Advisory Memo: Employment Issues

Advisory Memo: Employment Issues Page 1

ADVISORY MEMO: EMPLOYMENT ISSUES

5

MEMO

To: Will N. Trust

From:

Date: November

Re: Reasonable Accommodation and Undue Hardship

We are currently conducting a review of our employee’s files Ned and we require examination to ensure that State of Estates is in compliance with Title VII laws. Ned was hired by our organization to fill the position of weekend supervisor. His position requires that he work morning shift on the weekends. During the interview process normally an applicant should disclose that fact that they need reasonable accommodation and the cause. However, he failed to disclose his religious practices as a “Weekend Warrior” prior to him hired.

The conflict arises within State of Estates because the supervisor are now required to find other managers to cover his shift, as well as, the cost associated with paying overtime. However, the duty to accommodate Ned only goes to the extent that it will not cause the company undue hardship. (Bennett-Alexander & Hartman, 2015). If the employer knew upon hiring this issue could have been resolved when he was hired. A feasible solution that would not disrupt the workplace would be having management constructed a revised scheduled for the days Ned will be off.

Ned falls under at will employee and either party may end the working relationship at any time as long as discrimination laws haven’t been violated (Bennett-Alexander & Hartman, 2015). For Ned to move forward with a claim of discrimination based on religion he would have to establish a Prima Face case proving on the following:

· He informed State of Estates on the conflict of scheduling

· He has sincere religious beliefs that conflict with requirements of the position

· He was terminated or written up for not complying with schedule start time of his position

Undue hardship can be can be recognize in this situation for the organization with regards to decreased profits, productivity and resources for the organization. Final review of our records reveal that our company has made every effort to reasonably accommodate the employees’ needs and Ned does not have grounds to file a claim against our organization. The supervisor once all alternatives have been exhaust the State of Estates has satisfied their obligations under Title VII and there would be no liability to the company (Bennett-Alexander & Hartman, 2015).

MEMO

To: Will N. Trust

From:

Date: November

Re: Qualification for protection under ADA

Ella has been employed for four years in our accounting department in our Northern Satellite Office. She does really well performing her duties but, as of recent she had been caught sleeping several different occasions. Ella reveal to her supervisor that she has disorder sleep apnea. She was forthcoming with a lot of material about her condition. Ella put in a request a special caffeine supplement, at $200 daily, to keep her focused on the spreadsheets (Alexander & Hartman, 2015). The Americans with Disabilities Act (ADA) of 1990 protects Ella from losing her job or being discriminated against. Therefore, it makes her is request is within the limitations of accommodating for the disorder (Alexander & Hartman, 2015).

If Ella were to file lawsuit against State of Estates she would have to prove the following: The pills are a requirement for her keep working and she has made her employer aware of her need for the special caffeine supplement. To be offer reasonable accommodation to Ella, it is recommended that the supplemental pills be given to her over a thirty day trial basis. Afterwards an evaluation to determine if the pills have helped; if not then it may necessary to schedule more breaks or other activities to keep her alert. It is important to take any steps to help her retain employment with our company.

If it comes to a situation where all options have been explored, it may be necessary to assess her employment status. State of Estates at this time may have a valid reason to legitimately terminate or to write her up. To prevent a disparate treatment case the organization must be able to demonstrate that Ella did not make her employer aware that she had sleep apnea give proper notification of her disability and that she need for the special accommodation of the caffeine supplements creates undue hardship on State of Estates. To prevent Undue Hardship State of Estates will also need to consider the cost to the company and investigate if they may be eligible to get tax deductions or credits to balance out the cost (Bennett- Alexander & Hartman, 2015).

References

Alexander, D., & Hartman, L. (2015). Employment Law for Business (8th ed.). New York, NY: McGraw Hill Education.

Research Notebook

Samuel Soto

English 221

Tatum

June 3, 2018

Research Diary

Over the years’]-use a comma here instead of an apostrophe people have struggled to make losing weight

as well as build up muscles through the use of Fad diets as well as high protein diets. Fad diets are used that people

use in order to lose dramatic loose weights without exercises.]-be careful not to rely on spell check; reading this

out loud will help catch those types of mistakes I am going to discuss the Fad diets, prescription drugs, diseases,

and disabilities as well as alternative remedies for control of body weight. ]-it’s best to avoid “announcing” the

thesis and instead just make a claim and that will speak for itself; you will then stay clear and concise since

it’s implied you will discuss it without having to state it

There are several types of fad diets that people mostly use including Atkins diet, South Beach diet. The

Atkins diet is the most famous low carb weight loss diet. In this diet you]- avoid using second person “you” or

“your” in academic writing; see below for more guidance on this topic are to take out most of your carbs and

only intake 20 carbs per day for the first few days. Then you are to only add in 5-grams which puts you in a

“critical c. arbohydrate levels” for losing weight and maintaining the loss. This has been very affective for many

people and is the most popular fad diet. Consider a new paragraph here since the focus shifts The second fad diet

that I researched is the South beach diet, this diet is very similar to the Atkins diet you can eat high protein diet and

low on carbs. According to health line it has been scientifically proven that a high protein diet is very effective in

weight loss, high protein diets that aim at losing fat and building muscles. They include meat and eggs. If one takes

much than what is required per day they are likely to gain more weight and even get more obese. The next is liquid

diets that out beneficial substances in the body and entail phytochemicals and plant vegetables (Park, 2009). These

chemicals are likely to cause a condition in depletion of the body immune system. Lastly, Broth fasts that include

taking of juices in order to lose weight, however, these juices do not promote long-term weight loss as the return to

the normal diet may result in weight gain.

