...Harassment * A Word about Color * The Reconstruction Civil Rights Acts * 42 U.S.C. Section 1981 * 42 U.S.C. Section 1983 * 42 U.S.C. Section 1985 * Management Tips * Summary * Chapter-End Questions Opening Scenarios SCENARIO 1 An employer has a “no-beard” policy, which applies across the board to all employees. A black employee tells the employer he cannot shave without getting severe facial bumps from ingrown hairs. The employer replies that the policy is without exception and the employee must comply. The employee refuses and is later terminated. The employee brings suit under Title VII on the basis of race discrimination. Does he win? Why? Why not? SCENARIO 2 Two truck driver employees are found to have stolen goods from the cargo they were carrying. The black employee is retained and reprimanded. The white employee is terminated. The white employee sues the employer for race discrimination under Title VII. Who wins and why? SCENARIO 3 A black female employee is terminated during a downsizing at her place of employment. The decision was made to terminate the two worst employees, and she was one of them. The employer had not told the employee of her poor performance nor given her any negative feedback during evaluations to enable her to assess her performance and govern herself accordingly. In fact, there were specific orders not to give her any negative feedback. The employee sues for racial discrimination, alleging it was...
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...2009 Compensation & Benefits Survey Questionnaire Any systematic approach to sound salary and benefits administration requires complete, accurate and reliable survey data. It is your reporting that counts. Please complete this compensation and benefits questionnaire and return it by July 31, 2009, so that we may in turn provide you with the most reliable data possible. This survey is also offered online here: http://www.hrsource.org/olstart/olsite/index.cfm. Your userID/password are supplied on the cover letter included with this mailing, or call or email us to have it sent again. Please Print: (This information will remain confidential and will not be re-distributed to any third parties.) Completed by: __________________________________________________ Organization: _____________________________________________________ Phone: ______________________________________________ Email: _________________________________________________________ INSTRUCTIONS To make this survey the greatest value to you and to all other participants, please follow these instructions carefully: QUESTIONS 2 & 3: Please provide information for these two questions based on your location. This information is used to present data in different formats in the results. PAY PERIOD: Report salaries for the pay period nearest to July 1, 2009. REPORTING PAY: Base rates are defined as actual straight time pay. Do not include overtime premiums, shift differentials, bonuses or any other incentives or variable...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability to follow limiting instructions, and the potential harm from the evidence is so grave as to outweigh the modest benefits, so we exclude the evidence E. protecting rt to jury trial 1. part of the 6th A rt to a jury trial is the rt to an effective jury – jury must be able to do more than just what the judge says; so judge must protect jury prerogative to view evidence and draw...
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...The Assignment BUS 520 Meaning of action: semantic vs pragmatic. The importance of language : How we speak about action; what are the specific circumstances between actors. Language creates new meanings. New linguistic meanings create new possibilities and social realities. And language and action inform each other. Example: the statement “Jump from the window!” can mean many things. The statement can be “reinterpreted in many ways” and “different kinds of actions” are compatible/triggered by that statement, other than the literal interpretation and action that reflects the literal meaning. Semantics views action as propositional sentences. Seen as statements that someone makes to someone about something; they refer to events in the world (mere descriptions of things). Theory of action: from what? To Why? To who? (the agent). Focusing too much on What? and Why? and losing track of Who? (The who? Is ultimately needed for understand action from an ethical perspective.) We need to understand action related to an agent (not just a logical agent but a self). Attribution (of predicates) to a logical subject is not the same as: Ascription to a self where the agent can self-designate himself in the action he performed (or better yet, that he has not yet performed). Imputation (of moral value to an action) is an improvement over attribution but it is not enough. We must distinguish between event vs. action, knowing how vs. knowing that. Action can...
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...section Vi essay forms Many people use the term “essay” to mean any paper written for a class. In actuality, there are many different types of essays, each of which has a unique purpose, form, and style. We call these different types of essays “modes of discourse,” and they include expository, persuasive, and comparecontrast essays to name just a few. This section of the Guide has a dual purpose. First, various types of essays are described and suggestions are included about how to approach each particular type of writing. Second, the sample essays are good tools for you to see how these different essays look in their final form. These are not templates (no essay can be a carbon copy of another even in form), but they will give you a good idea of what a final piece of writing for each mode of discourse looks like. It would be advantageous to critically analyze the form and content of each sample against the instruction for how to write each type of essay. chapter 21 expository essays Jennifer propp An expository essay explains something using facts rather than opinions. The purpose of this type of essay is to inform an audience about a subject. It is not intended to persuade or present an argument of any kind. Writing this type of essay is a good way to learn about all the different perspectives on a topic. Many students use the expository essay to explore a variety of topics, and do so in a wide range of formats, including “process” and “definition”...
