostile work environment. The employer will be liable for a hostile work environment created by a supervisor unless the employer can show that: (1) it took reasonable steps to prevent and stop harassment, and (2) the employee unreasonably failed to use the employerââ¬â¢s steps to correct or prevent the harassment. 9 Bette supervises the nursing assistants at a nursing home. One day she sees Joe, a nursing assistant, take some medication with his lu nch.She asks him what type of medication he is taking, and he voluntarily tells her he is taking prescribed medicine to treat his bipolar condition. From that day on, Bette treats Joe badly. She calls him ââ¬Å"crazy,â⬠ââ¬Å"looney,â⬠and a ââ¬Å"nutcaseâ⬠in front of patients and staff. When things get busy at work, she asks if he is ââ¬Å"going to crack under the pressure. â⬠On breaks, she asks him if ââ¬Å"he has ever had shock treatmentâ⬠or ââ¬Å"tried to off himself. â⬠She also tells other workers she hopes he will just quit before he screws up.The nursing home is liable for Betteââ¬â¢s harassment unless the nursing home can show they had a complaint procedure and would have promptly stopped Betteââ¬â¢s harassment, but Joe unreasonably refused to complain. 4. Co-Worker Harassment An employer is liable for a co-workerââ¬â¢s harassing conduct if it knew or should have known of the co-worker's misconduct, unless it can show it took immediate and appropriate corrective action. Ingrid is deaf. Her co-workers often mimic her, force her to speak, and make derogatory comments about her deafness.Her work environment has become a hostile one. This situation has continued for approximately 6 months at the same level of ââ¬Å"hostilityâ⬠. Ingrid mentioned the problem several times to her shift supervisor. Ingrid's supervisor is aware of this situation and should have taken some sort of corrective action (possibly sensitivity training and discipline of offending employee), but it has not happened. Her employer is liable for the harassment by her co-workers because it has not taken any steps to correct the action. Sara is a sous chef at a restaurant.She took some medical leave for a hospitalization related to suicidal tendencies due to severe depression. When she returned to work, a small group of her co-workers had learned about the reason for her leave and began taunting her. One day, all the knives at her work s tation were hidden and a note was left that no one wanted her to hurt herself. Another instance involved a bottle of candy pills that were left spilled all over her purse. Sara reported it but the management did not investigate or take any steps to correct it. The employer is liable for the harassment. . Non-Employee Harassment An employer is liable for a non-employeeââ¬â¢s harassing conduct if it knew or should have known of the non-employeeââ¬â¢s misconduct, unless it can show it took immediate and appropriate corrective action. In most places of employment, there are other people who enter a workplace or are part of a workplace who are not employees. For example, a store, movie theater, restaurant or gallery will have patrons and customers. Also places of employment may have 10 independent contractors who work at the facility.For example, a hospital may employ nurses, nurses aides, medical clerks and therapists, but the doctors are independent contractors and not employees. To become responsible for the non-employeeââ¬â¢s harassing conduct, the employer must know about it. This is because it is more difficult for an employer to be aware of all of the day-to-day events at a workplace, particularly when they involve non-employees. Jarod teaches 7th-8th graders language arts/history at a private school. The students come to believe that Jarod is gay and jump to the conclusion that he is HIV positive or has AIDS.The students spray paint offensive references to HIV in the menââ¬â¢s bathroom. The school did not repaint the wall for over a month and did not investigate the students believed to be involved. The school will likely be liable for the harassment caused by the students. D. Duty to Employees to Avoid or Limit Harm In general, an employee facing harassment from a supervisor (not an owner) has a duty of reasonable care. This means that as an employee, you must use all available means of prevention provided by the employer to avoid harm.Failure to do this could result in the employer escaping its legal liability or possibly being required to pay less money if there is a judgment against it. As an employee, you must be aware of the opportunities made available by your employer to employees (such as a grievance procedure) to report problems and use them if faced with workplace harassment. However, there are certain situations in which failure to use the procedures might be considered reasonable. For example, if the employee reasonably believes that: the employer does not have a complaint system that has been given out r made available to employees; Julie is a full-time cashier in a major department store. She is hard of hearing and requires the use of a hearing aid. After a month, Julie is periodically bothered by fellow employees, who poke fun at her and use her hearing impairment as a subject for their jokes and harassment. Julie wants to approach her supervisor about the situation, but is unaware of any avenues for her ha rassment complaint. As a new employee, she has not been made aware of any complaint system.There is nothing posted in the employeeââ¬â¢s lounge or in the materials given to her by her employer. Julieââ¬â¢s employer has a duty to make all employees aware of the existence of a complaint system. In this instance, Julieââ¬â¢s failure to make a complaint would probably