Tuesday, December 24, 2019

Bullying And Its Effect On Society - 1288 Words

Bullying is the use of force, threat, or coercion to abuse, intimidate, or aggressively dominate others. The behavior is often repeated and habitual. One essential prerequisite is the perception, by the bully or by others, of an imbalance of social or physical power, which distinguishes bullying from conflict. Behaviors used to assert such domination can include verbal harassment or threat, physical assault or coercion, and such acts may be directed repeatedly towards particular targets. Rationalizations for such behavior sometimes include differences of social class, race, religion, gender, sexual orientation, appearance, behavior, body language, personality, reputation, lineage, strength, size or ability. If bullying is done by a group, it is called mobbing. Bullying can be defined in many different ways. The UK has no legal definition of bullying, while some U.S. states have laws against it.Bullying is divided into four basic types of abuse – emotional (sometimes called relational), verbal, physical, and cyber. It typically involves subtle methods of coercion, such as intimidation. Bullying ranges from simple one-on-one bullying to more complex bullying in which the bully may have one or more lieutenants who may seem to be willing to assist the primary bully in his or her bullying activities. Bullying in school and the workplace is also referred to as peer abuse. Robert W. Fuller has analyzed bullying in the context of rankism. A bullying culture can develop in anyShow MoreRelatedBullying And Its Effect On Society1060 Words   |  5 PagesWhat is bullying? Google’s online dictionary defines bullying as using superior strength or influence to intimidate (someone), typically to force him or her to do what one wants. Many define bullying as physically, mentally, emotionally, and psychologically degrading another living being. Bullying has become a growing issue around the world. The act of bullying can begin with a small eye roll, but within a short period of time it can escalate to abuse. Bullying is an issue that cannot be takenRead MoreBullying And Its Effects On Society983 Words   |  4 Pagesother countries. Today’s youth have experienced nearly twice as much bullying than past generations. In the United States it is shown that forty-eight percent of junior high and high school students have been bullied. Seventy percent of all grade school students in the United States say they have bullied or have seen a fellow classmate bullied. The types of bullying in today’s schools include: physical, social, verbal, and cyber bullying. This is a problem that has been brought to the attention of schoolRead MoreBullying And Its Effects On Society1546 Words   |  7 Pages13, 2014 Bullying Continues to Worsen Rudeness can be defined in many ways, but the definition most fitting for this topic would be, lack of manners, discourtesy. It’s been around since the beginning of time, but it’s become increasingly popular in today’s society. There are infinite ways someone could be rude to others, for example not holding a door for the next person, making fun of someone, or even disrupting someone. One big problem in today’s generation is bullying. THESIS: Bullying has increasedRead MoreBullying And Its Effects On Society Essay1298 Words   |  6 PagesBullying, or being bullied, was once thought of as a normal process of growing up that had little to no impact in life. Now, it has become lethal enough to even go as far to convince one to end their life or commit a felony. The action of bullying a person has increased not just physically but also through the cyberspace world. As the world’s internet continues to expand with more social media and entertainment pages like Facebook, WorldStarHipHop, video blogging website, music video promotersRead MoreBullying And Its Effect On Society1633 Words   |  7 Pagesmay be exploited is through the familiar conviction of bullying. Bullying has been entrenched in American society as a relevant issue for quite some time. The word â€Å"bully† derives back from as far as the 1530’s. In 1838, the novel, Oliver Twist, exhibited the first use of bullying within literary work. Years later, in 1862, the first account of bullying was reported. Over one hundred years following this, the first proposition of an anti-bullying law was constructed. As time has persisted, the issueRead MoreBullying And Its Effects On Society1313 Words   |  6 PagesBullying is defined as a use of superior strength or influence to intimidate someone, typically to force him or her to do what one wants. The bully and those who are bullied can be of any age; bullying does not discriminate. There are a number of ps ychological causes and effects that can cause bullying and also the lasting effects of. However, in order to understand the psychology behind bullying, one must understand the reasons that influence one to become a bully and the effects it can have onRead MoreBullying And Its Effects On Society1957 Words   |  8 PagesBullying is defined as â€Å"unwanted, aggressive behavior among people that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Both persons who are bullied and who bully others may have serious, lasting problems.† In this day and age, there are so many places advertising a no bullying sentiment or trying to get people to donate money or read about how to stop the bullying that goes on in high school. These websites and foundations areRead MoreBullying And Its Effects On Society2270 Words   |  10 PagesBullying is arguably one of the most common vices in our contemporary society that affec ts individuals across different settings in the society. Most people associate bullying with schools and teenagers, but the practice cuts across almost all institutions in the modern-day American society. People get bullied at workplaces and even in public institutions when seeking for public services. Bullying entails the use of perceived superior power by an individual to intimidate, threaten, or harm anotherRead MoreBullying And Its Effect On Society Essay2475 Words   |  10 PagesIt seems bullying has existed since the beginning of humanity. As we saw in the video during class, Competitiveness was first to arise before cooperation. The dynamics of bullying however are ever-changing and pose an even larger threat to society than ever before. From elementary school to high school, even in college and beyond. The various environments, the internet, work place and even at home. The variables of bullying have changed so dramatically over a considerably short passage of time,Read M oreBullying And Its Effects On Society1932 Words   |  8 PagesAbstract Bullying, a social issue that has been most associated with adolescent aggressive behavior from one to another, has expanded from the realms of the school halls to the Internet. But as laws have been passed and legislation enacted, are these adolescent populations still vulnerable? This paper describes the definition of bullying, power imbalance or struggle, public reaction, policies, public laws or administration rules, implementation of social welfare programs, actual impact, legislative