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...Wal-Mart and the Ethical Dilemma Presented to: Dr. Robert D. Gulbro In completion of MGT 5013 Organizational Behavior Florida Institute of Technology By: Felix Knight Wal-Mart was started by Sam Walton in 1962; the first store was in Rogers Arkansas. By the beginning of the 1970’s, Wal-Mart had grown to 1,500 employees and 44.2 million dollars in sales. The company also went public in 1970. The company’s growth continued throughout the decade, with the employee count reaching 21,000 by 1980 with $1.2 billion dollars in sales. Wal-Mart made its first acquisition, buying 16 Mohr-Value stores. In 1983, the first Sam’s Club warehouse opened followed by the first Wal-Mart Supercenter in 1988. By the end of the decade, the company had over 1,402 Wal-Mart and 123 Sam’s Club locations and $26 billion dollars in sales – an increase of 2,600% over the decade. Today, Wal-Mart is the world’s largest retailer, with $405 billion in sales, over 4,300 stores, and 2.1 million employees (Duke, 2010, p. 0). One hundred shares of Wal-Mart stock purchased for $1,650 when the company went public would have grown to 204,800 shares worth over $10.1 million as of July 9, 2010 for a return of 613,431% (“Dividends & stock splits”, 2010, July 9) (“Wal-Mart (WMT) stock quote” 2010, July 9). Daft (2008) stated “Wal-Mart is the largest retailer in the United States” (p. 129). Wal-Mart’s 2010 annual report provides the mission statement of the...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...MOTIVATION 16 2.1 Motivational Concept 16 Ego-focused versus other-focused emotions 17 2.2 HIERARCHY OF NEEDS 19 Herzberg’s Two-Factor (Motivation-Hygiene) Theory 20 2.3 MOTIVATIONAL THEORIES 21 MOTIVATION THEORIES ARE OFTEN CULTURE-BOUND 23 Maslow's Needs Hierarchy. 23 McClelland's Three Needs Theory 23 Adams' Equity Theory 23 Hertzberg's Two-Factor Theory 23 3. RECRUITMENT 23 3.1 Sources of recruitment 23 The traditional recruitment sources were: 24 The modern recruitment sources are: 24 3.2 Internal recruitment 24 3.3 External recruitment 25 3.4 Recruitment process 26 4. EMOTIONAL BEHAVIOR IN ORGANIZATIONS 27 4.1 Frustration and Anxiety 27 The specific goals are to help organizations, managers, and employees 27 Understanding the Causes of Conflict 28 4.2 Stress – Strain and Pressure 30 4.3 Drug use in the Industry 32 The Benefits of Going Drug-Free 32 U.S. Department of Labor 34 5. JOB EVALUATIONS 35 5.1 Evaluation Overview 35 The Challenge: Disconnection 35 5.2 Evaluation Vision 36...
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...Strategic Role of HRM Strategic Role of Human Resources Management Human Resources Management (HRM): management of people in organizations to drive successful organizational performance and achievement of organization's strategic goals - Attract, retain, engage diverse talent - Hire best, develop talent, create productive work environment ** HR Strategy align with Company Strategy Better HR practices = Better Organizational performance Which practices? ○ Profit Sharing Result? Positive Relationship with turnover, productivity, corporate performance ○ Results Oriented Performance Appraisal ○ Employment Security Human Resource Management Responsibilities 1) Traditional: Operational (Administrative) Category - Hire/maintain employees - Offer advice - Plan future workforce requirements - Appraising performance - Disciplining/counselling - Health and safety - Complaints Handling Outsourcing: using outside vendors to handle specified functions on permanent basis Employee counselling, recruitment, payroll, training, benefits administration 2) Strategic Category - Strategic partner ○ Help achieve strategic objectives Strategy: company's plan on how it will balance internal strengths and weaknesses with external opportunities and threats to maintain competitive advantage • HR Challenge: building leadership pipeline (manage talent shortage) Role in Formulating Strategy - HR professionals + line managers do environmental scanning: identify and analyze external...
