EMPLOYMENT LAW Case Study Example | Topics and Well Written Essays - 1500 words

EMPLOYMENT LAW - Case Study Example Equal treatment in school and in the workplace is a civil right under federal and state laws†. In this given problem, the sexual advances made by Jami’s boss constitute sexual conduct in the work environment. The traumatic ordeal she had to go through forced her to seek medical and psychiatric treatment to overcome the sexual abuses she had experienced in the hands of her employer. In the case of Smith V. First Union National Bank (202, F. 3d 234,242, 4th Cir. 2000), sexual harassment was defined as a situation when â€Å"a work environment consumed by remarks that intimidate, ridicule, and maliciously demean the status of women can create an environment that contains unwanted sexual advances.† Jami, who is a victim of sexual harassment should file a complaint against Mr. Clark, her boss before the U.S. Employment Opportunity Commission (EEOC) or file the case before the federal or state court. During the hallway review, Mr. Hallway even insisted that she can go b ack to her work only if she dropped the charges against him. Clearly, this harassment by the boss continued to persist because he knows that Jami is in dire financial distress because she was supporting her ailing mother. The former boss still places her in a hostile situation even if they no longer had a working relationship. The acts committed against Jami undoubtedly falls within the context of Title VII of the Civil Rights Act (Title VII of The Civil Rights Act of 1964, as amended in 1991), which â€Å"prohibits employment discrimination based on race, color, religion, sex and national origin with respect to compensation, terms, conditions and privileges of employment†. In a number of occasions in the work place of Jami manifested that sexual harassment was present. First, the colleagues who commented on her physical attributes, like her body; and Second, the offensive gesticulation of Mr. Clark, the Vice-President of the company who stared at her body parts in a provocat ive manner, are indicative signs of sexual harassment. It is evident that a sexually hostile atmosphere was present in the work place. The illicit invitations made by Mr. Clark on Jami for lunch and out-of-town getaways on one weekend at his cabin, constitute sexually obnoxious behavior. These instances are severe enough to form the basis for a legal claim of sexual harassment. Although Jami accepted the invitations made by her boss on two occasions, her refusal to give in to his sexual demands such as kissing to maintain her present position in the company is an indication that she does not consent to the immoral acts. The case of Smith V. First Union National Bank (202, F. 3d 234,242, 4th Cir. 2000) stated that: â€Å"It was sexual harassment for a male supervisor to tell a female employee that women are too emotional to be in the workplace, that they need sex in order to perform well, and that violence may be the only way to keep a woman in line†. In the similar case of Sc hmidt V. Smith (684 A.2d 66, 1996), the Supreme Court ruled that: â€Å"This falls within the purview of sexual harassment when a young New Jersey woman left her job after six weeks, because the President of her company, among other things, constantly asked her to have sex with him, and on several occasions, grabbed her and tried to kiss her.† The situation of Jami is undoubtedly indicative of a sexually aggressive and antagonistic work atmosphere. However, due her current financial situation, she was forced her to reconsider giving in to the sexual favors of her boss in to retain her job. However, in the end, she refused to give in to the sexual innuendos of the boss in exchange for her position in the company. Thus, her rejection resulted to her demotion and reduction of her pay per year, and earned her a poor evaluation

Stakeholders and the regulatory authorities are considered to be Essay

Stakeholders and the regulatory authorities are considered to be significant mechanism for ensuring good corporate governence - Essay Example Corporate governance system of any region helps in protecting the organization before the occurrence of any huge disaster. Many mechanism can be found supporting the development and implementation of corporate governance system; however, regulatory and stakeholders are those significant mechanisms that act as backbone of the structure of CG system1. The reason behind such an important presence of corporate governance is its wide coverage of the areas that does not only include stakeholder interests and shareholder recognition but ethical behaviors of the organizations are also given much priority. Therefore, under the light of a statement â€Å"Stakeholders and the regulatory authorities are considered to be significant mechanism for ensuring good corporate governance†2 paper runs its aim to analyze situation. The global financial crises are also the main concern of the paper that is being diagnosed as a drastic consequence of corporate governance failure3. ... As adaptation of corporate governance is as important as initial business plan of a company; therefore, paper can also be found suggesting proper adaptation and implementation of corporate governance plans, as sit keeps the organizations to run within systematic and defined standards. The legal initiatives taken in the favor of corporate governance are also being investigated where role of some private sector organization is also studied. All the arguments are supported by the authentic evidences, where two major global economies of US and UK can be observed being dealt with special consideration. Role of stakeholder mechanism and role of regulatory mechanism in corporate governance are also analyzed along with locating the lacking elements in the system if any. After investigating through the issue, some of the recommendations are also presented that might be helpful for the betterment of CG structure in different regions4. 2. Corporate Governance Corporate governance is the broad p henomenon that represents a system, which serves in directing and controlling the companies. There are many mechanisms that have been serving in establishing good corporate governance. An appropriate implementation of corporate governance demands the market and regulatory mechanisms, along with the maintenance of the relationship between the management of the organization. By considering recent common scenario in business organizations, shareholders of an organization operate as a major external stakeholder groups. However, in these organizations internal stakeholders are their employees, board of directors and executives. The operations related to corporate governance include