Monday, December 16, 2019

The Ada and Disability Related Harassment Free Essays

The Americans with Disabilities Act (ADA) and Disability-Related Harassment A Self-Advocacy Guide 3839 North Third Street Suite 209 Phoenix, AZ 85012 602-274-6287 (voice or TTY) 800-927-2260 (toll free) 602-274-6779 (fax) 100 North Stone Avenue Suite 305 Tucson, AZ 85701 520-327-9547 (voice) 800-922-1447 (toll free) 877-327-7754 (TTY) 520-884-0992 (fax) www. azdisabilitylaw. org center@azdisabilitylaw. We will write a custom essay sample on The Ada and Disability Related Harassment or any similar topic only for you Order Now org This guide was written by former University of Arizona, College of Law students: Kraig Gardner, Kevin Lira, Ryan McCarthy, Ruth Mendus, Cathy Nelson and Denise Quinterra. Funding for this document is provided by the United States Department of Health and Human Services, Administration on Developmental Disabilities and Community Mental Health Services and the United States Department of Education, Rehabilitation Services Administration. Federal and state law can change at any time. If there is any question about the continued validity of any information in the handbook, contact the Arizona Center for Disability Law or an attorney in your community. The purpose of this guide is to provide general information to individuals regarding their rights and protections under the law. It is not intended as a substitute for legal advice. You may wish to contact the Arizona Center for Disability Law or consult with a lawyer in your community if you require further information. This guide is available in alternative formats upon request. Revised 100307 E-8 1 The Americans With Disabilities Act (ADA) and Disability-Related Harassment TABLE OF CONTENTS A. Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 1. Scope of this Guide †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 2 3. The Difference Between Disability-Related Harassment and Retaliation. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 2 4. Other Types of Discrimination †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3 B. Proving Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 1. Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 2. Elements of a Claim †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢ € ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3. Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 4 C. The Rules About Employer Liability For Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 8 1. Introduction. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 2. Owner Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3. Supervisor Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 4. Co-Worker Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 5. Non-Employee Harassment†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 D. E. F. G. Duty to Employees to Avoid or Limit Harm †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Employer’s Responsibility to Prevent/Stop Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 12 Steps to Take If Your Employer Does Not Take Appropriate Action †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 13 Introduction to the Americans with Disabilities (ADA) and this Guide†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 15 1. What Does the ADA Cover? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 16 3. Why Does the ADA Include Employment Protections? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 4. When Do the ADA Employment Protections Apply? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 5. What Employers are Covered by the ADA? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 18 H. Legal Resources†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 19 A. Disability-Related Harassment 1. Scope o f this Guide This guide is meant to explain and describe: (1) Harassment based on disability; (2) when an employer is liable for harassment, and (3) some ways of dealing with harassment. The ADA protections described are available only to people who are qualified individuals with a disability under the ADA or who are harassed because of an association with a person with a disability (for example, a parent, son, daughter, friend, or co-worker of a person with a disability). If you are uncertain whether you are protected under the ADA, the Center has a guide that explains the meaning of the words, disability nd qualified. The title of that guide is, An Overview of the Employment Protections of the ADA. This guide is not intended to inform you about all employment-related claims, only those having to do with disability-related harassment under the ADA. This guide does not cover: †¢ retaliation; †¢ state law protections, such as worker’s compensation claims; †¢ tort claims relat ed to harassment; or †¢ criminal claims related to harassment. Rasool works at a restaurant. He has a psychiatric illness. Several of his co-workers were very prejudiced and afraid of him because of his disability. To try and harass Rasool, they spraypainted his car with the word â€Å"crazy† and slashed his tires. Rasool’s co-workers may not only be harassing him in violation of the ADA, but also may have committed a crime. This guide does not cover criminal law and penalties. Report criminal conduct at the workplace to your employer. Your employer should report crimes to the police. If it does not, you should report crimes directly. Josefina has cerebral palsy. Her supervisor calls her offensive names related to her disability frequently and in front of all other employees. Josefina is humiliated and distressed by this treatment. She suffers physical symptoms, such as ulcers, that may be related to the treatment. Her employer may be in violation of the ADA. Josefina may have other state claims for emotional distress, including worker’s compensation. This guide does not provide information about these kinds of claims. For more information, contact a private attorney handling worker’s compensation. Visit the Arizona State bar directory at www. azbar. org for a list of attorneys specializing in worker’s compensation. 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. The ADA was created to provide workers with disabilities a â€Å"level playing field† in the workplace. It requires employers to provide accessible facilities, to make special accommodations to the needs of protected workers, and to have employment practices that do not discriminate. The ADA also prohibits harassment based on di sability, just as other federal laws prohibit harassment based on race, gender, national origin and religion. It is important to understand the difference between harassment and disability- related harassment. The law does not protect workers with disabilities, or any workers, from rude or uncivil people. The harassment must be severe and related to a person’s disability for the ADA to offer protection. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow. He often screams and yells when things do not go smoothly on the production line. Jane feels like Dan does not like her and the other workers. Dan may be harassing Jane in the common everyday meaning of harassment. Unfortunately, even though Dan’s behavior is not how we would like to see supervisors behave, it is not disability-related harassment. Let’s look at a situation that is very similar to the one in the first example. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow. He also makes comments to Jane like â€Å"what’s the matter, didn’t you hear me? † and â€Å"can’t you understand anything? I thought you were deaf, not stupid. † Here, Dan’s harassment is related to Jane’s disability. It doesn’t matter if Dan is mean and rude to everyone else as well. When Dan’s harassment is severe and focuses on Jane’s disability, it is disability-related harassment. Making hostile comments is not the only form of disability-related harassment. Offensive jokes about persons with disabilities and offensive gestures and behavior can also be disability-related harassment. . The Difference Between Disability-Related Harassment and Retaliation. Another kind of treatment that is commonly confused with disability-related harassment is retaliation. Retaliation is adverse action taken against an employee because the employee (1) 2 opposed action by an employer that violated the ADA, or (2) participated i n filing a formal complaint with the Equal Employment Opportunity Commission or the Arizona Civil Rights Division of the Attorney General’s Office. An employer can use â€Å"harassment† to retaliate. For example, an employer can harass an employee because the employee requested an ADA accommodation. An employer could also retaliate by harassing an employee who filed an ADA charge of discrimination when denied a promotion. Both retaliation and disability-related harassment violate the ADA. It is useful to know the difference between retaliation and harassment when you are making a complaint to the EEOC. Bob has paraplegia. He uses a wheelchair. Sue is Bob’s supervisor. Part of Bob’s job includes occasionally going to the room where the old files are stored to get these old files. Some of the files are on high shelves that Bob has trouble reaching without help. Bob asked Sue if someone else could do the job of getting the old files. Sue said no. Before this, Bob had never had any problems with Sue. Bob decided to make a request for an accommodation to the department head, who is Sue’s boss. Sue was furious. She yelled at Bob for 15 minutes and told him that if he ever went above her head again that she would â€Å"make him sorry†. She asked him to withdraw his request for an accommodation. Bob refused. During the next week, Sue began to ask Bob to do things that had never been part of his job before. She started asking him to deliver papers all over the building. Bob had no problem doing this because the building was wheelchair accessible, but it took him quite a bit longer than it would have anyone not in a wheelchair because the accessible elevator was on the other side of the building. Sue complained to Bob that he was taking too long to do these deliveries. Bob tried to explain why it took him longer to deliver the papers, but Sue wasn’t interested. Bob tried to do the deliveries faster, but Sue wrote him up when he took longer than 15 minutes. After being written up 3 times in the next week, Sue fired him. When Bob complained to the EEOC, he told them he was harassed in retaliation for requesting an ADA accommodation. 4. Other Types of Discrimination Sometimes, other types of discrimination feel like harassment. When an employer treats a person differently because of his/her disability in any of the conditions or terms of employment, it may feel like harassment. For example, if a person with a disability has been working for the company for many years and has never been permitted to go to a training to improve his skills, yet employees with less company seniority are often sent to training, this may be discrimination in the terms of employment. For more information about your right as a person with a disability to equal treatment, see the Center’s guide, â€Å"An Overview of the Employment Protections of the ADA. † In addition, when an employer refuses to make changes to the work or workplace so an individual can do his/her job or enjoy the benefits of employment, it may be an unlawful failure to accommodate. For more information about your rights regarding accommodations, see the Center’s guide, â€Å"The ADA and Reasonable Accommodations. † B. Proving Disability-Related Harassment 1. Introduction The ADA does not include a specific prohibition against harassment. Most courts looking at this issue have decided th at the ADA prohibits disability-related harassment because of disability because employers must prevent discrimination in the terms and conditions of employment. This means employers must prevent a hostile workplace. 2. Elements of a Claim To prove unlawful harassment under the ADA, you must be able to prove the following: †¢ you work or formerly worked for a covered employer; †¢ you are a person with a disability; with a record of a disability; or are regarded as disabled; †¢ you are or were qualified to perform your job; †¢ you faced a hostile work environment; and †¢ you were harassed by a co-worker or a third party and your employer knew or should have known about the harassment. George’s co-workers suspect he is HIV-positive because he is gay. They spray painted his locker with the words â€Å"God’s punishment† and hung plastic gloves around the office for people to use to avoid physical contact with George. George does not have HIV but he is still protected under the ADA from disability-related harassment, as he is â€Å"regarded† as a person with a disability. 3. Harassment The harassment is so severe that it changes the conditions of your employment and creates an abusive working environment or results in a tangible employment action. The conditions of your employment must change when someone harasses you because of your disability. The conditions of your employment may change because the workplace is hostile or because of an â€Å"employment action. † Either change may support a claim of harassment under the ADA. 4 Hostile Work Environment. A disability-based harassment claim under the ADA means that your workplace is so full of discriminatory intimidation, ridicule and insult toward you that it has become an abusive place to work. These claims are called â€Å"hostile work environment† claims. The ADA does not rohibit simple teasing, offhand comments and isolated incidents. To decide if the harassment is â€Å"severe† or â€Å"pervasive† enough to create a hostile work environment, courts look at: †¢ †¢ †¢ †¢ whether the discriminatory conduct has happened only once or many times; how bad the treatment is; whether it is physically threatening or humiliating; and wh ether it unreasonably interferes with your ability to work. Occasional hurtful remarks by co-workers will not usually be severe enough for a successful ADA claim, unless the occasional treatment develops into a pattern of abusive treatment. Even if some co-workers refuse to talk or associate with a disabled individual, it may not be enough to support an ADA claim for harassment because courts recognize that employers cannot force employees to get along with each and every other employee. Juanita is deaf. Her co-workers ignore her and don’t try to learn any signs so she can talk to them on breaks or at lunch. It is a simple fact that in a workplace, some workers will not get along with each other. A court will usually not find â€Å"cold shouldering† enough for an ADA claim. However, in another example, Juanita’s co-workers tease her by moving their fingers at her as though they were using sign language. The co-workers pretend they are talking to her by making mouth movements just to confuse her. She is called â€Å"deaf and dumb† by people at work. Neither her co-workers or supervisor will write notes to her about important things she needs to know at work. Juanita may have a claim for disability harassment and failure to accommodate by writing notes. Generally, one instance of harassment will not amount to discriminatory changes in the â€Å"terms and conditions of employment. However, even a one-time event may be severe enough to create a hostile work environment. The standard a court uses to decide if conduct is unlawful is whether a reasonable person would find the action offensive. 