Age Discrimination Lawsuit and Case Study - 1027 Words

II. PROPOSED QUESTION: Will David prevail in his age discrimination suit against ABC? II. SHORT LEGAL ANSWER: Yes, David will prevail in his age discrimination lawsuit against ABC because the behavior of the supervisor violated the Age Discrimination in Employment Act (ADEA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC). III. RESEARCH IN SUPPORT OF YOUR ANSWER * Jason, a 35 yr. old employee was promoted to foreman while passing over David and has been with the company 2 years. * David, a 60 yr. old employee has been with the company for 15 years with excellent evaluations. * The immediate supervisor told David that â€Å"Jason is going to places in this Company†. * When David applied†¦show more content†¦There is also the matter of comments made to David from his supervisor regarding Jason’s future with the company and a comment directly related to David’s age which will be difficult to defend under the circumstances surrounding recent publicity with Wal-Mart and Lockheed Martin. These comments are blunt violations of the EEOC’s enforcement of age discrimination in the workplace and will provide further evidence that age was a considering factor in Jason’s promotion. RECOMMENDATIONS It is not my recommendation that ABC wait for the EEOC to perform investigation and file suit against the company. In recent history these proceedings become public affairs and will reflect poorly on ABC and its management regardless of the court’s ruling. ABC’s management should begin mediation with David to prevent suit being filed with the goal of settlement outside of court with ABC’s remedial options including: * Discrimination training for all management positions * Possible dismissal of the offending supervisor pending mediation results with David * Immediate promotion opportunity for David and other age-protected employees * Review and/or additional provisions to the employee handbook regarding ADEA in theShow MoreRelatedWorkplace Discrimination : Tips For Executives, Managers, And Students1261 Words   |  6 Pages David A. Robinson wrote a short book, Workplace Discrimination: Tips for Executives, Managers, and Students to Increase Productivity and Reduce Litigation, in hopes to help managers and future managers avoid illegal discrimination and avoid discrimination lawsuits. 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ThomasvilleRead MoreThe Importance of Ethical Business Practices: Walmart Law Suites 842 Words   |  4 PagesThis issues study is aimed to explain the importance of ethical business practices which also include social responsibilities and will be compared to an example of an unethical business practice. It will explore the different unethical issues in business, the benefits of running an ethical business and this will be done with reference to a certain case study. Ethics are moral guidelines which govern good behavior. For a business to behave ethically, it must follow strict guidelines which ensureRead MoreWal Mart s Compliance With The Eeoc Laws1658 Words   |  7 PagesWal-Mart Case Study With Wal-Mart being the site of various lawsuits little perplexity is left surrounding the multitude of cases involving discrimination and violations of the United States Equal Employment Opportunity Commission (EEOC) laws. 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Comparison of Three Prominent Women in American History...

Comparison of Three Prominent Women in American History (1616-1768) Women did not have many rights during 1616-1768, these three prominent women Pocahontas, Anne Hutchinson and Hannah Griffitts, will show many changes for women symbols from the Colony America, American Christianity to Boycotting British Goods. All three were involved in religious, political and cultural aspects during there time, making many changes and history. There are three documents that will be used to compare these three women Pocahontas Engraving (1616), Simon Van De Passee, The Examination of Mrs. Anne Hutchinson at the Court at Newton (1637), David D. Hall and Women’s Role In Boycotting English Goods, Hannah Griffits (1768), The Female Patriots. Simon Van†¦show more content†¦Ã¢â‚¬Å"Reverend Samuel Purchas thought she â€Å"Carried Herself as the daughter of a King.† (Passee p 39) After the Engraving Pocahontas died of unknown causes, her ship she would have been on to embark went on back to her home in Virginia. David D. Hall looks at the Examinati on Of Mrs. Anne Hutchinson at the Court at Newton (1637). (Hall p 55) In his writing he talks about the Anne Hutchinson and her summons before A council of leading Ministers and magistrates of the Massachusetts Bay Colony, where Anne Hutchinson would defend her unorthodox and beliefs and teaching. Anne Hutchinson was a seventeenth century women who used her voice freely and forcefully, as a result political maneuvering by the council destroyed her. Which this would lead the Antinomian Controversy. This controversy made Hutchinson famous in the unfolding in the Massachusetts Bay Colony from 1636 to 1638, which the council was deeply satisfied with the teachings of several church leaders; begin to publicly express their discontent. â€Å"Hutchinson and others argued that preachers were promoting a covenant of works rather than a covenant of grace, wrongly communicating the idea that an indivual could be saved by obedience and duty rather than solely by redeeming grace of the holy sp rit†. (Smith p 437) Hutchinson and followers wanted an endorsement that was clear of theShow MoreRelatedMedicare Policy Analysis447966 Words   |  1792 PagesI 111TH CONGRESS 1ST SESSION H. R. 3962 To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 29, 2009 Mr. DINGELL (for himself, Mr. RANGEL, Mr. WAXMAN, Mr. GEORGE MILLER of California, Mr. STARK, Mr. PALLONE, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education

