...Human Resources Task 1: Memorandum to Chief Executive Officer WGU Toy Company Western Governors University In partial fulfillment of the requirements of Human Resources JDT2 Memorandum to Chief Executive Officer WGU Toy Company TO: WGU Toy Company, Chief Executive Officer FROM: Elementary Division Manager DATE: June 18, 2013 SUBJECT: Constructive Discharge Claim As a result of a work schedule policy change at WGU Toy Company, a constructive discharge was filed under Title VII of the Civil Rights Act of 1964 related to religious discrimination by a former employee. This is due to a policy change that required toy company employees to work rotating shifts to accommodate the demands of production. In this former employee’s claim, rotation would fall on a religious holy day. The rotating schedule change is required for all production employees but would not affect office staff members who will maintain 0800 to 1700 Monday through Friday work schedules. This memorandum will provide information to assist WGU Toy Company with recommendations in handling this claim. The nature of discrimination charges were best explained through review of Title VII of the Civil Rights Act of 1964, which identifies definitions specific to this claim against WGU Toy Company. Title VII of the Civil Rights Act states, “it is illegal to discriminate against someone based on race, color, religion, national origin, or sex” (U.S. Equal Employment Opportunity...
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...working conditions so intolerable that any reasonable person would have resigned (Equal Employment Opportunity Commission [EEOC], Prohibited Employment Policies/Practices). Title VII prohibits discrimination for race, color, religion, sex, or national origin for companies with 15 or more employees working on a given day (EEOC, Title VII of the Civil Rights Act of 1964). Since our company has more than 15 employees, we are legally required to abide by Title VII. Additionally, under Title VII, an employer is required by law to provide an employee religious accommodations once the employee request it, assuming it does not place an unreasonable hardship on the employer (EEOC, Religious Discrimination). The facts discovered to date are: 1. The former employee was a long term, valued, well liked, employee with a stellar performance reviews and employment record. 2. The resignation occurred after the new 7-day work schedule policy went into effect. 3. We can find no record of written or verbal communications between the former employee and any level of management and/or HR where the former employee: a. Made management and/or HR aware that he considers the new policy to be religiously discriminatory because it will require him to periodically work on Sundays, which he considers a holy day and actively observes. b. Requested management and/or HR to provide accommodations so that that his work schedule never include Sundays. RECOMMENDATIONS: A. Former employee’s claim...
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...Memorandum To: CEO From: Manager Date: March 9, 2012 Subject: Constructive Discharge Claim As requested, I have done the initial research on how the company should respond to the plaintiff’s claim of constructive discharge. According to The University of Chicago Law Review (1986), constructive discharge occurs when the working conditions of an employee are so unbearable and discriminatory that any sensible person would quit. The plaintiff must be able to prove two things: (1) that the working conditions were intolerable, and (2) that the employer deliberately created those conditions with the intent to cause the plaintiff to quit (Finnegan and Sheila, 1986). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against “persons on the basis of their race, color, religion, sex, or national origin” (Gomez-Mejia, Balkin, Cardy, 2009, p.93). The plaintiff is claiming that there was no choice but to quit based on the fact that the plaintiff was required to work on a religious holy day as a result of the work schedule policy change. According to the plaintiff, the change in the work schedule policy is an infringement on their religious beliefs and is therefore claiming constructive discharge based on Title VII of the Civil Rights Act of 1964. The legal concept of constructive discharge is relevant in this scenario, in that the plaintiff quit because he/she alleged that the work schedule policy change requires employees to work on a...
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...Based on my research the employee’s doesn’t have a valid case under Constructive discharge. Constructive discharge is when an employee leaves her job because her employer made her working condition so terrible, that she was obligated to quit. Under EEOC Reasonable Accommodation & Religion “the law requires an employer to reasonable accommodator an employee’s religious beliefs or practices” retrieved from http://www.eeoc.gov/laws/practices/index/cfm / Our former employee claims that because of a change in the company’s work schedule, her shift falls on Sunday. This makes her unable to worship. Assuming this employee did not ask her supervisor to change her work schedule, or ask if she can switch with another employee. She does not have a valid case. Title VII of the Civil Right Act, 1964 is “prohibits employers with at least 15 employees or employment agencies and unions from discriminating employment based on race, color, sex, religion, age, or origin “ retrieved from http://www.eeoc.gov/policy/docs/qanda_religion/ It is illegal for an employer to treat any employee differently, harass, refuse a request to accommodate based on there religious values and practice. I don’t think this employee have any valid case because we changed the work schedule for our entire production employees. We did not treat this employee differently. She did not give us any written request to change her work schedule, so she can’t say we denied her request. Based on the situation the employee...