5 Because of a disability, Alberto needs to use two crutches with wrist straps in order to walk. He works evening shifts as a telephone solicitor. Alberto usually sets his crutches beside his desk while he is working. One night, two co-workers decided to pull a prank on Alberto. They took his crutches nd hid them. They told the other workers what they were up to, including the assistant manager, who was in charge of the night shift. Then they pulled the fire alarm. Alberto heard the fire alarm and looked for his crutches so that he could exit the building. His crutches were gone and he did not know the alarm was a prank. The other employees acted like they were leaving the building and exited the floor. They left him alone for 30 minutes. When he tried to crawl to the exit, they came back and laughed at him. Even though this only happened once, Alberto most likely has a claim for disability-related harassment because this conduct was so severe any reasonable person would find it offensive. Tangible Employment Action. The conditions of your employment will also change when the harassment results in an â€Å"employment action. † Harassment that results in a tangible employment action will be enough to show severe harassment. A â€Å"tangible employment action† means an important change in your employment status, not just a minor change. It usually causes you direct economic harm, and most of the time can only be caused by a supervisor or a person acting with the authority of the company. Examples of tangible employment actions may include: T firing; T failure to promote; T demotion; T a reassignment that you did not want; T a significant change in your benefits; T a decrease in your pay; T a negative change in your work assignment; T a dramatic increase in your workload; T reassignment to a position that reduces earning capacity; T reduction in hours; T refusal to grant reasonable leave requests. Javier has a severe type of diabetes. He needs to take insulin at certain times and sometimes needs to eat small snacks. He asked his supervisor for an accommodation of a 15 minute break every two hours. Shortly after the supervisor found out about Javier’s disability, she reassigned him to a different department. If Javier’s salary and benefits are the same, and the supervisor only reassigned him because the other department already has 15 minute breaks every two hours, that probably would not be an ADA violation. However, if the supervisor told Javier that she was reassigning him because she was personally bothered by needles and did not want him taking shots in her department, that would be a tangible employment action and Javier would have a claim of disability-related harassment under the ADA. 6 The mere threat of an employment action is not enough to support an ADA claim. The harassment must be unwelcome. Jaime is deaf. He works at a department store in the shipping and receiving department. Jaime and his supervisor Erin have a professional relationship. On a frequent basis, Erin makes uninvited and offensive remarks about deaf people. Jaime has been subject to unwelcome harassment. Aheem is blind. He works at a restaurant as a cashier. Aheem and his co-worker Brian, who is overweight, are constantly making fun of each other’s conditions in a good natured way. One day while they are teasing each other, Brian makes a joke about blind people. Because of the nature of their relationship, Aheem has probably not been subject to unwelcome harassment. The harassment must be based on your disability, your association with a person with a disability or your request for an accommodation. The person who is harassing you must be doing it because of your disability or your need for an accommodation. It is not enough that they harass you because they do not like you or because they harass everyone. Maria is a person who has cerebral palsy. She works for a local fast food restaurant. The assistant manager is named Fred. Fred yells at Maria and the other employees frequently. Sometimes he curses. He says things like: â€Å"Hurry the ____ up! † and â€Å"What the ____ is taking you so long? † Even though most people would agree that Fred should not talk to the employees that way, unfortunately Maria will probably not have an ADA claim if the evidence shows that Fred uses abusive language with many employees, not just Maria, and that he acts no more harshly toward Maria than he does to anyone else. This is probably not harassment that violates the ADA. However, if Fred only yells and curses at Maria and not at other employees, alls Maria offensive names like â€Å"Spaz† and â€Å"Retard†, and treats her differently than other employees, this may be harassment that violates the ADA. 7 C. The Rules About Employer Liability For Disability-Related Harassment 1. Introduction. Employers are generally responsible to provide a work place that is free of serious offenses and abuse that are based on a person’s disability. For example, employers should n ot permit a work place where a worker who is mentally retarded is called â€Å"retard,† is not allowed to eat with co-workers, or is subjected to co-workers’ offensive mimicking. Owners of a company, supervisors, managers, co-workers and third parties, such as customers, can speak or take action that creates a hostile work place. An employer is responsible for the workplace no matter who causes the hostile environment, but the courts understand that employers may not know about the harassment unless it is reported. Courts have created different rules about harassment, depending on who does the harassing. Below is a chart with examples. If the harasser is a(n): then the employer is liable for Unless the employer can show the harassment when that Owner, manager, stockholder, the harassment occurs. CEO, or president Supervisor the harassment occurs and results in a negative employment action. the harassment occurs and causes a hostile working environment Supervisor Co-worker the employer knew or should have known about the discrimination. the employer knew or should have known about the discrimination it took reasonable steps to prevent and to quickly stop harassing behavior and the employee unreasonably failed to take advantage of the employer’s efforts to prevent or stop the harassing conduct or to avoid harm. t took immediate and appropriate corrective action. Non-employees (e. g. , customer, student, sales personnel) it took immediate and appropriate corrective action. 8 2. Owner Harassment Companies are made up of people. Some people, such as owners, CEOs, directors, and stockholders â€Å"are† the company. When people who are the company harass, the company is automatically liable for the harassment. Albert Sons owns a restaurant that employs 40 part- and f ull-time employees. J. E. Albert, one of the owners, is also the restaurant manager. Lydia has worked as the Director of Catering for the restaurant for 8 years. However, she develops breast cancer and must have a mastectomy and chemotherapy. When she returns to work on a half-time basis, J. E. Albert makes numerous offensive remarks including â€Å"She’s not a real woman anymore† and speculates out loud whether â€Å"can she satisfy her husband. † He leaves photos of well-endowed women on her desk and bulletin board. He does this frequently and over many months. It is not necessary that Lydia reported the harassment because the harasser is a co-owner. . Supervisor Harassment Because a supervisor is given direct authority over an employee, the employer is responsible under the ADA for harassment by that supervisor. An individual is an employee’s supervisor if he or she: a) has the power to make or recommend employment decisions affecting the employee, and b) directs the employee’s daily work activities. Whether a harasser is a super visor is determined by his or her job function, not his/her job title. Jim, an individual living with HIV, works in a â€Å"team† environment. His â€Å"team leader† has made several derogatory comments about Jim’s illness and has even gone so far as to say that it is not worth making the effort to promote Jim. The team leader makes recommendations regarding promotions. In this situation, the team leader is a supervisor. An employer is always liable for harassment by a supervisor if that harassment results in some sort of employment action (e. g. , firing, change in work assignment, reduction in pay or hours, etc. ) This is because an employer is responsible for the acts of its supervisors; and employers should be encouraged to prevent harassment. However, even if an employment action does not result from the harassment, an employer may be liable if the harassment creates a hostile work environment. The employer will be liable for a hostile work environment created by a supervisor unless the employer can show that: (1) it took reasonable steps to prevent and stop harassment, and (2) the employee unreasonably failed to use the employer’s steps to correct or prevent the harassment. 9 Bette supervises the nursing assistants at a nursing home. One day she sees Joe, a nursing assistant, take some medication with his lunch. She asks him what type of medication he is taking, and he voluntarily tells her he is taking prescribed medicine to treat his bipolar condition. From that day on, Bette treats Joe badly. She calls him â€Å"crazy,† â€Å"looney,† and a â€Å"nutcase† in front of patients and staff. When things get busy at work, she asks if he is â€Å"going to crack under the pressure. † On breaks, she asks him if â€Å"he has ever had shock treatment† or â€Å"tried to off himself. † She also tells other workers she hopes he will just quit before he screws up. The nursing home is liable for Bette’s harassment unless the nursing home can show they had a complaint procedure and would have promptly stopped Bette’s harassment, but Joe unreasonably refused to complain. 4. Co-Worker Harassment An employer is liable for a co-worker’s harassing conduct if it knew or should have known of the co-worker’s misconduct, unless it can show it took immediate and appropriate corrective action. Ingrid is deaf. Her co-workers often mimic her, force her to speak, and make derogatory comments about her deafness. Her work environment has become a hostile one. This situation has continued for approximately 6 months at the same level of â€Å"hostility†. Ingrid mentioned the problem several times to her shift supervisor. Ingrid’s supervisor is aware of this situation and should have taken some sort of corrective action (possibly sensitivity training and discipline of offending employee), but it has not happened. Her employer is liable for the harassment by her co-workers because it has not taken any steps to correct the action. Sara is a sous chef at a restaurant. She took some medical leave for a hospitalization related to suicidal tendencies due to severe depression. When she returned to work, a small group of her co-workers had learned about the reason for her leave and began taunting her. One day, all the knives at her work station were hidden and a note was left that no one wanted her to hurt herself. Another instance involved a bottle of candy pills that were left spilled all over her purse. Sara reported it but the management did not investigate or take any steps to correct it. The employer is liable for the harassment. . Non-Employee Harassment An employer is liable for a non-employee’s harassing conduct if it knew or should have known of the non-employee’s misconduct, unless it can show it took immediate and appropriate corrective action. In most places of employment, there are other people who enter a workplace or are part of a workplace who are not employees. For example, a store, movie theater, restaurant or gallery w ill have patrons and customers. Also places of employment may have 10 independent contractors who work at the facility. For example, a hospital may employ nurses, nurses aides, medical clerks and therapists, but the doctors are independent contractors and not employees. To become responsible for the non-employee’s harassing conduct, the employer must know about it. This is because it is more difficult for an employer to be aware of all of the day-to-day events at a workplace, particularly when they involve non-employees. Jarod teaches 7th-8th graders language arts/history at a private school. The students come to believe that Jarod is gay and jump to the conclusion that he is HIV positive or has AIDS. The students spray paint offensive references to HIV in the men’s bathroom. The school did not repaint the wall for over a month and did not investigate the students believed to be involved. The school will likely be liable for the harassment caused by the students. D. Duty to Employees to Avoid or Limit Harm In general, an employee facing harassment from a supervisor (not an owner) has a duty of reasonable care. This means that as an employee, you must use all available means of prevention provided by the employer to avoid harm. Failure to do this could result in the employer escaping its legal liability or possibly being required to pay less money if there is a judgment against it. As an employee, you must be aware of the opportunities made available by your employer to employees (such as a grievance procedure) to report problems and use them if faced with workplace harassment. However, there are certain situations in which failure to use the procedures might be considered reasonable. For example, if the employee reasonably believes that: the employer does not have a complaint system that has been given out r made available to employees; Julie is a full-time cashier in a major department store. She is hard of hearing and requires the use of a hearing aid. After a month, Julie is periodically bothered by fellow employees, who poke fun at her and use her hearing impairment as a subject for their jokes and harassment. Julie wants to approach her supervisor about the situation, but is unaware of any avenues for her harassment complaint. As a new employee, she has not been made aware of any complaint system. There is nothing posted in the employee’s lounge or in the materials given to her by her employer. Julie’s employer has a duty to make all employees aware of the existence of a complaint system. In this instance, Julie’s failure to make a complaint would probably be reasonable. a risk of retaliation exists for those who use the complaint process; 11 Sophie is faced with harassment. She wants to file a complaint with her supervisor. However, the supervisor and the harasser are close friends. Sophie is concerned that her complaint will not be given the proper attention. The procedure does not offer any exceptions for making a complaint to someone other than a supervisor. She does not file a complaint, and the situation continues. In this case, Sophie may have acted reasonably by not filing a complaint. obstacles to complaints were present; James is autistic and cannot read or write. He works as a dishwasher. The cooks and other dishwashers make fun of him. He wants to complain and tells his supervisor about the problem. His supervisor tells him he will only accept a formal written complaint and does not offer to help him write his complaint. James has not failed to take reasonable steps. the process for complaints was ineffective. Shop-Mart has a written harassment policy that is available on-line. All new employees are provided training about the complaint procedures. Anyone can come to the training room to look at the policy on-line. Jerry wants to complain about customers who taunt him and treat him badly because he is an amputee, but his store manager has a well-deserved reputation for never checking into complaints and telling people to work it out for themselves. Also, several of Jerry’s co-workers were marked poorly on their evaluation for not getting along with others after