...|Toy Company| Memo To:|CEO| From:|Roger Smith - Elementary Division Manager| Date:|January 5, 2013| Re:|Constructive Discharge and Title VII of the Civil Rights Act of 1964| || The work change policy enacted on January 1st, 2013 has lead a former employee claiming constructive discharge due to religious accommodation under Title VII of the Civil Rights Act of 1964. The following content will show the legal associated with his case, our defense against his claim and legal judgments that will assist us on our defense. The Title VII of the Civil Rights of 1964 was enacted to ensure all workers regardless of race, color, religion, sex, or national origin would have a fair working environment, and to prevent employers from using the aforementioned criteria as a basis of discrimination or possible discharge. This case involves three separate issues pertaining to the Title VII legal statute: religious discrimination, religious accommodation, and constructive discharge. Religious Discrimination Title VII states employers are prohibited from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. (EEOC, 2013) In this case, the former employee is stating our company used his religious beliefs or practices as a basis to remove him from our work force. This was done (as stated by the employee) by the change his work schedule. By working a rotating 4 day on/4 day off schedule, our company would require him to...
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...(JDT) Task 1 September 6, 2014 JDT2 Task 1 To: CEO From: Elementary Division Manager Date: September 6, 2014 Subject: Response to Title VII of the Civil Rights Act of 1964 claim made by former employee. A. Constructive discharge is defined as when a worker resigns due to a hostile work environment created by the employer (elaws, 2014). This can occur when an employer makes significant changes to the terms or conditions of worker’s employment (elaws, 2014). In the case of the employee who filed a claim, the work hours were changed to 12-hour shifts, with four days on and then four days off. The four workdays can occur any of the days of the week. The former employee claimed that the workday could be on a religious holy day. In this case, there is cause to claim constructive discharge. The work hours changed significantly from when the employee was hired. To determine whether constructive discharge was used in this employee’s resignation, there are two tests. First, a reasonable person in the employee’s position would find the working conditions intolerable, and second, the employer created an offensive work environment with the intent to force the employee to quit (Constructive Discharge, 2014). B. Title VII: Section703 of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gomez et al, p. 92). Protected class theory states that...
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...Memorandum To: CEO From: Insert Name Date: Re: Constructive Discharge Claim I was notified by the corporate attorney about a former employee filing a claim for Constructive Discharge under Title VII of the Civil Rights Act of 1964. Upon notification I did the following research into the position we as a company need to take. How is constructive discharge relevant as a legal concept to the current scenario? At the beginning of this year the company implemented a new work shift policy to keep up with the growth of the organization. The policy requires that employee’s in the production group work 12 hour shifts with 4 days on then 4 days off in a rotating manner. This means that at times some employee’s will be working on a religious holy day. The former employee is claiming constructive discharge as the reason for his leaving the company. Constructive discharge is a discriminatory practice where an employee is forced to resign because of a perceived intolerable work environment. The court system generally agree with the employee if it is determined that a reasonable person would feel the same way if in the same position (Dempsey & Petsche, 2006). The courts also will usually require that the employee show that the intolerable working condition with the intent of forcing the resignation was deliberate (Dempsey & Petsche, 2006). Also our former employee, the plaintiff, must show prima facie evidence that such discrimination has occurred (Gomez-Mejia, Balkin...
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...Rjdt Task 2a By saltzmachine | Studymode.com Human Resources RJDT Task 2a Mitchell Shaneman February 12, 2013 Memorandum To: CEO; Executive Team From: Eric Saltzman, Manager Elementary Division Date: February 11, 2013 Subject: Alternatives for the decision regarding the high lead found in the whistles. The situation of determining how to handle the recently discovered high lead content in the large whistles order is a difficult one that will in some way affect the company. Three alternatives have been made to allow options for this decision. Alternative 1: Say nothing; allow the whistles shipment to go without notifying the customer. Alternative 2: Replace the customer’s order by providing whistles that meet the appropriate company standards. Alternative 3: Contact the customer and explain the situation, offer them a discount for on the whistles that are lower than the company standard. Decision Process The process for choosing the three alternatives began by identifying the decision to be made. The decision at hand is what to do with the information discovered about the order of whistles going to a school in South America. This is a big decision that will affect the company in each alternative. The next step of the process is listing options possible for the situation, and then studying those options by listing advantages and disadvantages of each. Then the decision was made by choosing the best overall solution for...