The Importance of Literature to Humanity Free Essays

â€Å"Literature speaks the language of the imagination, and the study of literature is supposed to train and improve the imagination† (Frye 134). According to Northrop Frye the imagination is the combination between emotions and intellect in every individual. The more an individual is exposed to literature the better that person is at expanding their imagination, which he calls the educated imagination. We will write a custom essay sample on The Importance of Literature to Humanity or any similar topic only for you Order Now Having an educated imagination helps one to think for themselves and create their own ideas and opinions. The educated imagination is a necessity of life in a political world, the study of literature is not an â€Å"elegant accomplishment† but a means of entry into a â€Å"free society† (Frye 147). With an educated imagination one is able to distinguish between moral and aesthetic truth, this is extremely important when it comes to politics. Politicians or simply people in a higher authority often use rhetoric language to manipulate and brainwash people with lies. In the novel Fahrenheit 451, Ray Bradbury shows the negative effects rhetoric language can have on those with an uneducated imagination and that without literature society produces a world filled with ignorance. The absence of books in Fahrenheit 451 creates darkness within the society. In literature darkness is a symbol of ignorance, evil, falsehood, oblivion, despair and the unknown. Light on the other hand represents goodness, life, knowledge, fame and hope. During the entire novel the author constantly relates to darkness and night, â€Å"In the late afternoon it rained and the entire world was dark and grey† (Bradbury19). Books represent light; it provides people with knowledge, exposes truths and educates the mind. In this society books are illegal and the job of a fireman is to burn any house that contains books in it. Due to the burning of these books there is a lack of light in this society, just utter darkness. Because of the ignorance within the civilization the politicians are able to manipulate and convince the population that books and everything else that causes one to think is evil. This way they are able to easily influence and lead the population. Those that have been exposed to books realize that they are living in darkness and that their only way to get out of the darkness is through books, †Maybe these books can get us half out the cave† (Bradbury 74). All the darkness within the society has blinded the people into being unaware as to what is going on around them. The population is unconsciously being brainwashed and forced to conform without even knowing it. â€Å"We must all be alike. Not everyone born free and equal, as the constitution says, but everyone made equal† (Bradbury 58). Watching television became the major replacement for literature. This is because watching television does not require one to think but influences their thoughts which later influences their actions. The subconscious believes television is real. Watching television physically damages the brain and reduces intelligence. It also switches brain activity from the left side of the brain which is responsible for logic and critical analysis to the right side of the brain that is responsible for emotional responses. This allows each viewer to be heavily influenced and brainwashed by what they see and hear on TV. By restricting the population from literature and replacing it with televisions, they are decreasing the intelligence within the population making it easier to have full control over the society. Without the education one receives from books these people are simply sheep in a herd following their Sheppard. â€Å"The man who does not read books has no advantage over the man that cannot read them† Mark Twain. The society is afraid of being inferior to those who read and understand. All books have meaning. Reading gives people time to think and reflect on not only the text, but their lives as well, â€Å"So now do you see why books are hated and feared? They show the pores in the face of life† (83), books reveal the truth about the world. By burning books the firemen are destroying knowledge and promoting ignorance. This is the reason for all the ignorance and darkness within the society. Due to the lack of literature the people have an uneducated imagination and are therefore unable to see past the governments’ use of rhetoric. the first thing our imaginations have to do for us, as soon as we can handle words well enough to read and write and talk, is to fight to protect us from falling into the illusions that society threatens us with† (Frye 60). Those who are caught reading books are exterminated or taken away to reduce the chances of them spreading their wisdom to others. Those that read are smarter and are seen as a threat to society. These individuals are able to see past society’s use of rhetoric, â€Å"We can see here how the ordinary use of hetoric, which attempts to make society presentable, is becoming hypocritical and disguising the reality it presents beyond the level of social safety† (Frye 61). The rhetoric use of language in this society is to persuade the population into believing that being intellectual is a sin, and books are the cause of this sin, â€Å"So! A book is a loaded gun in the house next door. Burn it. Take the shot from the weapon. Breach mans mind. Who knows who might be the target of the well read man? Me? † (Bradbury 58). Those that did read were able to oppose the use of eloquence. Clarisse was considered abnormal and a threat because she thought about things and often asked why, â€Å"She didn’t want to know how a thing was done, but why. That can be embarrassing. You ask why to a lot of things and you wind up very unhappy indeed, if you keep at it. The poor girl’s better off dead† (Bradbury 60). Once again rhetoric language is used to justify the death of Clarisse and criticize the use of imagination. The main character Montag is a fireman who also reads books and is smart enough to see the flaws in his society. For this he is considered a burden and wanted by police. Those that read are able to see that there is more to life than pleasure and titillation. â€Å"Forgive a child who is afraid of the dark, the real tragedy of life is when men are afraid of the light† -Plato. The people in this novel are afraid of the light. They are afraid of literature and the truth, knowledge, and all goodness that comes with it. Due to the lack of literature in this society, the population is ignorant and unable to think individually. Because of the ignorance within the population the government has full control over their lives. Each individual deserves the right to live imaginative and free lives. â€Å"The fundamental job of the imagination in ordinary life, then, is to produce, out of the society we have to live in, a vision of the society we want to live in† (Frye 60). Without literature the imagination becomes limited and people are unable to vision the society they want to live in. As the world becomes more modern and grows further, away from literature, society beings to look more like Fahrenheit 451 where citizens are nothing but a sheep in a herd. How to cite The Importance of Literature to Humanity, Essays