they made a complaint of harassment. Jerry is probably acting reasonably when he does not use these procedures. Generally, it is better to put your complaint in writing so that you can later prove that you did let your employer know about the harassment by a co-worker, supervisor, or non-employee. You should also send a copy of your complaint to the owner or director of the company. However, at times there may be other reasons you might be justified in not making a complaint. For advice, call the ADA Employment Advice Line or a private attorney. E. Employer’s Responsibility to Prevent/Stop Harassment An employer has a duty to act reasonably to prevent and correct any harassment. The most effective way of exercising this duty is through an effective complaint procedure provided to all the employees in the workplace. If written and used properly by the employee, the employer can, in some cases, discourage harassment before it takes place and, in other cases, address it immediately to limit the harm. To meet its duty, an employer should establish, publicize, and enforce anti-harassment policies and complaint procedures. It is the EEOC’s position that all policies should be clearly 12 understandable and accessible to all employees in the workplace. In addition, an employer should provide extra training focusing on harassment so that all employees will be made aware of these policies. The EEOC advises that an employer’s complaint procedure should: provide a clear explanation of conduct that is against the law; assure employees who make complaints of harassment or provide information related to such complaints that they will be protected against retaliation; describe a complaint process that provides accessible avenues to make a complaint; be flexible about the format of the complaint; assure that the employer will protect the confidentiality of harassment complaints to the extent possible; make accommodations in the complaint process as needed for people with disabilities (e. . , large print policy for visually impaired employee; an interpreter to interview an employee who is deaf and complaining about harassment; provide a prompt, thorough, and impartial investigation; and assure that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred. The policy should focus on the prevention of harassment. A n effective policy of antiharassment provides employees with protection so that they may avoid potential harassment before it happens. The complaint procedure should also encourage employees to report instances of harassment. It should be set up to prevent employees from being intimidated by reporting these incidents. One effective method to avoid intimidation is to have employees report complaints to other employees who are outside of the direct line of command. An employee will be more willing to report harassment if he/she does not have to go through a â€Å"higher-up† who was directly involved in the incident. The policy should also contain information on important dates and deadlines for filing a complaint with the EEOC. Even if your employer does not have a harassment policy, you should report harassment by a co-worker, supervisor or third party to your employer. F. Steps to Take If Your Employer Does Not Take Appropriate Action Practical Tips to Help You Deal with Harassment check any materials you were given as an employee or that are available to all employees (e. g. , internet site) to see if there is a procedure for reporting discrimination and harassment to your employer; 13 f there is no procedure for reporting complaints, see if there is a procedure for reporting any problems and use it; keep a journal of what has been done to you, by whom, when, how often, where and how this affected your ability to do your job; be specific about the harassment that occurred; even if you are not sure whether the misconduct is offensive enough to be unlawful ADA harassment, you can still report i t. It gives your employer a chance to stop offensive conduct before it becomes unlawful. alk with a trustworthy friend or a hotline for support†¦problems at work can be hard to live through, and sometimes it can seem like you’re imagining things; if you are not afraid of the harasser, talk to the offender and tell them the behavior is offensive and keep notes of this conversation (and date them); talk to your supervisor or another person in authority and tell them what’s happening; put your complaint in writing; use the ‘legal’ words defined and explained in this guide so your employer will have a clear idea of what you are requesting; and send a copy of the complaint to the management or owner of the company. Keep in mind that in most cases of harassment (except by owner, CEO, director, etc. ), the employer is not liable unless he/she knew or should have known about the harassment. This means that in general it is a good idea for employees to report the harassment to the company. If there is a complaint procedure for reporting harassment, you should use the procedure to notify the company. Get Legal Advice One way to get brief legal advice is to call the Arizona Center for Disability Law at 1800-927-2260 (toll-free statewide) or at (602) 274-6287 in the Phoenix area, to an experienced advocate or attorney who can provide you with information about the protections of the ADA. If you want more information, you may request copies of the Center’s self-advocacy guides about the employment protections of the ADA and sign up for a free legal training in Tucson or Phoenix. Information about the guides and training is available at www. zdisabilitylaw. org. The Center can also provide you with lists of attorneys who practice employment law in Tucson and Phoenix. File a Charge of Discrimination You can also file a charge of discrimination with the U. S. Equal Employment Opportunity Commission (EEOC). â€Å"Charges† are complaints of discrimination. You can do it immediately or wait until you have first complained to your employer. The EEOC will investigate your charge and determine whether there is reasonable cause to believe 14 discrimination has occurred. It will then issue a right to sue letter in all cases (except for the few selected cases in which it will file a lawsuit). In Arizona, the Civil Rights Division of the Arizona Attorney General’s Office (ACRD) will also take your charge. You do not have to pay to file a charge with these offices. You can call (800) 669-4800 (voice) or (800) 669-4820 (TTY) for the EEOC or (520) 628-6500 for the ACRD in Southern Arizona. You must file a charge with the EEOC or the ACRD to be allowed to bring a lawsuit for employment discrimination based on disability. You have 180 days to file a charge under state law and up to 300 days to file under federal law. For more complete information about filing a charge, please see the Center’s guide â€Å"How to Enforce Employment Rights under the Americans with Disabilities Act. † Before you go to the EEOC or ACRD, please read the guide. G. Introduction to the Americans with Disabilities (ADA) and this Guide 1. What Does the ADA Cover? On July 26, 1990, the ADA was passed by Congress. The ADA provides major civil rights protection to individuals with disabilities. The intent of this federal law is to reduce barriers to persons with disabilities and provide equal opportunity in employment, public accommodations, public services, transportation, and telecommunications. The various titles of the ADA affect many aspects of the lives of people with disabilities. †¢ Title I makes it unlawful to discriminate against qualified people with disabilities in employment. †¢ Title II makes it unlawful for state and local governments and their agencies to discriminate in programs and services, including public transportation. Title III prohibits discrimination in access and enjoyment of public accommodation and commercial facilities, such as hotels, motels, restaurants, professional offices, doctor’s offices, lawyer’s offices, convention centers, stores, banks, museums, parks, schools, and recreation facilities. Title IV requires accessibility of telecommunication services to hearing impaired persons and other individuals with disabil ities. Title V provides for recovery of legal fees and establishes a mechanism for technical assistance. Additionally, Title V includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA. †¢ †¢ 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? If you believe you have been discriminated against on the basis of a disability in employment or access to public services, public accommodations, public transportation or telecommunication services, staff at the Arizona Center for Disability Law can provide you with information about the ADA and enforcing your rights under the ADA. The Arizona Center for Disability Law is a non-profit, public interest law firm providing fee advocacy, information and referral services, legal research, community legal education, and, in selected cases, legal representation to individuals with disabilities and advocacy organizations throughout Arizona. The Center is the designated protection and advocacy (PA) system providing services for Arizonans with a wide range of physical and mental disabilities. Assistance is provided for disability-related issues in established priority areas. Information about the eligibility requirements and priorities are available from the Center upon request. Assistance is provided according to program eligibility requirements, priorities and staff availability. This Guide is Not a Substitute for Legal Advice! The Arizona Center for Disability Law recommends that persons obtain professional legal advice to resolve a legal dispute regarding discrimination on the basis of a disability. This guide is not a substitute for legal advice. This guide is meant to provide people with disabilities with information and examples about employment protections under the ADA. The information in this guide is based in part on court cases interpreting the ADA. Courts in the various parts of the country interpret the ADA differently. Not all of this information may be true for people living outside of Arizona. 3. Why Does the ADA Include Employment Protections? Oftentimes, people with disabilities do not have an equal opportunity to work or advance in their employment. People with disabilities are often restricted in employment opportunities by many different kinds of barriers. Some face physical barriers that either make it difficult or impossible to get into and around a workplace or to use work equipment at the site. Some are excluded because they communicate differently than their co-workers. Still others are excluded because of rigid work schedules which do not permit flexibility for people with special needs because of a disability. In other cases, people are not denied opportunities because of actual barriers, but because of prejudice. These are the barriers in other people’s minds: fears, stereotypes, presumptions and misconceptions about job performance, safety, absenteeism, costs or lack of acceptance by coworkers and customers. 16 Congress enacted the ADA to eliminate these barriers to equal opportunity in employment. The ADA makes it unlawful for an employer covered by the law to discriminate against applicants and employees with disabilities. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing this law. People with disabilities also have the right to bring private lawsuits against employers who discriminate against them if they first file a charge of discrimination with the EEOC within the time limits set out by the ADA. See the Center’s guide, How to Enforce Your Employment Rights Under the ADA, for more information about how to file a charge. However, the U. S. Supreme Court recently ruled that private individuals may not sue state employers for money damages under the ADA. Individuals may still file charges of discrimination with the EEOC against their state employer for other relief, such as court orders to stop discrimination. The U. S. Government can still file lawsuits against states for violating the ADA. The list of guides available through the Center about employment rights under the ADA include: O An Overview of the Employment Protections of the Americans with Disabilities Act (ADA) The ADA and the Job Applicant The ADA and Reasonable Accommodations The ADA and Drug Testing How to Enforce Employment Rights Under the ADA The ADA and Medical Examinations The ADA and Confidentiality of Medical Information Taking Action–How to File a Charge When You’ve Been Treated Unfairly by an Employee Because You Have a Disability How to Ask Your Employer for an Accommodation That You Need Have you been Treated Unfairly at Work? O O O O O O O O O 4. When Do the ADA Employment Protections Apply? The ADA does not cover every employment situation between an applicant and an employer or an employee and an employer. For the ADA to apply to an employment arrangement, each of the following has to be true: †¢ the employer is covered by the ADA; †¢ the employee or applicant has a disability according to the ADA; †¢ the employee or applicant is qualified to perform the job; and †¢ the employer discriminates against an applicant or employee on the basis of disability. 17 For more information about each of these requirements, see the guide, An Overview of the Employment Protections of the ADA. 5. What Employers are Covered by the ADA? The ADA applies to private employers with 15 or more employees. †¢ Includes employment agencies and labor unions. †¢ Includes a location or facility of a business with less than 15 employees whose total number of employees for the company in all locations and facilities combined equal 15 or more. Other laws may apply to persons with disabilities who are employed by smaller businesses. For more information, contact the Arizona Center for Disability Law or a private attorney. †¢ The ADA applies to state and local governments. Includes all state and local governmental agencies, departments and entities regardless of their size or number of employees. Although the ADA applies to state employers, the U. S. Supreme Court recently ruled that employees (and applicants) can not sue state employers in court for money damages. Individuals can still file charges of discrimination with the EEOC against their state employer. Individuals can still sue to require state employers to take action or stop discriminatory action. The U. S. Government can still file lawsuits against state employers under the ADA. Examples of state and local employers include: public schools, public universities, police and fire departments, public libraries, museums, public parks and recreation facilities, and social welfare offices. The ADA does NOT apply to the federal government. The ADA does apply to employees of the U. S. Senate. However, generally if a person with a disability works or applies for a job with the federal government, a federal agency, or a fully owned U. S. Government corporation, then the ADA does not apply. However, the Rehabilitation Act of 1973 is another anti-discrimination law that offers employment protections. For more information about that law, contact the Arizona Center for Disability Law or an EEO officer of the federal agency where you work or a private attorney. Title I (Employment) of the ADA does NOT apply to Indian Tribes. Tribes may have their own affirmative action or anti-discrimination laws which may address discrimination on the basis of disability. Some tribes have adopted tribal laws or entered into agreements to abide by federal discrimination laws similar to the ADA. 18 †¢ How to cite The Ada and Disability Related Harassment, Essay examples