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...MEMO TO: CEO FROM: Division Manager DATE: January 29, 2014 RE: Discrimination Research ****************************************************************************** The following are my findings regarding the constructive discharge from the employee that has left our company after our policy change. The employee is alleging that we discriminated against them because we made them work on a “Holy Day.” He is claiming “constructive discharge.” Constructive Discharge is when an organization makes the employee’s work environment was so intolerable that they had no choice but to quit (constructive dismissal). He is stating that because we change the work schedule from a five day Monday through Friday to a 12 hours shift, four days on and four days off. Since this new schedule means that they can end up working any day of the week including Saturday or Sunday, he would have to work on the “Holy Day”. Since the production workers are the only ones that the schedule changed for, this can be portrayed that we are discriminating them. Religion is one of the protected categories that are protected under Title VII of the Civil Rights Act of 1964. This is Act protects employees from being discriminated on the bases of race and color, national origin, religion, and sex. This Act is only in effect for companies that have more than 15 employees. Discrimination is in all aspects of a person’s employment. You cannot discriminate in the Recruiting, Hiring...
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...Mr. Jones, As you are aware, a former employee has filed a claim with the Equal Employment Opportunity Commission (EEOC) against Toy Box Industries (TBI) under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the New Year, requiring employees to work 12-hour shifts with four days at work and then days off. The four workdays can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members had no change in their schedule and continue to work from 8:00 a.m. to 5:00 p.m., Monday through Friday. As requested, I have done some initial research into how the company should respond to the employee’s claim. Constructive Discharge Constructive discharge is a legal term that references a situation in which an employee feels “no other choice” but to resign their position due to alleged intolerable working conditions such as workplace harassment or discrimination as defined under Title VII of the Civil Rights Act of 1964. Two Supreme Court cases in 1998 provided some guidance regarding...
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...Best Toy Ever Company Mr. Charles Smith CEO ! ! Dear Charles, My findings for the claim filed against Best Toy Every Company in regards to changing the work schedule policy is as follows: A. Constructive Discharge: A discriminatory constructive discharge occurs when the employer discriminatorily creates working conditions that are so difficult, unpleasant, or intolerable that a reasonable person in the aggrieved person's position would feel compelled to resign. In other words, the aggrieved person is essentially forced to resign under circumstances where the resignation is tantamount to the employer's termination or discharge of the employee. (eeoc.gov) As a company we need to ensure that all accommodations were made to the employee before the employee decided to resign. Options that could have been extended to the employee would have been: a possible transfer to the “office” department- to keep current schedule; possibility of trading shifts with other employees to cover the holy day. The current information known about this employee, I do not believe that constructive discharge took place. The option to quit the current position was not forced, but elected by the individual. More details would be needed to confirm, but from the summary about the previous employee, it does not mention that the company did not attempt to work the former employee to keep them employed. Employees need to understand that different items (including productions schedules) change from time...
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...Date Evaluated: 02/20/2013 04:55:49 PM (MST) DRF template: JDT2 Human Resources (V2 GRADUATE-0610) Program: JDT2 Human Resources (V2 GRADUATE-0610)-PA Evaluation Method: Using Rubric Evaluation Summary for Human Resources: JDT Task 3 Final Score: Does not Meet Overall comments: An outstanding presentation has been provided, effectively discussing succession planning and team performance. Only two aspects, pre appraisal activities and steps the CEO and board of directors should take to implement the key points covered in the presentation require addition support. Detailed Results (Rubric used: JDT Task 3) Articulation of Response (clarity, organization, mechanics) (0) Unsatisfactory (1) Does Not Meet Standard (2) Minimally Competent The candidate provides limited articulation of response. (3) Competent The candidate provides adequate articulation of response. (4) Highly Competent The candidate provides substantial articulation of response. The candidate provides The candidate provides unsatisfactory articulation weak articulation of of response. response. Criterion Score: 4.00 A1. Optimal Results (0) Unsatisfactory The candidate does not present the optimal results of a well-prepared and well-delivered performance appraisal. (1) Does Not Meet Standard The candidate presents the optimal results, with no detail, of a wellprepared and welldelivered performance appraisal. (2) Minimally Competent The candidate presents the optimal results, with limited...
