...Facts: Dianne Rawlinson sought employment with the Alabama Board of Corrections as a prison guard. After her application was rejected, she brought this class suit under Title VII of the Civil Rights Act of 1964. Issues: 1. She was refused employment because she failed to meet the minimum 120-pound weight requirement and height minimum of 5 feet 2 inches. 2. Whether a rule expressly prohibiting women from assuming close-contact prison guard positions in maximum-security prisons most of which were all male violated Title VII. Rule of Law: Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. An Act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations...
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...Employment & Legal Issues: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Western Governors University Internal Memorandum To: CEO, Toy Company From: Student Date: November 3, 2014 Subject: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Constructive Discharge * A constructive discharge occurs when an employer "deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation." (Jenkins V. State of Louisiana Department Of Corrections, 874 F2d 992 (5th Circuit 1989, June 7) bullet point 12) * A constructive discharge generally happens when an employer creates a working environment/conditions that are so unbearable for a reasonable employee that would result for that reasonable employee to resign. * At the start of the year, the company implemented a new production schedule policy that required all production employees to work 4, 12 hour shift with the following 4 days off Sunday through Saturday. The policy was implemented to accommodate the company’s growth and production needs and it was not based on race, color, religions, sex, or national origin etc. A former employee has filed a constructive discharge claim against the Toy Company, claiming that he/she was decimated against based on religion by forcing he/she to work on their religion holy days. The working conditions have not been made unbearable...
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...Frequent Errors in English Grammar: Articles and Possessive Markers Keiko Muto-Humphrey 1. Introduction During past decade or so, The Ministry of Education, Culture, Sports, Science and Technology (MEXT) has been making increasing efforts to shift the focus of EFL pedagogy from “correctness and accuracy” in English to “communicative ability” (MEXT 1998). In response to this, much emphasis has been placed on students’ ability to express themselves orally in class. This has, however, had the (undesired) effect of grammar and lexis being minimised in schools. We are now at a stage whereby the overwhelming majority of students enter universities with an insufficient knowledge of grammar and lexis. This paper will examine two error patterns committed by Japanese studying English as a second language: the genitive markers of/’s indicating possession; and the English article system a/an/the. The former is concerned with the misuse of the English preposition of, which I consider to originate in the L1. The analysis shown below manifests that it is difficult for Japanese students to distinguish between of and ’s: a comparison of this will ensue. The latter originates in the misuse/overgeneralisation of learning strategies: the usage of articles: a/an/the. The Japanese language lacks an article system, making this, “one of the greatest problems for Japanese learners [and this] is vividly revealed in the high frequency of mistakes,...” (Kimizuka 1968:78). After analysing the two...
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... Constructive Discharge With the recent changes to the new shift work policy, some employees have expressed the sentiment that the new policy would preclude them from observing their holy days or Sabbath. In particular this change has elicited some unfavorable perceptions of the company as practicing discrimination by forcing employees to work on the Sabbath. The change in policy, which was necessary to promote company growth, simply changes the production schedule from five 8 hour shifts Monday through Friday, to four consecutive 12 hour shifts Monday through Sunday with four days at work and then four days off. However the days can occur any day of the week. However, one employee has taken the steps to file a claim under Title VII of the Civil Rights Act of 1964, constructive discharge. The constructive discharge claim, is that the company created a discriminatory work environment that essentially forced the employee to seek termination. Legally, Constructive Discharge is defined as “an employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable” (Finnegan, 1986). The interpretation of discrimination in a constructive discharge claim is fairly rigidly described by the circuit courts, even with minor differences. But most courts seem to remain settled upon evidence of an "'aggravated situation' beyond 'ordinary discrimination'...
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...MEMORANDUM TO: FROM: DATE: SUBJECT: Chief Executive Officer, Toy Company Manager, Toy Company October 14, 2012 Constructive Discharge Claim Per your request, I am providing the following initial research into the recent claim of employment discrimination by a former employee. I provide background on the legal framework on which this employee’s charges are based including how “constructive discharge” and Title VII of the Civil Rights Act are pertinent to this case. I then make my recommendation on how to proceed with this case and close with recommendations on how our company can avoid similar legal issues around Title VII in the future. Constructive Discharge The former employee has filed a claim of constructive discharge linked to a new work schedule that our company implemented due to recent growth. This work schedule requires the employee to work on his or her religious holy day approximately four weeks in a row every other month. An employee can legally claim constructive discharge if he or she was forced to resign because the employer made the work environment intolerable (Dempsey & Petsche, 2006). In the case before us, our former employee is stating the new work schedule forced him or her to work on religious holy days and, therefore, is religious discrimination and made it impossible for him or her to continue to work at the company. To move forward with a case of constructive discharge, an employee must first establish a prima facie case by proving that: (1) he or...