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...To: Company CEO From: Date: Subject: How the company should respond to the employee’s claim of constructive discharge. Constructive discharge is a legal concept that is part of the Federal Equal Employment Opportunity (EEO) Law, which prohibits job discrimination. This part of the EEO addresses changes in the policies/procedure in employment that result in creating an environment with the intention of targeting a specific person or groups to force them to quit or leaving any reasonable person no other choice but to quit. To establish whether this has occurred the courts have established two different criteria to judges these actions by. The first is the reasonable person standard. This is where any reasonable person would find these changes so unbearable that there is no other option but to quit to find relief from this oppressive environment, for example requiring employees to work 16 hours per day without any brakes. The second is if the employer has created the policies and/or procedures with the specific intent of causing an employee, or segment of employees, to quit; such as requiring all persons to work on religious holidays without any exceptions even though there is no true operational need to do so. It is not necessary for the situation to meet both of these criteria it must only meet one to be considered constructive discharge. In this case the former employee is claiming that the change in schedule would intentionally...
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...make recommendations to guard against future legal issues based upon Title VII. Constructive Discharge The production shift schedule change required the employee to work on a day that the employee regarded as a holy day. A reasonable person might then conclude that XYZ Toys has created a work environment which is intolerable, and the employee had no option other than to resign ("Constructive Discharge/Forced To Resign," n.d.) The suit filed by the Complaint is based on religious discrimination, and is valid under section 703. (a) Title VII of the Civil Rights Act of 1964, which defines unlawful employment practices. (a) Employer practices It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin ("Unlawful Employment Practices,"...
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...It has come to my attention that a former employee has filed suit against All About Toys claiming constructive discharge and that All About Toys allegedly violated Title VII of the Civil Rights Act of 1964. To summarize the plaintiff’s concern, the production staff’s shift matrix was redesigned as a means of accommodating recent company growth. All staff members were included in this restructure that altered the days/shifts from the prior Monday through Friday model previously in use. The fundamental claim is that due to the inherent modification of the work schedule and the inclusion of an employee observed holy day, the employee could no longer meet the staffing expectation and deemed it necessary to resign based on perceived discrimination. This memo shall serve to illustrate the employee’s allegations as well as interpret our risk and recommended course of action. Constructive Discharge Definition: 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. (Appendix C EEO-MD-110. (2012). Retrieved from http://www.eeoc.gov/federal/directives/md110/appendixc.html) Constructive...
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...2009, stating that she was coerced into resignation shortly after MTC enforced the new production shift policy in January 2009, which included rotating weekend shifts (Saturday and Sunday). Sendak bases her claim upon the position [that] as a Seventh Day Adventist, Saturdays are considered “religious holy days” and the enforcement of such a policy by MTC subjected her to religious discrimination. Applicable Legal Principles to the Claim After consultation with MTC’s Human Resources and Legal Counsel, the following Equal Employment Opportunity Commission legal and regulatory requirements have been cited as applicable to the claim: 1. Under Title VII, it is unlawful for employers to discriminate against an applicant or employee (or former employee), based upon that person’s “race, color, religion, sex or national origin or protected activity”. 1 2. “Religious discrimination involves treating a person (applicant or employee) unfavorably because of his or her religious beliefs”2 or practices, where the person’s moral or ethical beliefs influences their ideals (principles of right and wrong), which may be upheld by traditional views.3 3. In order to remain in compliance with the laws enforced by the EEOC, it is the employer’s responsibility to “reasonably accommodate the religious practices of the employee...
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...conflicted with his observance of holy day. Due to this the employee choose to resign. B. Title VII Title VII is also known as the Civil Rights Act of 1964. It was created to prevent forms of discrimination related to racial, ethnic, national and religious minorities and women. The official Title VII documents define: The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. Section 2000e-2 a1 states: It shall be an unlawful employment practice for an employer- 1. To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges or employment, because of...
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...INSS 370 Final Exam Study Guide Below is a study guide for your final exam. There will be a combination of true/false and multiple choice questions. 1. Who is responsible for prioritizing the product backlog? 2. What does a burn‐down chart show? 3. What are the principles outlined in the Agile Software Development Manifesto? 4. If our highest priority is to satisfy the customer through early and continuous delivery of valuable software, in general, how can we do that? 5. In agile software processes are the highest priorities to satisfy the customer through early and continuous delivery of valuable software? 6. What traits need to exist among the members of an agile software team? 7. In agile development is it more important to build software that meets the customers' needs today than worry about features that might be needed in the future? 8. The ____ phase of the SDLC includes four main activities: requirements modeling, data and process modeling, object modeling, and consideration of development strategies. 9. One of the main activities in the systems analysis phase is ____ modeling, which involves fact‐finding to describe the current system and identification requirements for the new system. 10. How is planning performed on projects that use Agile approaches? 11. Who should be the main judge of the business value (think of the various roles within an agile team)? 12. How should work be allocated and who should allocate the work to the team in an Agile ...