Human Resources Management JC Penney Essay Example for Free

Human Resources Management JC Penney Essay JC Penney is ranked number 153 in the fortune 500 company list in the United States for the year 2012. They are one of the largest companies, and have been around for one hundred and ten years. Recently, Management has embarked upon new strategies to improve the company and create a better shopping experience for their customers. To do so, some of their sales tactics, as well as employee training to ensure a successful transaction, as well as satisfaction of customers has been examined and improved greatly. JC Penny has embarked on a new sales strategy to boost sales for the Christmas season. Starting Black Friday through Christmas Eve, employees will be handing out more than 80 million small, holiday-themed, circular buttons to customers. This is a ploy used to increase sales, since behind each button is the chance for customers to win great prizes. This is believed to be a better approach than mailing out coupons, since it ensures customers visit the store; increasing sales and giving them a cut above the rest of their competitors. Apart from using this strategy, the company has recently embarked on marketing strategies to equip employees with the necessary knowledge and tools, to improve sales on an everyday basis. Some of these includes: new pricing strategies, new logo and advertising. What they have done with their sale pricing strategies is made their sale prices into everyday low prices for customers to enjoy yearly. In addition to that, there is also easy to decipher tags. JC Penny is changing the way sales are distinguished by using a new tagging system to identify different prices. A red tag shows an â€Å"Every Day† price, a white tag is a â€Å"Month-Long Value†, and a blue tag shows the â€Å"Best Price.† This provides clarity for customers and makes it easier for them. New logo and advertising also has great influence on customers mentally. According to their press release,â€Å"the new JC Penny logo, which combines the elements that have made JC Penny an enduring American brand, by evoking the nation’s flag and JC Penney’s commitment to treating customers fair and square.† This make customers feel welcomed and appreciated and causes an increase in activity among the population of the United States. However before this can be possible, there must be employees who are competent enough to handle the task. For this purpose there are strategic processes which must be adhered when hiring new workers. This is believed to help in obtaining the best suited applicants for the job. These include individuals who are willing; and also share in the vision of the company. The process by which applicants are recruited into the company is similar to that of most business places; which takes the form of an interview. The interview process is intense and helps the employer to test many different skills and attributes of the employee. This is necessary since it allows employers to meet with potential workers face to face. Therefore it helps to distinguish if they are able to represent the image of the company physically both in attire and expression. In addition it helps employers to screen potential candidates to determine the most honest and experienced candidates. Also it helps to find out the punctuality of employees, something that one has to take into consideration; since unpunctuality can lead to upsets and setbacks in a business. It will also help to give an understanding of the knowledge the prospective employer have of the company. By knowing this, one can be able to tell if potential employees know what is expected of them. After the hiring process is over, the staff must be competent enough to deal with customers. They should have the knowledge and experience to do this in such a way as to build long term relationships with customers. This is to ensure smooth transactions and to avoid the loss of customers through unfriendly habits. JC Penny often provided training for new staff to ensure that they are able to understand and display the image that they would want to portray by the company; to ensure customer satisfaction and avoid hostility and unfriendly approach. One of the training programs offered by JC Penny for new employees is the planning and merchandising trainee program. This helps to give trainees the opportunity to experience first hand how buying, planning, allocation and inventory management integrate to produce products in JC Penny stores nation wide and on jcp.com. The 17-week training program is fast-paced and high-caliber. It gives employees the opportunity to gain insight into store environment processes, visit a logistics center, attend specialized training classes, and more. It also fosters interaction among the staff since Planning and Merchandising team members work side-by-side with other trainees throughout the entire process. A host of projects, activities and hands-on training also helps to facilitate learning; making the process enjoyable for participants. Having senior managers mentoring and coaching you to success will only lead to great achievement. Apart from training of new applicants, development training is also very important in the process of continuing to acquire success. This is because as time change so too do people and therefore strategies that were effective ten years ago may not be as successful today. For this purpose companies have to continue to train their employees so they will be able to comply with the changes of society; since strategic training received over a decade ago won’t be profitable in the workplace today. JC Penny provides sales associates with the skills they need to help the company achieve their business objectives in a challenging, supportive learning environment that fosters achievement. They are given the opportunity to build their skills and improve hands on relationships with customers; as they obtain experience to promote development. Associates typically are trained for a particular department, such as home decor or women wear, but may rotate from department to department based on need; they will also complete additional training for other departments. Helping them to be well rounded individuals who will be equipped enough to fill in where ever they are needed in the company. Therefore this additional training helps employees to be better equipped than when they first entered the workplace; increasing competent performances, and improving their ability to handle situations. In addition to normal rotation training, employees also have the opportunity to participate in developmental workshops offered by the company for which they qualify. Therefore this will help to mold them into very capable young individuals, with great experience for future endeavors. Because of the sales force strategies used at JC Penny, the company is noted as one which has both the interest of employees and customers at hand. The training offered to their staff is well executed and well received; resulting in JC Penny being described as a company that turns jobs into careers. In addition, it also creates innovative ways for customers to view the shopping experience; since the sales tactic they use make the experience much more easier, straight forward and convenient than most of their competitors.