Sunday, December 8, 2019

Wireless Microwave Technology Conference -Myassignmenthelp.Com

Question: Discuss About The Wireless Microwave Technology Conference? Answer: Introducation Wireless LAN (WLAN) channels are the new mode for data communication and there are multiple options available for the same. In this section, four of such technology are assessed to identify the system that will be the leader in the deemed field. The considered technologies have been discussed as follows: 802.11b: The deemed technology uses radio signal frequency at 2.4 GHz for the communication purpose (Desai Ibrahim, 2015). It offers larger signal range and is also almost obstruct proof at a lower price. However, it suffers interference from appliances that uses electromagnetic waves and offers low data communication speed. 802.11g: The considered technology also equips radio signal at 2.4 GHz however it offers more bandwidth than 802.11b (Desai Ibrahim, 2015). Extended bandwidth offers high speed than the its predecessors with good range along with compatibility to its predecessors hardware. It is not cost efficient and also suffers from interference. 802.11n: The talked about technology uses multiple antennas and signals (MIMO) for the communication. The speed of up to 300 Mbps is one of the most significant advantage of the same along with a strong signal range and resistance to external interferences (Bejarano, Knightly Park, 2013). However, equipping multiple signal increases the probability of interference with the signals from different WLAN technologies. 802.11ac: This model uses dual band model for supporting dual bandwidth (2.4 5 GHz). It offers enormously high speed of upto 1300 Mbps for 2.4 GHz and 450 Mbps for 5 GHz along with compatibility with the older models of 802.11 series (Bejarano, Knightly Park, 2013). The only con of the deemed system is its higher cost and is not immune to interference in 2.4 GHz. Hence, after the discussion of different WLAN technologies it is recommended to equip 802.11ac. The reason for the recommendation is its high bandwidth multiple supports and compatibility. Comparison: FHSS and DSSS Both FHSS (Frequency Hoping Spread Spectrum) and DSSS (Direct Sequence Spread Spectrum) are wireless data transmission technology however, they offer some contrasting differences which have been mentioned as follows (Alisa, 2013): Speed: The top most speed offered by FHSS is 3 Mbps because of its limited bandwidth while DSSS has larger bandwidth and hence can offer up to 11 Mbps. Connectivity: DSSSs connectivity suffers in the obstructed environment (like noises, multi-path, presence of other wave and others). However, FHSS can withstand such environment, sometimes it can even elude jammers. Power Consumption: DSSS equips devices that consume more power (Linear power amplifier) while FHSS can work on nonlinear power amplifier. Hence, the latter is more power efficient than the former. Cost efficiency: FHSS are cheaper than DSSS. Interference: DSSS can withstand high interference though the same cannot be quoted about the FHSS. Channels: FHSS equips multiple channels for transmission which affects the quality of the transmission on the other hand DSSS uses single channel. Antennas in wireless technology The following section discusses four different types of antennas available in the consumer market before putting forth the recommendation for the deemed organisation. Dish: Dish is the most widely known antenna in the world. It equips reflector to focus the radio frequency in the antenna (Stutzman Thiele, 2012). It offers great bandwidth that are operational over a huge range of frequencies along with high gain and directivity. The demerits that are associated with the considered antenna are its size, cost and maintenance. Grid: These antennas are directional in nature and must be pointed towards the source. The most significant advantage offered by the antenna is the capability to avoid interference as it is source focused (Knox, 2012). They also offer high gain and are compatible with most of the systems because of its size. Though, its limited bandwidth and frequency range are the things that the users need to consider before equipping it. Sector: These antennas are geometrically directed antenna allowing the user to gain a full circular coverage (Lo Li, 2012). The greatest advantage offered by the considered antennas is the extended number of connections it can handle at a single instant. However, the positioning of this antenna along with its non-immunity to interference are few of its cons. Omni: The deemed antenna offers a great coverage distance but reduced angle. The reason for the above mentioned statement is its directional nature (Stutzman Thiele, 2012). Omni antennas offers low gain as they follow beam pattern and hence are not focussed to the source. However, the deemed antenna is suitable for the system where alignment od the direction is of great importance. The discussion above offered an insight of the different types of antenna that can be equipped depending on the requirement. Hence, it is recommended that if the organisation wants an efficient communication within the organisation then they should opt for the sector antenna. However, if their requirement is geographically large then dish antenna is most suitable option for them. References: Alisa, Z. T. (2013). Evaluating the Performance of Wireless Network using OPNET Modeler.International Journal of Computer Applications,62(13). Bejarano, O., Knightly, E. W., Park, M. (2013). IEEE 802.11 ac: from channelization to multi-user MIMO.IEEE Communications Magazine,51(10), 84-90. Desai, P., Ibrahim, B. (2015).U.S. Patent No. 9,059,782. Washington, DC: U.S. Patent and Trademark Office. Knox, M. E. (2012, April). Single antenna full duplex communications using a common carrier. InWireless and microwave technology conference (WAMICON), 2012 IEEE 13th annual(pp. 1-6). IEEE. Lo, T., Li, X. (2012).U.S. Patent No. 8,116,822. Washington, DC: U.S. Patent and Trademark Office. Stutzman, W. L., Thiele, G. A. (2012).Antenna theory and design. John Wiley Sons.