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...Identifying Good or Bad Statements Anit Maharjan HUMN210-H5WW Meghan Roehll Franklin University 4th April, 2013 a. Nobody in the world today is really good. Yes, I have heard of good people, but not really good people. - Good statement. b. The world is not flat. Well, if you look at a map it is: - in what point of view - bad statement. c. I will need an extended period of laborious cogitation to assimilate the missive. This doesn't make any sense - bad statement. d. The number 2 is odd. Are we talking about an even number? I believe your confusion comes from the fact that 2 is a prime number, but it is still even. It is the only even number that is prime – false statement. e. If you believe in evolution, then your ancestors were filthy apes. There are two kinds of people in the world: - one is god prayer and the next is science believer. If you support the statement from the point of scientific theory of evolution by Darwin, then yes our ancestors are filthy apes, whereas if you think form the side of god’s prayer then the statement is false – good statement. f. Some swans are black. In this statement, I am not sure that some swans are black or not, all swans could be black or white – good statement. g. If you are a human, then you are a person. If you are an individual, then you are alive. Human is a person and of course the person becomes an individual and every individual breaths...
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...អាណាចក្រភ្នំ អាណាចក្រភ្នំ គស 50-630 ទីតាំង * ៣០០លី លិចលីនីយ(ជនជាតិចាម) * ៧០០០លី Jenan(តុងកឹង) * ឈូងសមុទ្រធំមួយ * ទន្លេរធំមួយ លិចនឹងពាយព្យគឺសមុទ្រ * ១លី=៥៧៦ម=១៧២៨គម=> 1. កម្ពុជា 2. កម្ពុជាក្រោម 3. ថៃ(ភាគកណ្តាល) រាជវង្សមាន៖ 1. លីវយី(៥០-៦៨) 2. ហ៊ុនទៀន(៦៨) 3. ហ៊ុនប៉ានហួង៖ដែលជាមេទ័ពបានប្រើល្បិចវាយក្រុងទាំង៧នឹងបានដណ្តើមអំណាចពីព្រះ បាទហ៊ុនទៀន 4. ហ៊ុនប៉ានប៉ាង៖ជាកូនហ៊ុនប៉ានហួង 5. ហ្វាន់ជេម៉ាន់៖ជាអ្នកសំលាប់សោយរាជ្យបន្តរឺក៍ហ៊ុនប៉ានប៉ាងផ្ទេរអំណាចអោយ 6. គិនចេង(២២៥)៖ត្រូវជាកូនរបស់របស់ហ្វាន់ជេម៉ាន់ពីព្រោះគាត់បានស្លាប់ពេលវាយ នៅ គិនស៊ីន 7. ហ្វានឆាន(២២៥-២៤៥)៖បានសំលាប់គិនចេងដើម្បីសោយរាជ្យបន្តដែលត្រូវជាក្មួយហ្វាន់ជេម៉ាន់នឹងត្រូវជាបងប្អូនគិនចេង 8. ហ្វានឆាង(២៤៥-២៥០)៖ជាកូនពៅរបស់ហ្វានជេម៉ាន់បានមកសងសឹកនឹងសោយរាជ្យបន្ត 9. ហ្វានស៊ីយ៉ុន(២៥០-២៨៩)៖បានសំលាប់ហ្វានឆាងសោយរាជ្យបន្ត 10. ធៀនឈូឆានតាន(៣៥៧) 11. កៅណ្ឌិន្យ(៣៥៧)៖គាត់មានកូនពីរគឺស្រីឥន្រ្ទវរ្ម័ននឹងស្រេស្ធវរ្ម័ន 12. កៅណ្ឌិន្យជ័យវរ្ម័ន(៤៤២-៥១៤)៖មានបុត្រាពីរគឺគុណវរ្ម័នជាប្អូននឹងរុទ្រវរ្ម័នជាបងក៍ប៉ុន្តែគុណវរ្ម័នជាអ្នកសោយរាជ្យដែលត្រូវជាកូនកុលប្រភាវតីជាមហេសីរីឯរុទ្រវរ្ម័នជាកូនស្នំ។ដោយមិនសុខចិត្តព្រោះខ្លួនជាបងមិនបានសោយរាជ្យក៍ប្រើល្បិចសំលាប់ប្អូនដើម្បី សោយរាជ្យម្តង។ 13. គុណវរ្ម័ន 14. ចេនឡា ចេនឡា រុទ្រវរ្ម័ន(៥១៤-៥៥៦) គស ៥៥០-៨០២ 15. ឥសីកម្ពុស្វយម្ហូវ៖ 16. ស្រុតវរ្ម័ន៖ 17. ស្រស្ធវរ្ម័ន៖ 18. វីរវរ្ម័ន៖ 19. ភវរ្ម័ន(៩០០-៩២២)៖ * ទីតាំងរបស់ចេនឡានៅត្រង់តំបន់បាសាក់តាមដងទន្លេរមេគង្គដែលច្ចុប្បន្ននៅភាគ អាគ្នេយ៍ប្រទេសឡាវ...