be reasonable. a risk of retaliation exists for those who use the complaint process; 11 Sophie is faced with harassment. She wants to file a complaint with her supervisor. However, the supervisor and the harasser are close friends. Sophie is concerned that her complaint will not be given the proper attention.The procedure does not offer any exceptions for making a complaint to someone other than a supervisor. She does not file a complaint, and the situation continues. In this case, Sophie may have acted reasonably by not filing a complaint. obstacles to complaints were present; James is autistic and cannot read or write. He works as a dishwasher. The cooks and other dishwashers make fun of him. He wants to complain and tells his supervisor about the problem. His supervisor tells him he will only accept a formal written complaint and does not offer to help him write his complaint.James has not failed to take reasonable steps. the process for complaints was ineffective. Shop-Mart has a written harassment policy that is available on-line. All new employees are provided training about the complaint procedures. Anyone can come to the training room to look at the policy on-line. Jerry wants to complain about customers who taunt him and treat him badly because he is an amputee, but his store manager has a well-deserved reputation for never checking into complaints and telling people to work it out for themselves.Also, several of Jerryââ¬â¢s co-workers were marked poorly on their evaluation for not getting along with others after they made a complaint of harassment. Jerry is probably acting reaso nably when he does not use these procedures. Generally, it is better to put your complaint in writing so that you can later prove that you did let your employer know about the harassment by a co-worker, supervisor, or non-employee. You should also send a copy of your complaint to the owner or director of the company.However, at times there may be other reasons you might be justified in not making a complaint. For advice, call the ADA Employment Advice Line or a private attorney. E. Employerââ¬â¢s Responsibility to Prevent/Stop Harassment An employer has a duty to act reasonably to prevent and correct any harassment. The most effective way of exercising this duty is through an effective complaint procedure provided to all the employees in the workplace.If written and used properly by the employee, the employer can, in some cases, discourage harassment before it takes place and, in other cases, address it immediately to limit the harm. To meet its duty, an employer should establish , publicize, and enforce anti-harassment policies and complaint procedures. It is the EEOCââ¬â¢s position that all policies should be clearly 12 understandable and accessible to all employees in the workplace. In addition, an employer should provide extra training focusing on harassment so that all employees will be made aware of these policies.The EEOC advises that an employerââ¬â¢s complaint procedure should: provide a clear explanation of conduct that is against the law; assure employees who make complaints of harassment or provide information related to such complaints that they will be protected against retaliation; describe a complaint process that provides accessible avenues to make a complaint; be flexible about the format of the complaint; assure that the employer will protect the confidentiality of harassment complaints to the extent possible; make accommodations in the complaint process as needed for people with disabilities (e. . , large print policy for visually i mpaired employee; an interpreter to interview an employee who is deaf and complaining about harassment; provide a prompt, thorough, and impartial investigation; and assure that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred. The policy should focus on the prevention of harassment. An effective policy of antiharassment provides employees with protection so that they may avoid potential harassment before it happens.The complaint procedure should also encourage employees to report instances of harassment. It should be set up to prevent employees from being intimidated by reporting these incidents. One effective method to avoid intimidation is to have employees report complaints to other employees who are outside of the direct line of command. An employee will be more willing to report harassment if he/she does not have to go through a ââ¬Å"higher-upâ⬠who was directly involved in the incident.The policy should a lso contain information on important dates and deadlines for filing a complaint with the EEOC. Even if your employer does not have a harassment policy, you should report harassment by a co-worker, supervisor or third party to your employer. F. Steps to Take If Your Employer Does Not Take Appropriate Action Practical Tips to Help You Deal with Harassment check any materials you were given as an employee or that are available to all employees (e. g. , internet site) to see if there is a procedure for reporting discrimination and harassment to your employer; 13 f there is no procedure for reporting complaints, see if there is a procedure for reporting any problems and use it; keep a journal of what has been done to you, by whom, when, how often, where and how this affected your ability to do your job; be specific about the harassment that occurred; even if you are not sure whether the misconduct is offensive enough to be unlawful ADA harassment, you can still report it. It gives your e mployer a chance to stop offensive conduct before it becomes unlawful. alk with a trustworthy friend or a hotline for supportâ⬠¦problems at work can be hard to live through, and sometimes