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...Rasmussen Medical Center Policy: Health Record Documentation Requirements Approval Date: xx/xx/xxxx Policy Group: Medical Staff Bylaws ------------------------------------------------- All medical staff and health care providers shall: History & Physical 1. A complete history and physical examination shall, in all cases be done no more than 7 days before or 24 hours after the admission of a patient. Physical examinations may be used from the previous hospitalization if the examination was within 30 days. A physical examination may be accepted from a physician’s office if the examination was within 30 days and meets the standards as defined by hospital policy and procedure. If the patient was transferred from another hospital, the physical examination may be accepted if the examination was done within 30 days, provided they are updated within 24 hours of admission or registration by the attending physician. In the above three cases, the attending physician must validate the examination in the medical record (on the physical exam) by noting that there are no significant findings or changes and signs and dates the report. Guidelines for contents of a complete History & Physical include: a. The Emergency Room documentation form may not be used as a History and Physical. b. A complete history and physical examination shall be recorded before the time stated for operation or the operation shall be canceled unless the attending surgeon indicates it is an emergency...
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...ICMA . Pakistan Time Allowed: 02 Hours 30 Minutes (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) FALL 2013 (FEBRUARY 2014) EXAMINATIONS Wednesday, the 19th February 2014 FUNDAMENTALS OF FINANCIAL ACCOUNTING (AF-101) SEMESTER-1 Maximum Marks: 75 Roll No.: Attempt all questions. Answers must be neat, relevant and brief. In marking the question paper, the examiners take into account clarity of exposition, logic of arguments, effective presentation, language and use of clear diagram/ chart, where appropriate. Read the instructions printed inside the top cover of answer script CAREFULLY before attempting the paper. Use of non-programmable scientific calculators of any model is allowed. DO NOT write your Name, Reg. No. or Roll No., or any irrelevant information inside the answer script. Question No.1 – “Multiple Choice Question” printed separately, is an integral part of this question paper. Question Paper must be returned to invigilator before leaving the examination hall. Marks Q. 2 Unadjusted trial balance of ABC Company as on June 30, 2012 is given below: Account Tile Cash and bank balances Opening inventory as on 1/7/11 Purchases during the year Freight-in Freight-out Sales Trade receivables Salaries and wages Administrative expenses Allowance for doubtful debts as on 01/7/11 Bad debts written off during the year Office equipment (cost as on 01/7/11) Accumulated depreciation at 01/7/11 (office equipment) Office equipment purchased during the year Sale proceeds of office...
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...ISSN: 2277-3754 ISO 9001:2008 Certified International Journal of Engineering and Innovative Technology (IJEIT) Volume 2, Issue 7, January 2013 Recognition for Handwritten English Letters: A Review Nisha Sharma, Tushar Patnaik, Bhupendra Kumar Abstract -- Character recognition is one of the most interesting and challenging research areas in the field of Image processing. English character recognition has been extensively studied in the last half century. Nowadays different methodologies are in widespread use for character recognition. Document verification, digital library, reading bank deposit slips, reading postal addresses, extracting information from cheques, data entry, applications for credit cards, health insurance, loans, tax forms etc. are application areas of digital document processing. This paper gives an overview of research work carried out for recognition of hand written English letters. In Hand written text there is no constraint on the writing style. Hand written letters are difficult to recognize due to diverse human handwriting style, variation in angle, size and shape of letters. Various approaches of hand written character recognition are discussed here along with their performance. Fig 1.Major Steps of an OCR System Index Terms— Offline Hand written Character Recognition, Pre-Processing, Feature Extraction, Classification, Post Processing. I. INTRODUCTION Optical Character Recognition (OCR) is one of the most fascinating and challenging areas of pattern...