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...– – – – • – – • – • • • • – – – – • • • – – – – – – Wood Stick Holder Premium Wood Stick Holder Glow in the Dark Stick Holder Brass Burner Premium Brass Burner Aroma Ring Votive Holder NIPPON KODO INCENSE HERB & EARTH STICKS STICKS Classic STICKS CONES AFRICAN AMERICAN Family Unity – – Rhythm Sensuality Spirituality • • • • Bergamot Cedar • • • Fashion & Style • Number 4 - 100-st Number 6 - 100-st Chamomile Frankincense Jasmine Lavender Orange Patchouli Peppermint Rose Sandalwood Vanilla GONESH DIFFUSER SETS 3 fl.oz. Coconut Lime Mango Peach Sweet Apple Vanilla Cream REFILLS - 6 oz Coconut Lime Mango Peach Sweet Apple Vanilla Cream HOLIDAY TRADITIONS Number 8 - 100-st Number 10 Number 12 Number 14 Variety 1 (6,8,12) - 30 st Variety 2 (2,4,10) - 30 st MORNING STAR STICKS GONESH® EXTRA RICH Amber Apple Cider Jasmine Lavender Sandalwood Christmas Dream (Winter) Nutcracker Dance (Winter) Snowy Sensations (Winter) Holiday Memories (Winter) SCENTED REEDS & OILS REEDS OILS Black Cherry Cedarwood Cherry Blossom Cinnamon Coconut Dragon’s Blood...
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...Mr. Weidenboerner Period 7 Purpose: To explore sensors and use them to knock down a box filled with bean bags without going over the edge of a precipice. Hypothesis: I think that designs with a high point of impact and and sensor placed out in front of the robot will have the best results. Group 2 | Trial | Distance from the Egde | 1 | 28 mm | 2 | 32 mm | 3 | 35 mm | 4 | 22 mm | 5 | fail | Average | 32 mm | Competion | Group | Average | 1 | 23 mm | 2 | 32 mm | 3 | fail | 4 | 7 mm | Program Flow: 1. #Include “Main.h” 2. 3. void main (void) 4. { 5. int limitswitch; 6. 7. // 0 is pressed 8. // 1 is not pressed 9. Wait (5000) 10. while (1==1) 11. { 12. limitswitch = Get DigitalInput (1); 13. if (limitswitch==1) 14. { 15. Set Motor (1.0); 16. Set Motor (10.0); 17. Wait (200) 18. } 19. else 20. } 21. Set Motor (1.-40); 22. Set Motor (10.40); 23. } 24. } 25. } Results: Group 1 cam in second place with an average of 23 mm from 5 trials. Group 2 (my group), came in third place with an average of 32 mm from the edge of the table. Group 3 came in last place with one fail and not having completed the rest of the trials yet. Group 4 came in first place with an average of 7 mm from the edge of the table. Conclusion: I think that...
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...@; do rep=1 to 3; do s1=1 to 3; do s2=1 to 2; input y @@; output; end;end;end; datalines; 1 1 12 13 14 15 23 22 15 16 17 18 24 15 26 25 18 19 20 21 1 2 23 10 23 20 15 33 26 13 26 23 16 12 18 36 29 16 29 26 1 3 21 15 34 23 16 19 24 18 37 26 17 17 19 22 27 21 40 29 2 1 13 18 23 14 18 21 16 21 26 17 19 20 21 24 19 24 29 20 2 2 16 16 13 25 19 21 19 19 16 28 20 18 22 24 22 22 19 31 2 3 17 24 15 17 19 21 20 27 18 20 20 26 22 24 23 30 21 23 ; proc print; run; /* lets consider A and B are random, and of course rep, samoplings ( s1 and s2 ) all are random */ proc glm; class a b rep s1 s2; model y=a b a*b rep(a*b) s1(rep*a*b); random a b a*b rep(a*b) s1(rep*a*b); run; proc varcomp method=type1; class a b rep s1 s2; model y=a b a*b rep(a*b) s1(rep*a*b); run; output: The SAS System 10:46 Wednesday, November 16, 2011 21 Obs a b rep s1 s2 y 1 1 1 1 1 1 12 2 1 1 1 1 2 13 3 1 1 1 2 1 14 4 1 1 1 2 2 15 5 1 1 1 3 1 23 6 1 1 1 3 2 22 7 1 1 2 1 1 15 8 1 1 2 1 2 16 ...
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