Planning and Measuring Performance free essay sample

Planning and Measuring Performance Planning and Measuring Performance This paper will discuss Hospital Corporation of America’s (HCA) goals of achieving industry-leading performance in clinical and satisfaction measures and recruiting and employing physicians to meet the need for high quality health services (University of Oregon Investment Group, 2011). This paper will also discuss which tools would be most effective in measuring the organization’s performance against the determined standards. The actual standards that HCA would use to measure the first goal of achieving industry-leading performance in clinical and satisfaction measures are set by The Joint Commission. According to Kicab Casta eda-Mendez (1999), achieving improved clinical performance and satisfaction measures requires performance measures in three areas: * To lead the entire organization in a particular direction. * To manage the resources needed to travel in this direction. * To operate the processes that make the organization work. According to Kicab Casta eda-Mendez (1999), these measures are: * Strategicto drive strategies into action and change the organizational culture. We will write a custom essay sample on Planning and Measuring Performance or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page * Diagnosticto evaluate the effectiveness of these actions and the extent of change. * Operationalto improve continuously. The most effective tool to measure these improvements is benchmarking. Benchmarking against the top healthcare companies will determine if HCA is achieving industry-leading performance in clinical and satisfaction measures. Without benchmarking HCA could not determine if the company was leading the industry or if they were at the bottom of organizational ladder. HCA’s goal of hiring physicians to meet the need for high quality health services can be measured by determining the number of physicians need to accommodate the number of patients, determining the specialties/ sub-specialties the physicians are needed in, as well as measuring the retention rate of the physicians. The Balanced Scorecard would best fit this goal. The Balanced Scorecard allows the company to see the projected percentages and the actual percentages of the measurements. It also helps the company see what needs to be changed and gives direction for those changes. HCA can use benchmarking and the Balanced Scorecard to measure the different aspects of their goals. HCA will also be able to see the areas that need improvement and have some guidance into making these changes. With these tools HCA will be able to make an effective go at achieving their goals. References University of Oregon Investment Group (May 6, 2011). Hospital Corporation of America. Retrieved from http://uoinvestmentgroup. org/wp-content/uploads/2011/05/HCA. pdf Casta eda-Mendez (1999). Performance Measurement in Healthcare. Retrieved from http://www. qualitydigest. com/may99/html/body_health. html