Sound in The Tempest and the New Orthodox View :: Tempest essays

Sound in The Tempest and the New Orthodox View  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Critics have offered varying evaluations of the characters in William Shakespeare's The Tempest. Some consider Prospero to be magnanimous for forgiving his enemies, for freeing Ariel from the confines of a tree, and for treating Caliban with great sympathy until the monster's attempted rape of Miranda. Others view Prospero as an oppressive colonizer and consider both Caliban and Ariel to be his innocent and mistreated subjects. In his article "Reading The Tempest," Russ McDonald argues that the new orthodox interpretation of The Tempest, "which exalts the colonized, is as narrow as the old, which idealizes and excuses the colonizer" (117). He argues that the actual status of the characters is considerably more ambiguous, and he supports his view by analyzing the rhetorical devices present in the play. However, a close examination of the various sounds disbursed throughout the work--including speech, silence, and music--tends to support a less ambiguous view of the characters. Indeed, it tends to lend support to the new orthodox view that Prospero is an oppressive colonizer, for he often threatens his enemies and servants with unpleasant sounds and demands silence from others, including his daughter. The play begins with a ship's crew being subject to terrifying sounds that Prospero has ordered Ariel to produce. The sounds are all loud: "whistle," "storm," "cry," "thunderclaps," "fire and cracks," and "roaring" (1.1.7, 14; 1.2.203-5; 2.1.2). The terror that these sounds and the accompanying storm inflict upon the mariners is evidenced by their cries: "All lost! To prayers! To prayers! All lost!" (1.1.52). The infliction of these sounds is also made to appear unjust when Miranda pleads with her father: "If . . . you have / Put these wild waters in this roar, allay them. / . . . O, the cry did knock / Against my very heart. Poor souls, they perished!" (2.1.1-9). Indeed, Prospero often refers to unpleasant sounds as a means of threatening others. "I will plague them all, / Even to roaring," he says of Caliban, Trinculo, and Stephano (4.1.188-214). When Prospero believes Ariel is not providing an eager and willful service, he threatens the spirit with imprisonment in a tree, reminding Ariel that when he was previously trapped, his "groans / Did make wolves howl" (1.2.289-90). Prospero also tells him, "Thou hast howled away twelve winters" (1.2.298). Similarly, Prospero threatens Caliban, carrying out his threats and subjecting the monster to tortures accompanied by unpleasant sounds. Sound in The Tempest and the New Orthodox View :: Tempest essays Sound in The Tempest and the New Orthodox View  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Critics have offered varying evaluations of the characters in William Shakespeare's The Tempest. Some consider Prospero to be magnanimous for forgiving his enemies, for freeing Ariel from the confines of a tree, and for treating Caliban with great sympathy until the monster's attempted rape of Miranda. Others view Prospero as an oppressive colonizer and consider both Caliban and Ariel to be his innocent and mistreated subjects. In his article "Reading The Tempest," Russ McDonald argues that the new orthodox interpretation of The Tempest, "which exalts the colonized, is as narrow as the old, which idealizes and excuses the colonizer" (117). He argues that the actual status of the characters is considerably more ambiguous, and he supports his view by analyzing the rhetorical devices present in the play. However, a close examination of the various sounds disbursed throughout the work--including speech, silence, and music--tends to support a less ambiguous view of the characters. Indeed, it tends to lend support to the new orthodox view that Prospero is an oppressive colonizer, for he often threatens his enemies and servants with unpleasant sounds and demands silence from others, including his daughter. The play begins with a ship's crew being subject to terrifying sounds that Prospero has ordered Ariel to produce. The sounds are all loud: "whistle," "storm," "cry," "thunderclaps," "fire and cracks," and "roaring" (1.1.7, 14; 1.2.203-5; 2.1.2). The terror that these sounds and the accompanying storm inflict upon the mariners is evidenced by their cries: "All lost! To prayers! To prayers! All lost!" (1.1.52). The infliction of these sounds is also made to appear unjust when Miranda pleads with her father: "If . . . you have / Put these wild waters in this roar, allay them. / . . . O, the cry did knock / Against my very heart. Poor souls, they perished!" (2.1.1-9). Indeed, Prospero often refers to unpleasant sounds as a means of threatening others. "I will plague them all, / Even to roaring," he says of Caliban, Trinculo, and Stephano (4.1.188-214). When Prospero believes Ariel is not providing an eager and willful service, he threatens the spirit with imprisonment in a tree, reminding Ariel that when he was previously trapped, his "groans / Did make wolves howl" (1.2.289-90). Prospero also tells him, "Thou hast howled away twelve winters" (1.2.298). Similarly, Prospero threatens Caliban, carrying out his threats and subjecting the monster to tortures accompanied by unpleasant sounds.