it can seem like you're imagining things; if you are not afraid of the harasser, talk to the offender and tell them the behavior is offensive and keep notes of this conversation (and date them); talk to your supervisor or another person in authority and tell them what's happening; put your complaint in writing; use the ââ¬Ëlegal' words defined and explained in this guide so your employer will have a clear idea of what you are requesting; and send a copy of the complaint to the management or owner of the company.Keep in mind that in most cases of harassment (except by owner, CEO, director, etc. ), the employer is not liable unless he/she knew or should have known about the harassment. This means that in general it is a good idea for employees to report the harassment to the company. If there is a complaint procedure for reporting harassment, you should use the procedure to notify the company. Get Legal AdviceOne way to get brief legal advice is to call the Arizona Center for Disability Law at 1800-927-2260 (toll-free statewide) or at (602) 274-6287 in the Phoenix area, to an experienced advocate or attorney who can provide you with information about the protections of the ADA. If you want more information, you may request copies of the Centerââ¬â¢s self-advocacy guides about the employment protections of the ADA and sign up for a free legal training in Tucson or Phoenix. Information about the guides and training is available at www. zdisabilitylaw. org. The Center can also provide you with lists of attorneys who practice employment law in Tucson and Phoenix. File a Charge of Discrimination You can also file a charge of discrimination with the U. S. Equal Employment Opportunity Commission (EEOC). ââ¬Å"Chargesâ⬠are complaints of discrimination. You can do it im mediately or wait until you have first complained to your employer. The EEOC will investigate your charge and determine whether there is reasonable cause to believe 14 discrimination has occurred.It will then issue a right to sue letter in all cases (except for the few selected cases in which it will file a lawsuit). In Arizona, the Civil Rights Division of the Arizona Attorney General's Office (ACRD) will also take your charge. You do not have to pay to file a charge with these offices. You can call (800) 669-4800 (voice) or (800) 669-4820 (TTY) for the EEOC or (520) 628-6500 for the ACRD in Southern Arizona. You must file a charge with the EEOC or the ACRD to be allowed to bring a lawsuit for employment discrimination based on disability.You have 180 days to file a charge under state law and up to 300 days to file under federal law. For more complete information about filing a charge, please see the Center's guide ââ¬Å"How to Enforce Employment Rights under the Americans with Di sabilities Act. â⬠Before you go to the EEOC or ACRD, please read the guide. G. Introduction to the Americans with Disabilities (ADA) and this Guide 1. What Does the ADA Cover? On July 26, 1990, the ADA was passed by Congress. The ADA provides major civil rights protection to individuals with disabilities.The intent of this federal law is to reduce barriers to persons with disabilities and provide equal opportunity in employment, public accommodations, public services, transportation, and telecommunications. The various titles of the ADA affect many aspects of the lives of people with disabilities. â⬠¢ Title I makes it unlawful to discriminate against qualified people with disabilities in employment. â⬠¢ Title II makes it unlawful for state and local governments and their agencies to discriminate in programs and services, including public transportation. Title III prohibits discrimination in access and enjoyment of public accommodation and commercial facilities, such as hotels, motels, restaurants, professional offices, doctorââ¬â¢s offices, lawyerââ¬â¢s offices, convention centers, stores, banks, museums, parks, schools, and recreation facilities. Title IV requires accessibility of telecommunication services to hearing impaired persons and other individuals with disabilities. Title V provides for recovery of legal fees and establishes a mechanism for technical assistance.Additionally, Title V includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA. â⬠¢ â⬠¢ 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? If you believe you have been discriminated against on the basis of a disability in employment or access to public services, public accommodations, public transportation or telecommunication services, staff at the Arizona Center for Disability Law can prov ide you with information about the ADA and enforcing your rights under the ADA.The Arizona Center for Disability Law is a non-profit, public interest law firm providing fee advocacy, information and referral services, legal research, community legal education, and, in selected cases, legal representation to individuals with disabilities and advocacy organizations throughout Arizona. The Center is the designated protection and advocacy (P&A) system providing services for Arizonans with a wide range of physical and mental disabilities. Assistance is provided for disability-related issues in established priority areas. Information about the eligibility requirements and priorities are available from the Center upon request.Assistance is provided according to program eligibility requirements, priorities and staff availability. This Guide is Not a Substitute for Legal Advice! The Arizona Center for Disability Law recommends that persons obtain professional legal advice to resolve a legal dispute regarding discrimination on the basis of a disability. This guide is not a substitute for legal advice. This guide is meant to provide people with disabilities with information and examples about employment protections under the ADA. The information in this guide is based in part on court cases interpreting the ADA.Courts in the various parts of the country interpret the ADA differently. Not all of this information may be true for people living outside of Arizona. 