Sunday, December 1, 2019

The Benefits of Yoga And Meditation free essay sample

The Benefits of Yoga and Meditation In today’s environment, many people are suffering with the stress and anxiety of day to day living and are finding themselves unable to cope with life’s little emergencies. Prescription drugs are on the rise due to the increasing need for people to deal with their stress and anxiety. However, many people are searching for ways to be less stressed and live a happy and healthy life without drugs. If stress and anxiety are getting the best of you, then think about grabbing a mat and giving yoga and meditation a spin. With that in mind, this paper will take a look at the benefits of yoga and meditation to create a more peaceful and healthy lifestyle. What is Yoga? Yoga is a centuries-old Eastern philosophy but what does a person normally think of when the word â€Å"yoga† is mentioned? Many will say they immediately think of uncompromising poses that only a young and nubile person could possibly achieve. We will write a custom essay sample on The Benefits of Yoga And Meditation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Others may say that it is a practice that takes years of discipline and patience to acquire. While there may be a bit of truth in both these explanations, Shane Bance wrote an article on the definition of yoga and he defines it this way: Yoga is an ancient Indian body of knowledge that dates back more than 500 years ago. The word Yoga came from the Sanskrit word yuj which means to unite or integrate. Yoga then is about the union of a persons own consciousness and the universal consciousness. (Bance, 2012) Yoga is a blend of postures and breathing techniques that are combined to reduce stress and anxiety. Meditation, at the same time, is also beneficial to relieving stress and creating balance in one’s life. What is Meditation? While a meditative state is a natural outcome of practicing yoga, meditation s defined by The Free Dictionary † is a practice of concentrated focus upon a sound, object, visualization, the breath, movement, or attention itself in order to increase awareness of the present moment, reduce stress, promote relaxation, and enhance personal and spiritual growth† (Farlex, 2013). Although meditation is normally perceived as a spiritual practice, like yoga, it also offers many health benefits. The Benefits of Yoga Yoga combines physical exertion along with mental discipline to achieve a balance between mind and body. There are many benefits to practicing yoga such as improving one’s flexibility, toning muscles and reducing stress. Yoga is even getting the green light from many physicians as an alternative method for their patients suffering from a number of disorders and sports injuries. These disorders range from depression, heart disease, breast cancer, menopause, chronic back pain and even weight loss. Being physically fit, which yoga can accomplish, is as important as being mentally fit by including meditation to a daily routine. The Benefits of Meditation Meditation is a technique used by many as a way to relax mentally and detach from their everyday thoughts and emotions. Many sports enthusiasts and athletes are including meditation as part of their workout to improve concentration. Even though meditation has normally been recognized as a spiritual practice, there are also many health benefits one can enjoy. Health benefits of practicing meditation can include â€Å"lower heart rate, lowered levels of cortisol and lactate two chemicals associated with stress, decreased anxiety and depression, decreased irritability and moodiness and improved learning ability and memory† (Merrifield, 2012). People who practice meditation on a consistent basis claim to sleep better at night and suffer from insomnia less frequently. Consider meditation as a time-out for adults! Yoga and Meditation: A Perfect Union Combining yoga and meditation or yoga meditation, is a beautiful way to relax and de-stress after a long day. The positions of yoga gently stretch the body and then allow your muscles to relax while meditation helps to alleviate the pressures and problems that arise throughout the day. Many people think that yoga and meditation are two different things but the two go hand in hand. Yoga meditation is an exercise program that includes stretching and exercises that use deep breathing to bring peace and tranquility. While it’s true that you can meditate without performing yoga, yoga on the other hand, always involves some form of meditation. Yoga and Meditation Styles There are many different styles, forms and intensities of yoga that one can practice. Yoga is not a one-size-fits-all type of exercise. The beauty of yoga is that anyone at any age, including the elderly, can practice this ancient art. Many gyms are now offering yoga classes to their members as well as yoga-specific studios which are popping up all across the country. Keep in mind that one style is not better than another but rather a personal preference. If taking a class, it’s important that the student is comfortable with the teacher, notably; liking one’s teacher is also true of learning and practicing meditation. Following is a list and short description of yoga styles that have been or are becoming quite popular all over the world. All yoga styles incorporate meditation into them. Ashtanga – This yoga is for those who want a serious and physically demanding workout. â€Å"It involves synchronizing breathing with progressive and continuous series of postures-a process producing intense internal heat and a profuse, purifying sweat that detoxifies muscles and organs†.

Tuesday, November 26, 2019

Railroad Monopolies; this essay covers the railroad monopolies and how they were dealt with.

Railroad Monopolies; this essay covers the railroad monopolies and how they were dealt with. Railroad MonopoliesA monopoly is when one person or group has exclusive control over something. A modern day example of a monopoly is Microsoft. Microsoft completely dominated the computer market by using their dominance and billions of dollars from the personal operating systems and business applications to develop products for multimedia, business operating systems, and now even games and on-line services. People in the late in 1800s dominated and abused other things, such as railroads. Railroad companies could charge a farmer very high just to transport their crops a short distance and the farmers could not do anything about it. The railroad monopolies of the 1800s were very hazardous and nearly controlled the way every westerner performed their business and lived their lives.Colonel John Stevens was the man who came up with the idea of constructing a railroad. He wrote all of his ideas on the railroad in a journal titled "Documents tending to prove the superior advantages of rail ways and steam carriages over canal navigation."The Last Spike, by Thomas Hill, (1881)Some of the first railroads were not automatically ran on trains, but with horse pulling carts along tracks. The first railroad was constructed in 1826 which only covered a span of about three miles. On Christmas Day, 1830, the South Carolina Canal and Railroad Company completed the first mechanical passenger train. This day marked the beginning of the modern railroad industry. This industry would run every westerner's life for many decades to come. (Small)Within twenty years of the first mechanical passenger train, over 9000 miles of track had been laid down across the United States. Although this may seem like a lot, not one track spanned more than a few miles. Soon various railroad companies started to cooperate with one another to maximize their overall profits. These few companies that were cooperating...