Arthur Miller Essay

An important theme in Arthur Miller’s play â€Å"All My Sons† is the responsibility a man has for another man. Miller stressed that people must be held accountable for their actions to society and they will be held accountable by the inevitable justice found in the universe: karma. This theme is expressed through action as well as characters throughout the entire play; it is subtle at first but slowly becomes more prominent until Joe Keller finally realizes exactly how his actions affected people outside of his family. To begin, Keller’s character is important to the theme because he represents the opposite of being responsible for his actions and being held accountable to society. Joe Keller seems like a simple kind of man. His greatest wishes are to obtain the American dream for his wife and to create a legacy to pass on to his son. However, he harbors a dark secret that explains how he achieved those dreams for his family- he knowingly shipped out faulty airplane parts during wartime. Up until the time of the play, Keller did not believe he did a terrible thing by shipping those parts out. As he explains, when he came home from jail he was like an expert on the â€Å"whole jail thing† and, over time, the children â€Å"got it confused and†¦ [he] ended up a detective†(29). Or, more clearly, he went from being the bad guy to being the good guy. In Keller’s mind, he was the good guy because he saved his family from being poor and having their reputations in the gutter. He says to his wife, â€Å"you wanted money, so I made money†(76). To him, he simply did what he had to do to protect and take care of his family. At that point in his life he was not able to see the big picture of things; he was only able to see one little contour, just one small piece, of what makes up the universe. Furthermore, it is evident that Keller’s small piece of the universe, his family, is what is most important to him. Throughout the play he tells Chris that everything he has done with the business , including sending out cracked gear heads, was for Chris: â€Å"it was a chance and I took it for you†(70). Keller believed that he had to send out those parts so that he would still have a business to pass on to his son. Chris replies â€Å"what is that, the world- the business?†(70). He is asking his father if the whole world is the business. And the answer in Keller’s mind is, as long as it takes care of his family, yes it is the world. Slowly, though, Keller begins to see just what his actions have caused to happen to other people. Take, for example, when he speaks to Ann about her father, Steve. He finds out that Ann and George never visit Steve in jail and that they don’t even write to him. Keller is unable to understand why the children would â€Å"crucify† their father and he pleads with Ann to not â€Å"make a murderer out of him†(32). He realizes that Steve’s life was ruined and his relationships with his children, something that Keller gives very high value to, are ruined as well. It is also easy to believe that Keller doesn’t want to see Steve crucified because if he is, that means that Keller should be too. And if Keller was punished for his actions, that means there is â€Å"something bigger† in the world than the relationship between father and son. The whole ordeal with Steve and Steve’s children gives Keller a clue that there may be bigger things in the world than familial relationships and also that there may be consequences to wrongful actions. Finally, Chris and Larry (posthumously) work to enlighten Keller that â€Å"there’s a universe of people outside and that [he’s] responsible to it†(84). Chris’ character alone serves as a guidepost to this revelation. He is the epitome of the idea of responsibility and accountability to society because he is the person that reaches for something he wants but pulls â€Å"back because other people will suffer†(16). Chris takes other people’s feelings and well-being into account before he acts. He learned to be so self-less in the war, as he watched his men kill themselves for each other. He describes it as â€Å"a kind of†¦ responsibility. Man for man†(35-36). He learned that you cannot only look out for yourself in this world, but you have to help other people out as well. And Larry, whom Keller thought shared his ideas on the way the world was made (with a â€Å"forty-foot front†), had a good sense that people must consider the good of the many before they act for the few. It is his letter to Ann, in which he states he â€Å"can’t bear to live anymore†(83) because of what his father did, that brings everything crashing down around Keller. In the same way Larry’s memorial tree came crashing down and allowed more light to shine into the arbor, his letter shined light onto the true ways of the universe. Everything that Keller stood for, everything he believed in was wrong. He finally realized that he did a terrible thing that killed not only strangers, but people who were fathers, brothers, and sons. In essence, he killed the thing he lives for; he killed family. This revelation drives home the idea that justice will inevitably be brought to the wrong-doers. Keller’s karma comes back and makes him not only set everything right in the universe again but pay the ultimate price for his actions: death by his own hand. Chris, Ann, and Kate can now move forward, not bogged down by shame and guilt, and they can â€Å"live.†