3. Why Does the ADA Include Employment Protections? Oftentimes, people with disabilities do not have an equal opportunity to work or advance in their employment. People with disabilities are often restricted in employment opportunities by many different kinds of barriers. Some face physical barriers that either make it difficult or impossible to get into and around a workplace or to use work equipment at the site.Some are excluded because they communicate differently than their co-workers. Still others are excluded because of rigid work schedules which do not permit flexibility for people with special needs because of a disability. In other cases, people are not denied opportunities because of actual barriers, but because of prejudice. These are the barriers in other people's minds: fears, stereotypes, presumptions and misconceptions about job performance, safety, absenteeism, costs or lack of acceptance by coworkers and customers. 16Congress enacted the ADA to eliminate these barriers to equal opportunity in employment. The ADA makes it unlawful for an employer covered by the law to discriminate against applicants and employees with disabilities. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing this law. People with disabilities also have the right to bring private lawsuits against employers who discriminate against them if they first file a charge of discrimination with the EEOC within the time limits set out by the ADA.See the Center's guide, Ho w to Enforce Your Employment Rights Under the ADA, for more information about how to file a charge. However, the U. S. Supreme Court recently ruled that private individuals may not sue state employers for money damages under the ADA. Individuals may still file charges of discrimination with the EEOC against their state employer for other relief, such as court orders to stop discrimination. The U. S. Government can still file lawsuits against states for violating the ADA.The list of guides available through the Center about employment rights under the ADA include: O An Overview of the Employment Protections of the Americans with Disabilities Act (ADA) The ADA and the Job Applicant The ADA and Reasonable Accommodations The ADA and Drug Testing How to Enforce Employment Rights Under the ADA The ADA and Medical Examinations The ADA and Confidentiality of Medical Information Taking Actionââ¬âHow to File a Charge When Youââ¬â¢ve Been Treated Unfairly by an Employee Because You Have a Disability How to Ask Your Employer for an Accommodation That You Need Have you been Treated Unfairly at Work?O O O O O O O O O 4. When Do the ADA Employment Protections Apply? The ADA does not cover every employment situation between an applicant and an employer or an employee and an employer. For the ADA to apply to an employment arrangement, each of the following has to be true: â⬠¢ the employer is covered by the ADA; â⬠¢ the employee or applicant has a disability according to the ADA; â⬠¢ the employee or applicant is qualified to perform the job; and â⬠¢ the employer discriminates against an applicant or employee on the basis of disability. 17For more information about each of these requirements, see the guide, An Overview of the Employment Protections of the ADA. 5. What Employers are Covered by the ADA? The ADA applies to private employers with 15 or more employees. â⬠¢ Includes employment agencies and labor unions. â⬠¢ Includes a location or facilit y of a business with less than 15 employees whose total number of employees for the company in all locations and facilities combined equal 15 or more. Other laws may apply to persons with disabilities who are employed by smaller businesses.For more information, contact the Arizona Center for Disability Law or a private attorney. â⬠¢ The ADA applies to state and local governments. Includes all state and local governmental agencies, departments and entities regardless of their size or number of employees. Although the ADA applies to state employers, the U. S. Supreme Court recently ruled that employees (and applicants) can not sue state employers in court for money damages. Individuals can still file charges of discrimination with the EEOC against their state employer. Individuals can still sue to require state employers to take action or stop discriminatory action.The U. S. Government can still file lawsuits against state employers under the ADA. Examples of state and local emplo yers include: public schools, public universities, police and fire departments, public libraries, museums, public parks and recreation facilities, and social welfare offices. The ADA does NOT apply to the federal government. The ADA does apply to employees of the U. S. Senate. However, generally if a person with a disability works or applies for a job with the federal government, a federal agency, or a fully owned U. S. Government corporation, then the ADA does not apply.However, the Rehabilitation Act of 1973 is another anti-discrimination law that offers employment protections. For more information about that law, contact the Arizona Center for Disability Law or an EEO officer of the federal agency where you work or a private attorney. Title I (Employment) of the ADA does NOT apply to Indian Tribes. Tribes may have their own affirmative action or anti-discrimination laws which may address discrimination on the basis of disability. Some tribes have adopted tribal laws or entered in to agreements to abide by federal discrimination laws similar to the ADA. 18 â⬠¢