Friday, November 22, 2019

Profile of Michael Skakel - Part One

Profile of Michael Skakel - Part One Michael Skakel: Michael Skakel should have had it all - wealth, security, friends in high places, but something went terribly wrong. Being a nephew to the Kennedy clan failed to protect him from himself and problems for Michael started early. In an autobiography proposal that he was trying to sell to a publisher, Skakel described his rage, his learning disability, alcoholism and sibling jealousy. Twenty-seven years later, a jury decided that his personal demons led him to bludgeon 15-year-old Martha Moxley to death with a golf club. Silver Spoons: Michael Skakel was born on October 19, 1960 to Rushton and Anne Skakel. He was the middle son of six siblings and grew up in a large home in the gated wealthy community of Belle Haven in Greenwich, Conn. Rushton Skakel Sr., the brother of Ethel Skakel Kennedy, who was married to the late Robert F. Kennedy, was chairman of the Great Lakes Carbon Corp. The Skakels were part of Americas elite, enjoying an exclusive place in society, wealth, and a home in one of the richest towns in the U.S. Anne Skakel: In 1973 Anne Skakel died from cancer. Michael was 12 years old and devastated at the loss of his mother. Anne was a central part of his life and Michael blamed himself for her death, pointing at his poor attention to his prayers as the reason. The balance that Anne had kept inside the Skakel household was gone and a kind of sibling chaos took over. Rushton Skakel spent much of his time at work, leaving the kids on their own or with hired tutors or live-in sitters. Michaels Miserable School Years: Michael was a terrible student, suffering from undiagnosed dyslexia. His father was constantly lecturing him on improving his study skills. He flunked out of numerous private schools and by the age of 13 he was a self described, full-blown daily-drinking alcoholic. Danger Signs: As a kid, Michael had earned the reputation as being violent and quick to lose his temper. He also was known for torturing and killing birds and squirrels then displaying them in an almost ritualistic way. His quick temper and spoiled nature effected his relationship with the neighborhood kids and often parents would disapprove of their children associating with the volatile Skatel boys. Brotherly Rivalry: Tommy, Michaels older brother, was more popular and had a way with the neighborhood girls. According to Mark Furhmans book, Murder in Greenwich there was a strong rivalry between the two brothers, with Tommy often coming out on the top. This was especially difficult for Michael to accept when he found himself attracted to the same girls as his brother. The Murder of Martha Moxley: In October 1975, Tommy and Michael became suspects in the murder of 15-year-old Martha Moxley, a friend and neighbor of the boys. It was mischief night the night before Halloween, and Martha Moxley and friends were out spraying shaving cream and ringing doorbells before stopping over at the Skakels. Martha left the Skakels for home between 9:30 and 11:00 p.m. but never made it. The Golf Club: The following day her bludgeoned body was found under a tree in her yard. Her jeans were pulled down, but no evidence of a sexual assault was found. The weapon, an expensive Toney Penna golf club, was found with a shattered shaft, with a jagged piece of it lodged in Marthas neck. Investigators traced the club to a set belonging the boys deceased mother, Anne Skakel. The Alibi: This discovery put the prime focus on the Skakel household. After interviewing Marthas friends, including the Skakels, the police ruled out Michael Skakel as a suspect because he was at a friends house during the time Martha was murdered. Tommy Skakel and a newly hired tutor, Ken Littleton,who was living at the Skakel home, remained on the top of the suspect list, but no arrests were made in the case. The Drinking Problem: Michaels daily drinking escalated and in 1978 he was arrested in New York for driving while intoxicated. In an agreement with the state to drop the charges, Michael was sent off to Elan School in Poland Spring, Maine where he was treated for alcoholism. Primal Screaming: The Elan School had a series of group therapy and private sessions where students were encouraged to participate in primal screaming and come clean about incidents in their lives which caused them guilt and sorrow. It was during this time at Elan that Michael supposedly admitted to his father and members of the Elan staff that he was involved in Martha Moxleys murder, (a point now denied by his attorney). Sobriety: After Michael left Elan, he continued to battle his alcoholism, entering different rehabilitation centers. In his early 20s he began living a sober life. He was diagnosed with dyslexia and entered Curry College in Massachusetts which focused on students with learning disabilities. After his graduation he married golf pro, Margot Sheridan and spent much of his time preparing and competing in speed skiing events. William Kennedy Smith: In 1991, the Moxley investigation was reopened after rumors circulated during the trial of William Kennedy Smith, that William was at the Skakel home on the night Moxley was murdered. The press was also interested in the case and many of the original principals were interviewed. Although the rumor of Smiths presence in the home proved to false, the public eye was once again focusing in on the Skakel boys, Tommy and Michael.

Thursday, November 21, 2019

Mindfulness, Professionalism and Healing Essay Example | Topics and Well Written Essays - 1250 words

Mindfulness, Professionalism and Healing - Essay Example In addition to my experience with the films and the readings, witnessing my aunt visiting a nurse for help was just evidence on the power of the nursing. Despite having three kids, the size of the building she had was a hindrance to giving adequate care for the younger ones. Taking her time to visit the nurses was a life changing moment since she was given every kind of empathy, mindfulness and healing that she required. Intuitively, in order to realize the importance of nursing system to families I had to relate my aunt’s experiences with the nurses on the basis of the three aspects: of empathy, mindfulness and healing . Rationally, my aunt was a low income earner who could not acquire enough resources to secure his family. As if the scarcity is not enough punishment, my aunt gave birth to three kids of which all of them required care from her. For instance the children were a subject to food consumption, shelter and clothes to wear which my aunt could not adequately offer. Just the same to my aunt situation, David Bornstein in â€Å"The Power of Nursing† introduces his article with an intriguing question to depict the state of some individuals in the society† The following is a statement and question put forward by Bornstein: â€Å"In 2010, 5.9 million children were reported as abused or neglected in the United States. If you were a policy maker and you knew of a program that could cut this figure in half, what would you do?† (Bornstein, 2012) The above quote depicts children who are abused and neglected in the same way as my aunt who is going through a crisis of taking care of her three children in her small hut. The act of mindfulness comes in when Bornstein talks about Nurse-Family partnership as the best way to save this group of people. Nurse-Family partnership comes in handy as it is the only right way of harmonizing the gap between the poor and the rich. No matter what background an individual comes from, the program arranges for registered

Tuesday, November 19, 2019

Gatsby vs. Gatsby; novel vs. film Essay Example | Topics and Well Written Essays - 1000 words

Gatsby vs. Gatsby; novel vs. film - Essay Example One time Nick gets an invitation to one of the many parties where he gets to meet Gatsby and they recognize each other, having served in the First World War together. Gatsby’s aim of hosting the parties is to attract the beautiful Daisy. He even gets to ask Nick to organize an â€Å"accidental meeting† so they re-unite; a plan that finally succeeds. Things take a different twist when Daisy’s husband, who is also in an extramarital affair, becomes suspicious of their affair. After a night drive that kills Tom’s mistress, Tom goes hunting for, and shoots Gatsby then himself. Nick sets up a silent burial for Gatsby then returns to his initial home. Decades later in 2013, Baz Luhrmann directed a film, in the same name, featuring famous stars such as Leonardo DiCaprio. The Great Gatsby film was successful almost instantly that it won awards in its first year. This essay will compare the film and novel in detail and evaluate their representation on the theme of the human condition of always yearning for better or higher positions. The novel did not rise to fame immediately, it was published, but after the author died; it was integrated into the high school English literature curriculum where its popularity began. The popularity is attributed to its close relation to real life events that overly engage the readers in that it portrays themes with both emotional and moral significances which are considered universal human attributes. What this means is that in reading the book, one always learns something more with regards to what being human entails. In the novel, the main theme portrayed revolves around constant and insatiable human longing which is an inevitable part of human beings. The evidence in the Great Gatsby is seen in the characters like Gatsby, who is a millionaire, but still feels unsatisfied as long as he does not have Daisy. These and other attributes of human beings are brought out using different styles in the novel as this text will discuss. In