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...Sally Sunshine Research Proposal Section 1 – Summary of the Argument In my research paper, I will argue the case for the abolition of capital punishment. Outside of the United States, there are only three industrialized democracies that still use the death penalty as part of their justice system (Japan, Singapore, and South Korea). The global movement toward peace can never be led by a country that continues to sanction killing. First, I intend to give an overview of capital punishment, including its history, Supreme Court decisions, and the general controversy. Next, I will present my case by establishing the most relevant points in my argument, including statistics that contradict capital punishment as a crime deterrent, evidence that shows the inconsistency in how defendants are sentenced to death row, and finally evidence of mistaken executions. For my counterargument section, I will acknowledge those who support the death penalty by highlighting their cogent points. The primary counterargument in favor of the death penalty rests on giving the families of victims a sense of closure and justice. This counterargument will be refuted using evidence gathered primarily through national studies and statistics. Finally, I will conclude by summarizing key points in the argument, by offering possible alternatives to the death penalty, and be reasserting the case to federally abolish capital punishment once and for all.Sunshine 2 I do need help with a few questions...
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... Ethics Programs Western Governors University COMPANY X CODE OF ETHICS GUIDEBOOK The purpose of this ethics guide is to assure a safe and secure working environment for all employees. This guide serves as an informative reference to the responsibilities of each employee outlining acceptable/unacceptable behavior, misconduct/corrective action policies and training program/audits for the ethics guidelines outlined herein to assure long term policy success. SECTION A: EMPLOYEE AND SUPPLIER ETHICAL GUIDELINES 1. EMPLOYEE BEHAVIOR: All employees are expected to conduct themselves in a professional and respective manner toward all levels of management and co-workers. Any acts of violence, intimidation, coercing, sexual misconduct (including sexual harassment), fighting or any other behaviors that threaten the well-being and/or safety of co-workers will not be tolerated. Any infractions must be reported to a supervisor immediately where appropriate action will be carried out as outlined in section C-2 including verbal or written warnings and/or termination of employment. 2. HEALTH AND SAFETY: We strive to uphold standards that perpetuate an environment of safe working conditions for all of our employees. Willful or careless destruction of property, deliberate misuse or neglect of safety equipment resulting in injury or death as well as carrying weapons or explosives of any kind is strictly forbidden. Any violation of state or federal laws will be reported...
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...Editor: Wallie Walker Hammond; Manufacturing Manager: Ray Golaszewski ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, or information storage and retrieval systems—without the prior written permission of the publisher. ISBN-13: 978-0-7689-2328-5 ISBN-10: 0-7689-2328-X Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 08 07 06 First Edition 00_TOEFL Vocab FM,i-x 2 8/9/06, 10:13 Petersons.com/publishing Check out our Web site at www.petersons.com/publishing to see if there is any new information regarding the test and any revisions or corrections to the content of this book. We’ve made sure the information in this book is accurate and...
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...Marie S. Hemsley Contract Negotiations Mon-Wed. 7-8:20pm Chapter 6 – Section VIII NEGOTIATIONS Negotiating government contracts and modifications is an art, a science, and an acquired skill. In order to acquire the skill, the negotiator must have a firm knowledge of the basic rules of government contract law and appropriate contract procedures. A successful negotiation depends on communication, price demands, and complete preparation. Negotiation without adequate preparation invites failure and is, in fact, a breach of the negotiator's obligation to oneself, the government, and to the public trust. Adequate preparation enables the negotiator to negotiate with strength to take and hold the initiative throughout the negotiation conference and to meet any challenge with confidence. It is emphasized that lack of preparation for negotiations places the government in a position of distinct disadvantage. The discussion contained in this chapter is based on the assumption that negotiation after receipt of proposals is considered necessary. That is, for any situation where adequate price completion has not been assured via competitive bids, technical requirements, or proposals taken with the view of an award based upon the lowest reasonable price. VII. Negotiation Exchange with offerors after establishment of the competitive range. Negotiation are exchanges, in either a competitive or sole source environment, between the Government and offerors, that are undertaken with the...