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...JDT Task 2 Unsatisfactory Needs Revision Satisfactory Score/Level Articulation of Response (clarity, organization, mechanics) The candidate provides unsatisfactory articulation of response. The candidate provides weak articulation of response. The candidate provides adequate articulation of response. A1. Decision Alternative The candidate presents 0–1 appropriate possible decision alternatives to address the problem regarding the whistles. The candidate presents 2 appropriate possible decision alternatives to address the problem regarding the whistles. The candidate presents 3 appropriate possible decision alternatives to address the problem regarding the whistles. A1a. Alternative Process The candidate does not provide a logical explanation of the process that was used for selecting each alternative. The candidate provides a logical explanation, with insufficient detail, of the process that was used for selecting each alternative. The candidate provides a logical explanation, with sufficient detail, of the process that was used for selecting each alternative. A1b. Alternative Advantages and Disadvantages The candidate does not provide a logical discussion of the advantages and disadvantages of each alternative. The candidate provides a logical discussion, with insufficient detail, of the advantages and disadvantages of each alternative. The candidate provides a logical discussion, with sufficient detail, of the advantages and disadvantages of each...
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...Chapter – 1 INTRODUCTION The world as we know it today is centered on the workings and ability of the World Wide Web. Internet security, however, is one area of concern and poses one of the biggest challenges to this internet savvy era. Our interaction with the internet has increased to such an extent , that experience, mixed with continued research has taught us that with each such interaction, we are prone to many malicious attacks, security lapses and even extremely skilled hacking operations. The field of Network Security and Cryptography has come a long way in the past decade, but it is safe to say that there is a lot more work to be done. Here we choose to concentrate on Web Applications and we particularly approach them from the developer’s perspective. With every step taken towards better security on the internet, end-users are doing their bit to safeguard their systems and data. However, keeping in mind how commercial and competitive the world we live in has become and the manner in which the market for web related products has grown, it becomes imperative for a developer to ensure that his web application is not just marketable as a breakthrough user friendly concept but also as a secure one. We imagine a world where, every skilled developer is able to make phenomenal applications and is able to provide his users with a large amount of credibility and reliability in terms of security. We aim to conceptualize and subsequently generate a security tool exclusively...
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...JDT Task 2 Carol Gore 4-10-14 A1. Decision Alternative The whistles that were scheduled to be shipped to schools in South America at the end of the week contained a higher amount of lead than the U.S legally acceptable limit will allow for children ages 7 and younger. The cost that will be extensive to reproduce the product and repackage the whistles in order to reduce the traces of lead. The decision must be made as to what the next course of action will be to meet quality requirements as well as the ethical concern that would be present if we shipped the whistles with the problem that has been identified. I believe there are a few options to consider. 1) The first action would be to immediately re-test the product to ensure the quality assurance test was accurate. This might involve additional dollars spent, but would be worth the risk if the quality controls were calibrated incorrectly, or performed inadequately. If the re-evaluation reveals similar results then we will proceed with additional alternatives. 2) If the retesting reveals similar results, we can sell the current shipment to an older age population. The lead testing, and acceptable levels are very specific to a certain age population. The lead level was too high for the children 7 and under but might be acceptable for children over the age of 7. If this alternative is not an option then we will be forced to reproduce additional products to meet the demand for this toy. 3) Reproduction of the...