Saturday, November 16, 2019

Bureaucratic Management Essay Example for Free

Bureaucratic Management Essay An organisation can be best describes as a unit which consists of individuals who, in order to achieve certain objectives, influence other people. They may be trying to achieve wealth or well being through differing processes, technologies, structures and cultures. In order to run an organisation well management is needed. Management then is the planning, organising, leading and controlling of human resources, s well as other resources, in order to achieve effective goals. Rosemary Stewart describes a manager as; Someone who gets things done with the aid of people (Boddy P11) Bureaucratic Management An important aim for most businesses today is to increase productivity and efficiency. In order to do so, many businesses adopt theoretical approached to management. The theory of bureaucracy is one in which is the underlying theme of control in many organisations of today. Bureaucratic management is described as a formal system of organisation in order to maintain efficiency and effectiveness. (Contemporary Management P48) Max Weber developed the theory of bureaucratic management and derived five main principles which should be adopted when using bureaucratic management. Although his theories were very sound, perhaps the most influential principles of management in organisations are that of Henri Fayol. He devised 14 theories of management however some of these theories are similar to that of Max Weber. Like Weber, Fayol believed in division of labour where workers would be given more job duties and responsibilities. He also believed in authority and responsibility similar to Webers theory, where authority should come from personal expertise, technical knowledge moral worth and the ability to lead to generate commitment from subordinates (Contemporary Management P50) Weber believed in dual command, similar to this, Fayol believed unity of command. This principle involves an employee reporting to and only receiving orders from one supervisor. Next he devised that there should be a line of authority which can be described as the line of command starting at the bottom of the organisation and following up to the very top of the organisation. In bureaucratic management it is important to control the number of levels in the hierarchy because the more managers there are the longer it takes to plan and organise activities. Similarly he believed that an effective bureaucratic work place should have a form of centralisation. Fayol believed that authority should not be centralised at the top of the chain of command. As a result of centralisation of authority, it would mean managers at the top of the hierarchy are able to make more decisions and therefore the people lower down the line of authority would simply follow their direction. In a bureaucratic organisation there is a need for unity of direction which Fayol picked up on. He believed that effective bureaucratic organisations which devised a plan of direction would eradicate ineffectiveness and unfocused activities. On the other hand, bureaucratic organisations should treat employees with equity and fairness as well as sustain order. Fayol described order as the methodical arrangement of positions to provide the organisation with the greatest benefit. (Contemporary Management P50). Linked to this he believed in the discipline within the organisation whereby employees could focus on obedience, energy and respect for authorititive figures. On the other hand, bureaucratic management according to Fayol should encourage employees to use initiative as well as a system whereby employees are rewarded in order to increase productivity and increase enjoyment for the employees. Included in these reward systems were profit sharing plans and bonuses. He recognised the need for long-term employment because through time people develop their skills. Similarly he believed that some form of agreement should be made by the organisation and its employees in order to maintain that employees are treated fairly and overall be rewarded for their performance. Espirit De Crops is an important part in the success of a bureaucratic organisation because it refers to a shared feeling of motivation and commitment to a specific cause. When managers are able to encourage personal and verbal relations between both managers and workers espirit de corps can be developed. Furthermore, this can be linked to Human Relations management. Human Relations Management Human relations management is the belief that a concern for human factors such as job specialisation in order to improve productivity. It was based on the belief that people have a social dimension and have important links not just to the workplace, but out with the organisation itself. Human relations was a move from a rational economic view of man, where a employee will increase productivity with economic benefits such as wage rises and bonuses; to a social view of man, where productivity will increase with an increase in employee relation ships and in general better social conditions. Mary Parker Follet believed in the creativity of group processes. On the other hand she did not believe that division of labour was the right way to achieve optimised productivity unlike Fayols bureaucratic theories. Again, in comparison to strict lines of authority in bureaucratic management she believed that managers in an affective human relations organisation should not manipulate their subordinates. Instead, they should be trained to use their powers responsibility. She also argued against Fayols belief that there should be a clear hierarchy of authority by advising that it would be effective if leadership moves from person to person depending on the individual situation or who is best suited to the job. Unlike the principle of unity of command, Human relations theory allowed employees to work together and interact with managers giving their opinions and beliefs in order to optimise productivity. It also gives employees the satisfaction of knowing their opinions are valued. Elton Mayo elaborated on human relations management theory when he undertook the Hawthorne studies. He examined the social and psychological factors which affected performance. His studies concluded that physical conditions had a small impact on output and that it was social changes which impact productivity. These changed occurred because the teams were paid more attention to and their opinions mattered to managers. On the other hand, it concluded that financial initiatives helped increase productivity (similar to bureaucratic practises). The study later found that people performed less effectively because they began to practice specific social norms. In bureaucratic management employees have to behave in strict ways whereas human relations management theories found differing social behaviour. During the Hawthorne studies employees devised that they should behave in specific way and therefore those who did not abide by these social norms were classified as rate busters; who were people who tried to more in order to gain more, chisellers; employees who underperformer and squealers; who told tales to managers. Relevance Today Bureaucratic management has been proven to be very successful today. The Hilton hotel group are a relevant example because they have many outlets through-out the world. They must set out global standards and procedures in order for managers to run them it effectively. Included in these procedures is how staff is recruited and trained. Similarly rules and regulations set out in manual should be followed precisely, whether its how to treat their customers or how to run their accounts. On the other hand, bureaucratic management is not suitable for organisations which are prone to change. On the other hand, management control in bureaucratic management is very high because authority is clearly marked out, with managers being the imperative and employees must follow their orders. Human Relations Management is successful in some organisation today. Organisations that tend to benefit from Human Relations Management are call centres because employees tend to work in teams and have a closer interaction with their managers. However the influence on performance that Mayo discussed is much more complicated than assumed because by providing good supervision and adequate working conditions can increase satisfaction within the organisation but does not always mean it will increase productivity. Management control in an organisation which is adopts Human Relations management does have management control however it is less centralised. Employees are able to put across ideas and perspectives. Similarly, in some organisations the role of management can be shifted depending on who is best suited to the job. Overall, adopting theories of management in an organisation is very important because it can shape the way you run your business, but more importantly it can increase productivity and effectiveness by all who are involved in the organisation. Bureaucratic management is a system of management which is widely used today and more classical compare to human relations management. It is clear to see that there are differences between bureaucratic management and human relations management, the most obvious being that human relations management takes into consideration the social behaviours of employees whereas bureaucratic management concentrates more on hierarchy and strict division of labour.

Thursday, November 14, 2019

Dr. Jekyle And Mr. Hyde - Book Report Essay -- essays research papers

1. Name of Book? The name of the Book is Dr. Jekyll and Mr. Hyde. 2. Author of Book? The author is Robert Louis Stevenson. 3. Setting? The setting took place in London England in the year (1885 and 1886). 4. Identify the theme of your Book. According to the author every person has good and bad inside of him. There is a continuous battle between the two forces, when the bad force won Dr. Jekyll committed suicide which is a lesson for us to keep the good force always on the outside and inside of us to live in harmony and peacefully. 5. Story. This book is about a man called Dr. Henry Jekyll he is a rich man who lived in the city of London in 1885. He was a strange character, who was conducting experiments on him self by taking drugs and shifting into another character. He called this character Mr. Hyde thus living with two different personalities to an extent where he wrote a will leaving all his belongings to his other character in case he shifts to the other personality permanently. This confused his friend the lawyer Mr. Utterson who started investigating with common friends about the mystery of the will as Dr. Jekyll did not even introduce him to this unknown heir. At first Mr. Utterson discussed Dr. Jekyll's character with Mr. Enfield. Mr. Enfield told him about the most unusual story of a man who tripped over a little girl without realizing his fault and just stood there silently with out any reaction for his bad deed, while people gathered around to help the crying...

Monday, November 11, 2019

Crime Essay Outline Essay

Critically examine the methods used to measure crime in Australia. In your answer you should discuss the following: How are crime statistics collected, collated and used? What are the strengths and weaknesses of official statistics versus unofficial statistics and alternative methods? How might these weaknesses be overcome? Introduction: By measuring crime, accurate crime data can be used for access the effectiveness of public policies, including the measurement of crime trends and the evaluation of crime control initiatives (Weatherburn 2011). This essay will discuss how crime statistics be used in Australia, the variances between official and unofficial statistics and the solutions of the weaknesses of official statistic. The definitions of concepts: Official statistics- They are produced by government institutions such as police offence information systems and Australian Institute of Criminology. Unofficial statistics – They are produced by people and agencies that are not involved in the criminal justices system. The methods used to measure crime According to Addington (2010), the main sources of crime data are crimes report from police, victim surveys and self-report surveys. Police recorded crime statistic Easy to conduct Including information about the nature of the recorded crime, location, time, what weapons were used etc. (Weatherburn 2011). Regionally and nationally Reliable Police were trained under criminological background Police are experienced Victim surveys Measure the dark figure of crime Crimes reported to an interviewer by the victim Nationally Based on sample of address (Block, C. R., Block R. L. 1984) Six index offenses Rape, aggravated assault, robbery, burglary, larceny, and automobile theft (Decker 1977) Self-report surveys Rarely reported to police Examples are illegal drug use and tax evasion (Weatherburn 2011) The advantages Official statistics Administrative data such as data from state and Territory police forces, courts, hospitals, community services (Browyn 2004). Represent an official record of crime Up-to-date information (Browyn 2004). Can be used for comparative purposes and deduction of crime trend. The limitations Official statistics Not all crimes committed are detected Not all crimes committed are reported Attitudes about the potential effectiveness of police in handing matters (Browyn 2004). Who are involved in an incident (Browyn 2004). The possible implication for victims (Browyn 2004). Not all crimes reported to police are recorded Technical difficulties A lack of sufficiently precise definitions for the phenomena to be measured (Security Publique Quebec 1993). A lack of uniformity or rigour in administrative practices used to compile the date (Security Publique Quebec 1993). Statistics only reflect the visible face of crime and do not make it possible to measure all the crimes perpetrated (Security Publique Quebec 1993). Selective use of data The lag in reporting Solutions Ensure independence (UK statistics Authority 2010) Public confidence as a target A augment that statistics needed to be at heart of policy-making and performance management Reinforce supervision on media The media plays an important role in forming people’s views on official statists (UK statistics Authority 2010). ‘The misreporting and under –reporting apparently endemic in current statistic has led to their widespread devaluation’ (Skogan 1975) Prevent from abuse of official statistics Conclusion Official statistics are more credible but need to overcome their weaknesses. There are two possible options which are ensuring independence and reinforcing supervision on media can be considered as solutions in this paper. References: Block, Carolyn R. , Block, Richard L. (1984) ‘Crime definition, crime measurement, and Victim Surveys’, Journal of Social issues, Vol. 40, No.1, pp 137-160 Browyn, H. (2004) ‘measuring crime in Australia’, crime in the community, chapter 4, pp 64-78 Decker, Scott H. (1977) ‘Official crime rates and victim surveys: an empirical comparison’, Journal of Criminal Justice, Vol. 5, pp 47-54 Lynn A. Addington (2010) ‘Measuring Crime’, Oxford Available from Oxford Bibliographies [30 March 2014] Security Publique Quebec (1993) ‘Partners in Crime Prevention: For a Safer Quebec Report of the Task Force on crime prevention’ Skogan, W. G. (1975) ‘Measurement problems in official and survey crime rates’, Journal of Criminal Justice, Vol3, pp17-32 UK statistics Authority (2010) ‘Overcoming Barriers to Trust in: Crime Statistics: England and Wales’, Monitoring report 5 Weatherburn, D. (2011) ‘Uses and ab uses of crime statistics’ Crime and Justice Bulletin, no. 153