Sunday, November 10, 2019
How democratic is the UK Essay
It can be argued that Britain is both democratic and undemocratic; this can be shown via a range of issues relating to British politics and the society in which we live. The generally accepted definition of a democracy is a form of government in which the major decisions of government and the direction of policy behind these decisions ââ¬â rests directly or indirectly on the freely given consent of the freely given consent of the freely majority of the adults government. There are two forms of democracy but the UK is run through an indirect or representative democracy as opposed to a direct democracy, which relies on referendums and would be difficult in a large, modern society. Furthermore, the UK is a parliamentary democracy, the government and representatives are intermingled meaning that the UK does not have separation of powers, meaning that the executive, legislative and judicial courts all work together unlike the American Presidential system which could create a lack in communication. In this essay, I propose to argue both for and against and eventually come to a conclusion whether the UK is democratic or not and give a comparison between the UK and the US in terms of democracy. There is no such thing as a ââ¬Ëperfectââ¬â¢ democracy but certain aspects are needed to make a democracy. A democracy needs a political system for choosing and replacing the government through frequent, free and fair elections in which people choose their leaders and to hold their leaders accountable for their policies and their conduct in office. Elections have to occur at regular intervals, as prescribed by law. Those in power cannot extend their terms in office without asking for the consent of the people again in an election. For elections to be free and fair, they have to be administered by a neutral, fair, and professional body that treats all political parties and candidates equally. All parties and candidates must have the right to campaign freely, to present their proposals to the voters both directly and through the mass media. A democracy also needs the active participation of the people, as citizens, in politics and civic life. To vote wisely, each citizen should listen to the views of the different parties and candidates, and then make his or her own decision on whom to support. Furthermore there should be protection of human rights of all citizens and a rule of law, in which the laws and procedures apply equally to all citizens. Does the UK fulfill these four key elements? Yes, the UK does. Therefore we can say the UK governmental system. Democracy by definition means the government by the people. That means that all the people should be able to have their say in one way or another in everything that affects their lives. As said previously, the UK is run through a representative democracy but there are problems with a representative democracy. Representative democracy would be fine if the representatives would really make all their decisions only after consulting their constituencies. In the least, after having a clear idea about the views of their constituents on a particular issue, and trying to accommodate these views as best as possible. However, a vast majority of countries that call themselves Representative Democracies are not true democracies according to the above definition. Most of them are actually just Elected Dictatorships. People can vote usually only once every four or five years. They do not vote on any issues. They just elect their so called representatives who then until the next elections have no obligations by law and little incentives to base their decisions on individual issues on the wishes on their electorate. They hardly ever bother to consult them on their stands on various issues. Therefore, legislative bodies composed of such ââ¬Å"representativesâ⬠can effectively act in a very dictatorial manner between the elections. So to meet the definition of democracy, a direct democracy must be in place, like in Switzerland. The UK is divided up into constituencies. Within these constituencies, are MPs for each political party. The first past the post system means that the MP with most votes (first past the post) will win power for their party in that constituency. In the UK voting system, we do not vote who is our next Prime Minister. Our vote goes towards the MPs for our constituency. In this sense, the idea of UK as a representative democracy is flawed as we as people are not voting for one single figure but for an MP. The reason for voting for that party may be influenced by the leader of that party but you are not voting specifically for that person. An element of Britainââ¬â¢s governmental system is that there is no written constitution. This means that, theoretically, the government is free to pass any legislation as long as they have the majority in parliament which could be easily achieved if the party has a large majority of seats. This means there is no safeguard for laws that can be altered or new ones that could be created. This is very undemocratic as the government therefore has too much power. The government is also in possession of other powers such as the royal prerogative that allows the prime minister to go to war without consent from parliament. An example of where this was used was the Iraq war in 2005, which was heavily resented by a large majority of the public. Even though this aspect of Britainââ¬â¢s governmental system is undemocratic, parliament generally prevents government from taking to much power.