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...TOUCH SCREEN PHONE AS A VIRTUAL KEYBOARD AND TRACKPAD TABLE OF CONTENTS Topic Page No. Table of Contents List of Figures i iii 1. Introduction 1.1 Abstract 1.2 Introduction and Motivation 1.3 Problem Statement 1.4 Scope of the Project 1.5 Organization of Project Report 2. Review of Literature 2.1 Domain Explanation 1 1 1 2 2 3 5 5 2.2 State of the current Methodology and Technology used 6 2.3 Methodology and Technology used 2.3.1 Android 2.3.2 Java 2.3.3 Eclipse 2.3.4 ADT Plugin 2.4 Project Overview 3. Analysis and Design 3.1 Requirement Analysis 3.1.1 Functional Requirements 3.1.2 Non-Functional Requirements 3.1.3 Hardware Requirements 3.1.4 Software Requirements 3.2 Project Design 3.2.1 Architecture diagram 3.2.2 Use Case diagram 3.2.3 Activity diagram 9 9 11 12 13 13 14 14 14 14 15 15 16 16 19 20 i 3.2.4 Sequence diagram 3.2.5 State Chart diagram 4. Implementation and Results 4.1 Implementation Details 4.2 Results 5. Testing 5.1 Test Cases 6. Conclusion and Further Work 6.1 Conclusion 6.2 Further Work References Acknowledgements Summary 21 22 23 23 25 29 29 31 31 31 ii LIST OF FIGURES Fig No. Label Page No. 2.1 3.1 3.2 3.3 3.4 3.5 4.1 4.2 4.3 4.4 4.5 Android Architecture Architecture Diagram Showing Components and Connectors Use Case Diagram Activity Diagram for Cursor Positioning Sequence Diagram for Text Input State Chart Diagram of Touch Screen Connection Screen Screen for cursor positioning and object selection Screen for text input...
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...Understanding Open Source Software Development Process Abstract: As the assignment requirement, we selected eclipse, Linux kernel and commercial software from the corporation of one member. It is the regret that we had not enough time to collect all statistics by ourselves, and instead of that, papers and blogs are the main resources for open source part in this document. The open source software is introduced before the commercial one. Keywords: development process, code ownership, defect density, bug lifetime Background: Linux Kernel In April 1991, Linus Torvalds, a 21-year-old student at the University of Helsinki, Finland started working on some simple ideas for an operating system. He started with a task switcher in Intel 80386 assembly language and a terminal driver. On 26 August 1991, Torvalds posted the following to comp.os.minix, a newsgroup on Usenet: I'm doing a (free) operating system (just a hobby, won't be big and professional like gnu) for 386(486) AT clones. This has been brewing since April, and is starting to get ready. I'd like any feedback on things people like/dislike in minix, as my OS resembles it somewhat (same physical layout of the file-system (due to practical reasons) among other things). After that, many people contributed code to the project. Early on, the MINIX community contributed code and ideas to the Linux kernel. At the time, the GNU Project had created many of the components required for a free operating system, but its own kernel...
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...Android vs iPhone Junyao Zhang April 12, 2010 This is a complete analysis and comparison between Android and iPhone OS. The rest of this report is organized as follows. Section ?? outlines the system architecture, history and detail management configuration. Section ?? discusses the iPhone system. In Section ??, a comparison between these two systems is presented. 1 Android Android, originally meaning “robot”, is a mobile operating system using a modified version of the Linux kernel. It was initially developed by Android Inc., a firm later purchased by Google,[?]and lately by the Open Handset Alliance[?]. It allows developers to write managed code in the Java language, controlling the device via Google-developed Java libraries.[8] It empolys the software stack architecture, as shown in Figure 1. • Android relies on Linux version 2.6 for core system services such as security, memory management, process management, network stack, and driver model. The kernel also acts as an abstraction layer between the hardware and the rest of the software stack. It is implemented by programming language C. • The middleware level includes Runtime and Libraries. The Runtime includes core libraries, providing most of the functionality available in the core libraries of the Java programming language, and Dalvik virtual machine which allows every Android application runs in its own process. The Libraries is used by various components of the Android system, such as Media Libraries, 3D libraries...
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...Australia Ltd, 42 McDougall Street, Milton, Queensland 4064, Australia John Wiley & Sons (Asia) Pte Ltd, 2 Clementi Loop #02-01, Jin Xing Distripark, Singapore 129809 John Wiley & Sons Canada Ltd, 6045 Freemont Blvd, Mississauga, ONT, L5R 4J3, Canada British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 0 471 49922 6 Typeset in 10/12pt Times by Laserwords Private Limited, Chennai, India Printed and bound in Great Britain by Bookcraft (Bath) Ltd, Midsomer–Norton This book is printed on acid-free paper responsibly manufactured from sustainable forestry, in which at least two trees are planted for each one used for paper production. Contents Preface Acknowledgements 1...
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