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...Ethical Dilemma Week 8 The Death of Freddie Gray By Hope Schwegler May 4, 2015 Phil 2003 Principles of Ethics Professor Margaret De Alminana ‘On April 12, 2015, Freddie Gray, a 25 year old African American male, was arrested by the Baltimore Police Department. He had a known unethical character and had been involved in twenty criminal court cases, five of which were still active at the time of his death. He was due in court on a possession charge on April 24, 2015. Freddie Gray died on April 19, 2015, due to injuries to his spinal cord. On April 21, 2015, pending an investigation of incident, six Baltimore police officers were temporarily suspended with pay. On May 1, 2015, state prosecutors in Baltimore received a medical examiner’s report ruling Gray’s death as a homicide. Was it foul play that was intentional, gross negligence, or inflicted self harm by the prisoner? We identified “Rae’s first step in making a moral decision is to gather the facts.” Much of the other information had conflicting reports and statements. So what are the “ethical issues that Rae has for level two” in the model for making moral decisions? The formal charge filed by Office Garrett Miller accused Gray of violating statute 19 59 22, “unlawfully carry, possess, and sell a knife commonly called a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City.” The prosecutor alleged that Gray’s arrest was unlawful...
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...Reflective Summary: Review and reflect on the Health Insurance Billing and Reimbursement Discussion Board. Based on your review and reflection of new learnings in this course, write at least 400–600 words on the following: * What have you learned from others' responses? * What were the most compelling points from the interaction with your fellow students? * How did participating in this discussion help in your understanding of the Discussion Board task? * What approaches could have yielded additional valuable information in the students' networking? * What is still unclear after the discussion with your classmates that needs to be clarified? During week ones discussion board assignment, we discussed the different types of health insurance billing and reimbursement methods. This discussion board assignment required taking the time to research the history of health insurance and how it has evolved over the years to the system that we know it as today. By utilizing the discussion board portion of this class, I was able to learn many things from my classmates’ postings. I learned the many different methods of healthcare reimbursement that is still currently used today. I learned the history of health insurance, and why it was developed for the patients in the first place. I also learned many different views and opinions of my classmates that allowed me to reconsider and further educate myself on the views of the future of the healthcare industry. The most...
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...Army Regulation 600–20 Personnel–General Army Command Policy Headquarters Department of the Army Washington, DC 6 November 2014 UNCLASSIFIED SUMMARY of CHANGE AR 600–20 Army Command Policy This administrative revision, dated 6 November 2014-o Updates Equal Opportunity Policy (paras 6-2c(8)(c) and 6-2c(8)(f)). This administrative revision, dated 30 October 2014o Updates summary of change bullet (para 2-8b). o Makes administrative changes (throughout). This rapid action revision, dated 22 October 2014-o Updates purpose (para 1-1). o Updates responsibilities for the ready and resilient campaign (paras 1-4a-d). o Directs readers to the Army Publishing Directorate’s “notes” page on AR 60020 for additional guidance on the Army Sexual Harassment/Assault Response and Prevention Program (para 1-4e(6)). o Clarifies the groups of personnel who must be informed of the Army’s accommodation of religious practices policies (para 1-4f). o Adds the categories “senior field grade officers,” “senior field grade warrant officers,” ”field grade warrant officers,” “company grade warrant officers,” “enlisted noncommissioned officers,” and “junior enlisted Soldiers” (table 1-1). o Adds policy that the senior commander is normally, but not always, the senior general officer at an installation (para 2-5b(4)(a)). o Adds policy for command responsibility for the Total Army Sponsorship Program (paras 2-5b(4)(a)16 and 2-5b(4)(c)8)...
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...FREEZING OUT BEN & JERRY: CORPORATE LAW AND THE SALE OF A SOCIAL ENTERPRISE ICON Antony Page* & Robert A. Katz**† INTRODUCTION The perfect duo. Ice cream and chunks. Business and social change. Ben and Jerry.1 Nobody wants to end up like Ben and Jerry’s, where soon after a multinational acquired it, key facets of its social mission were cut from the company.2 Ben & Jerry’s Homemade, Inc. was once the darling of proponents of social enterprise and social entrepreneurship.3 It was a for-profit corporation that seemingly did not put profits first. Rather, it pursued, in the parlance, a “double bottom” line, seeking to advance progressive social goals, while still yielding an acceptable financial return for investors. It advanced its social mission in many ways, such as by committing 7.5% of its profits to a charitable foundation; conducting in-store voter registration; and buying ingredients from suppliers who employed disadvantaged populations.4 Ben & Jerry’s founders, Ben Cohen and Jerry Greenfield, held out their double bottom line approach (they called it the “double-dip”) as a model for others who wished to “Lead With [their] Values and Make Money, Too.”5 * Professor of Law at Indiana University School of Law—Indianapolis. ** Professor of Law at Indiana University School of Law—Indianapolis and Professor of Philanthropic Studies at the Indiana University Center on Philanthropy. † Thanks to the organizers of the symposium “Corporate Creativity: The Vermont L3C & Other...
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