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...A Guide to Preparing a Paper or Master’s Thesis J.G. Brouwer A.J.J. de Hoogh 1. Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Table of Contents Introduction Purpose of Writing a Paper or Thesis Thesis Procedure Selecting a Topic An Outline Research and Analysis of the Topic Structure and Format Quotations, Paraphrasing, Plagiarism and Fraud Footnotes, References and the Bibliography Minimum Requirements and Grading 1 2 2 3 4 5 7 7 9 11 15 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the authors. 1 2. Introduction Writing skills are of eminent importance for a lawyer. That is why some courses require you to write a paper and the LL.M. Programme requires you to write a thesis at the end of your studies. There are strict requirements regarding the contents and the procedure. The following guidelines will provide you with information for successful completion. If you would like more guidance during the writing of your thesis, then you are advised to consult the following websites: http://www.learnerassociates.net/dissthes/ (structure and format) http://owl.english.purdue.edu/ (language) http://writingcenters.org/index.php (overview writing centres) The paper/thesis must be in English. This means for most of you, since English is not your native...
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...Table of Contents Section 1. Introduction 1.1 Profile 1.2 Vision 1.3 Mission 1.4 Core Values Section 2. Organizational Profile 2.1 Core Bureaus 2.2 Services 2.3 Regional Operations 2.4 Management Responsibilities 2.5 Organizational Structure as whole and per department Section 3. Journey Milestone Section 4. Application and Scope 4.1 Application 4.2 Scope of the Quality Management System Section 5. The Quality Management System 5.1 QMS Mandate 5.2 Description of QMS 5.3 Process Model Section 6. Quality Policy Section 7. Measurement, Analysis and Improvement 7.1 General 7.2 Monitoring and Measurement 7.2.1 General 7.2.2 Customer Satisfaction 7.2.3 Internal Audit 7.2.4 Monitoring and Measurement of Processes 7.2.5 Monitoring and Measurement of Product 7.3 Control of Non-Conformin Products 7.4 Analysis of Data 7.5 Improvement 7.5.1 Continual Improvement 7.5.2 Corrective Action 7.5.3 Preventive Action Section 8. Procedures 8.1 Control of Documents, DPWH-QMSP-01 8.2 Internal Quality Audit, DPWH-QMSP-03 8.3 Corrective Action, DPWH-QMSP-05 8.4 Preventive Action, DPWH-QMSP-06 Section 9. Appendices I. INTRODUCTION PROFILE The Department of Public Works and Highways (DPWH) is the state’s engineering and construction arm. As a public service agency, its primordial concern is to find the most effective and efficient ways to service its clientele- the Filipino people. The DPWH is one of the largest organizations in the executive branch in terms of size and budget. It is composed...
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...SPECIAL ISSUE Kenya Gazette Supplement No. 77(Acts No. 3) REPUBLIC OF KENYA ____________ KENYA GAZETTE SUPPLEMENT ACTS, 2005 NAIROBI, 26th October, 2005 CONTENT ActPAGE The Public Procurement and Disposal Act, 2005 ……………… 45 ________________________________________________ PRINTED AND PUBLISHED BY GOVERNMENT PRINTER, NAIROBI THE PUBLIC PROCUREMENT AND DISPOSAL ACT No. 3 of 2005 45 No. 3 Public Procurement and Disposal 2005 Date of Assent: 26th October, 2005 Date of Commencement: By Notice ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1—Short title and commencement. 2—Purpose of the Act. 3—Definitions. 4—Application of Act. 5—Conflicts with other Acts. 6—Conflicts with international agreements. 7—Conflict with conditions on donated funds. PART II – BODIES INVOLVED IN THE REGULATION OF PUBLIC PROCUREMENT A — Public Procurement Oversight Authority 8—Establishment of Authority. 9—Functions of Authority. 10—Director-General of the Authority. 11—Term of office of Director-General. 12—Restrictions on activities of Director-General. 13—Terms of service. 14—Resignation of Director-General. 15—Removal of Director-General. 16—Staff. 17—Acting Director-General. 18—Financial arrangements. 19—Audit. 20—Quarterly and annual reports. 46 No. 3 Public Procurement and Disposal 2005 B – Public Procurement Oversight Advisory Board 21—Establishment of Advisory Board. 22—Composition of Advisory Board. 23—Functions of Advisory Board. 24—Procedures of Advisory Board. C – Public Procurement...
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