Friday, November 8, 2019
Term Limits essays
Term Limits essays "Government Proposes a Ban on Two Antibiotics Used in Poultry" The New York Times, October 29, 2000 ECONOMIC PRINCIPLE: Demand- The Factors That Can Shift Demand Increase or Decrease in Demand on Equilibrium Price (Pe) and Quantity (Qe) A change in demand will cause equilibrium price and output to change in the same direction. A decrease in demand will cause a reduction in the equilibrium price and quantity of a good. The decrease in demand also causes excess supply to develop at the initial price. Excess supply will cause prices to fall, and as the price falls producers are willing to supply less of the good, thereby decreasing output. An increase in demand will cause an increase in the equilibrium price and quantity of a good. The increase in demand causes excess demand to develop at the initial price. Excess demand will cause the price to rise, and as price rises producers are willing to sell more, thereby increasing output. There are many factors that can cause a change in demand but there seems to be four main factors that effect it the most. First, a change in consumers income can shift the curve. If there is an increase in consumers income, the demand curve will shift to the right. Second, a change in population can shift the curve. If the population increases, the demand curve shifts to the right. Another important factor is the preferences of the consumer. If the consumers preference for a certain good increases, this will also shift the curve to the left. The last and possibly most important factor is the prices of related goods. In regard to substitutes, if the price of a substitute increases, the demand curve for the original good will shift to the right. For example, if the price of Pepsi rises, the demand curve for Coke shifts to the right. In regard to ...
Tuesday, November 5, 2019
100% Complete LinkedIn Profiles A Dilemma for Job Seekers
100% Complete LinkedIn Profiles A Dilemma for Job Seekers In my How to Write a KILLER LinkedIn Profile webinar on June 22, 2012, delivered for ilostmyjob.com, an important question arose: If you are a job seeker, how should you complete the ââ¬Å"current positionâ⬠item in your profile? LinkedIn presents job seekers with a dilemma: The site requires an ââ¬Å"up-to-date current position (with a description)â⬠for a 100% complete profile (see Profile Completeness list on LinkedIn); and according to LinkedIn, 100% complete profiles are 40 times more likely to be viewed. But if you are a job seeker, you might not have a current position other than ââ¬Å"job seeker.â⬠Should you create a ââ¬Å"fillerâ⬠job description to be 100% complete? Or should you hope that 95%-or-so complete is enough? Adding to this dilemma is that recruiters, according to experts in the careers industry, do not like to see made-up job descriptions in the current position spot. They prefer for job seekers to call a spade a spade, i.e., leave the current position description blank if they are not employed. Resume and LinkedIn profile writers come down on multiple sides of this issue. There are upsides and downsides to all of these options; in the end, let the numbers (how many people find you, view your profile and contact you) guide your choice. Option #1 One camp says to put something in the current position field indicating you are a job seeker. You might give yourself a job title such as ââ¬Å"Target position: VP Operations,â⬠or ââ¬Å"Seeking next opportunity as Graphic Designer.â⬠You can then write a description of what you offer that adds to what you wrote in your Summary. In the company name field, you might enter ââ¬Å"- ââ¬Å"or ââ¬Å"Seeking next opportunity.â⬠Option #2 Some people recommend putting volunteer work as your current position, or your ââ¬Å"jobâ⬠as Manager of a LinkedIn group. I would not recommend either solution unless your volunteer or group manager work is close to full-time. There is a section you can add on LinkedIn called Volunteer Activities and Causes. That is the most appropriate spot in which to put your volunteer activities. Option #3 A third camp says to leave the current job description blank if you donââ¬â¢t have a job, and to complete as many parts of the profile as possible. If your profile is 95% complete, you should still do well in searches. The Essay Expertââ¬â¢s Recommendation You might want to try both Option #1 and Option #3. I wouldnââ¬â¢t recommend Option #2. The great thing about LinkedIn profiles is that you can always change them and do different things to see what works best for you. Try this: (1)à à à Write a current position that says, for example, ââ¬Å"Target Position: General Manager, Automotiveâ⬠or ââ¬Å"Seeking Opportunities as Financial Analystâ⬠à or ââ¬Å"Program Managerà Candidateâ⬠and track how many people view your profile and how often you are appearing in search results (this information can be found on your home page in the right-hand column). (2)à à à à If you are getting sufficient activity in your profile, great. Donââ¬â¢t change anything! If not, the first thing to consider is whether you have enough connections to appear toward the top of searches. I recommend having 500+ connections in order to reliably raise your ranking in search results and increase page views. (3)à à à If you have 500+ connections and your profile is still not getting enough attention, either change what you have in the ââ¬Å"current positionâ⬠section or make it blank for a month. Track your profile views and appearances in search results. (4)à à à Repeat Steps #2 and #3 until you get the results you want. There are more options than these of course. One place to get a sense of what might work is a QA on LinkedIn, begun by Executive Resume Writer Laura Smith-Proulx, which sheds some light on this question.à https://linkd.in/xDJhgq What strategies have been working for you? Please share your comments below. Or if you experiment with some of my suggestions, please report how it goes!
Subscribe to:
Posts (Atom)