What Is Internal Energy

In chemistry and physics, internal energy (U) is defined as the total energy of a closed system.Internal energy is the sum of potential energy of the system and the systems kinetic energy. The change in internal energy (ΔU) of a reaction is equal to the heat gained or lost (enthalpy change) in a reaction when the reaction is run at constant pressure. Internal Energy of an Ideal Gas The internal energy of an ideal gas is a good approximation of a real-world system. In such as system, the particles in an ideal gas are considered to be point objects that have completely elastic collisions with each other. The real behavior of the monatomic gases (e.g., helium, argon) mirrors this model. In an ideal gas, internal energy is proportional to the number of particles of moles of a gas and its temperature: U cnT Here, U is internal energy, c is the heat capacity at constant volume, n is the number of moles, and T is the temperature. Sources Crawford, F. H. Heat, Thermodynamics, and Statistical Physics. Rupert Hart-Davis, London, Harcourt, Brace World, Inc., 1963.Lewis, Gilbert Newton, and Merle Randall. Thermodynaics, revised by Kenneth S. Pitzer and Leo Brewer, 2nd ed., McGraw-Hill Book Co., 1961.

The Louisiana Purchase A Deal Between the US and France - Free Essay Example

Sample details Pages: 1 Words: 393 Downloads: 6 Date added: 2019/08/16 Category History Essay Level High school Tags: The Louisiana Purchase Essay Did you like this example? The Louisiana Purchase (1803) was a land deal between the United States and France, in which the U.S. acquired approximately 828,000 square miles of land west of the Mississippi River. The territory stretched from the Mississippi River to the west of the United States. Don’t waste time! Our writers will create an original "The Louisiana Purchase: A Deal Between the US and France" essay for you Create order Its southernmost tip was the city of New Orleans and the North included Minnesota, North Dakota, and Montana up to the border of Canada. Today, the land included in the purchase comprises about ? of the United States territory. The louisiana purchase is significant in American history because it helped the U.S. acquire almost half of the land we live on today and nearly doubled the size of the U.S. It also helped the U.S. because it helped them gain control of the Mississippi River. The U.S. had been growing rapidly. In search of new land to plant crops and raise livestock. Napoleon Bonaparte Napoleon Bonaparte was who sold the Louisiana property and he sold it because his attention was being consumed by the war and began to saw the territory as a burden. In 1803 Napoleon sold the territory. He decided to sell 828,000 square miles to the U.S. for the amazing price of 15 million U.S. dollars. At first Napoleon refused to sell. He had hopes of creating a massive empire that included the Americas. Soon, Napoleon began to have troubles in Europe and need money desperately and ended up selling the territory. Napoleon also didnt mind selling the land as he thought it would hurt his enemy, England. Thomas Jefferson The Louisiana purchase occurred during the third presidency of the United States, The president at this time was Thomas Jefferson. In 1803 the Louisiana purchase added Creoles and French settlers to the U.S. population. The Louisiana purchase also re-ignited controversy over the spread of slavery in the U.S. The Louisiana purchase was a treaty. Why? Because the Constitution grants the president the power to negotiate treaties which is exactly what Thomas Jefferson did. Lewis and Clark Expedition The Louisiana territory was so big that Jefferson sent Meriwether Lewis and William Clark on an expedition to explore the newly bought territory. Tragedy; Slavery and the Civil War The issue of slavery in the Western land of the territory became a major issue in later years and part of the cause of the American Civil War.