Fad diets cut off major diets in the human body, therefore, cause problems such as dehydration, weakness,

and fatigue, nausea and headache, constipation as well as reduced vitamin and mineral intake. Intake of high protein

diets requires one to take a given amount of the food in a day and higher intake may cause problems such as kidney

and liver failure as they cause strain on the two organs (Park, 2009). Diets that are protein based]-hyphenate multi-

word descriptions lack specific calories, and will add fat to the patient. Moreover, a person using fad diets misses

on the protective health effects a normal balanced diet plan provides. Fads also only work on temporally temporary

weight loss, therefore, one may experience high weight gain after they stop using the diets. High protein diets

increase cholesterol in the body and consecutively affect the blood pressure levels. Diets that affect the intake of the

feed in the body affects the level of blood sugar in the body and as result cause diabetes. High intake of the high

protein diets also causes heart diseases and other chronic conditions.

Alternative remedies that can be used are hydroxycut is derived from caffeine and few plant extracts that

help in weight loss. It is offered as a supplement to the patient. Orlistat is a pharmaceutical drug sold over the

counter and prescribed as Xenical (Park, 2009). Raspberry ketone is derived from raspberries increases fat break

down through hormone adiponectin. Substitution is the healthiest way of weight loss, in an instance, one can replace

nut butter with almonds, they have mild fat and protein reducing incidences of obesity. Chicken breast can also be

used to substitute lean turkey this is since it has low in protein, therefore, reducing the level of calories in the body

(Zahra, 2014). Blueberries are also used in the place of apples as they promote cardiovascular health especially in

cases of obese people (Zahra, 2014). Regular exercising is also another method of losing weight as well as muscle

build up, however, must be accompanied by a balanced diet.

After my research, I have learned that there isare many fad diets and some can be helpful but over all a high

protein diet and a low carb is the most beneficial diet that a person can be on. I also learned that besides diets you

can also use alternative natural remedies that can be very beneficial. Note that paragraphs are normally 5-7

sentences, but at least 3 sentences long. Include a topic sentence, supporting sentence, and wrap-up/transition

sentence for body paragraphs, and a thesis statement for introductory paragraphs.

References

Park, K. (2009). Nutrition and health. Textbook of Preventive and Social Medicine. 20th ed. Jabalpur: Banarsidas

Bhanot, 562-4.

Zahra, B. (2014). 10 Alternatives for Healthy Weight-Loss Foods You Hate. Womens Health.

https://www.healthline.com/nutrition/8-fad-diets-that-work#section3

https://www.prevention.com/food-nutrition/a20513051/4-types-of-people-who-should-be-on-a-high-protein-diet/

https://www.cbsnews.com/news/best-diet-plans-for-2018-mediterranean-dash-diets/

These citations are incomplete, so be sure to familiarize yourself with CSE citing and the examples provided in the lessons

with other links for reference. Also note these are open web sources. Using the library for research materials is required,

so keep that in mind and don’t hesitate to reach out to the librarians with questions on navigating the databases

z

ENGL22 1

Assignmen t

Rubric

EXEMPLAR

Y LEVEL

ACCOMPLISHE

D LEVEL

DEVELOPIN

G LEVEL

BEGINNIN

G LEVEL

Points

Earned

Purpose and

Audience

(20 Points)

18-20: The

writing

engages the

reader with an

original

approach to

the subject. It

may

encompass

conflicting

ideas and

inspires the

reader to

contemplate

the

relationship of

complex ideas.

16-17: The

writing clearly

goes beyond

the minimum

requirements

of the

assignment. It

attempts to

engage the

reader through

originality and

presentation of

complex ideas.

14-15: The

writing meets

the minimum

requirements of

the assignment.

It offers insight into the subject through basic

logic and the presentation of

ideas based on some evidence.

13 or below:

The writing

fails to meet

the minimum

requirements

of the

assignment. It

offers little

insight into

the subject

and has

serious flaws

in logic and

omissions in

evidence.

18/

20

Thesis and

Support

(20 Points)

18-20: The writing has a

clearly articulated

original thesis and subordinate

ideas supported

by reliable and relevant evidence

based on original research. Main ideas are not lost

in surrounding supporting evidence.

16-17: The writing has a

clearly articulated

thesis supported by appropriate

evidence and

sound logic. Minor gaps in

logic and argument may appear. Main

ideas can be distinguished from supporting evidence with

some effort.

14-15: The writing has a

clear thesis and

related subordinate ideas

supported by

clear thinking and appropriate

evidence. Logical arguments may be one-sided or

incomplete.

13 or below: The writing may

need a more

clearly articulated thesis and/or

appropriate

related subordinat e

ideas. Fuzzy logic may be evident and adequate

supportin g evidence is lacking.

18/ 20

Organization

(20 Points)

18-20: The writing flows

smoothly and

logically from a well-defined

thesis. It contains all required sections as stated

in the instructions. The essay follows the organizational

method noted in the assignment details.

16-17: The writing is

organized

logically and flows well. One

section or requirement may be missing or

underdeveloped . The essay follows the

organizational

method noted in the assignment details.

14-15: The writing

demonstrates

rudimentary organization and

logical structure, but ideas may be more fully

developed and supported by more appropriate evidence. Two

sections or requirements may be missing

or underdevelope d.

The essay does

13 or below: The writing is

noticeably lacking

in organization. Multiple sections

or requirements are missing or underdevelope d.

Supporting evidence is clearly lacking. The essay does

not follow the organizational method noted in

the assignment details.

18/ 20

not clearly follow the

organizational method noted in the assignment

details.

Style

(10 Points)

10: The writing engages the

reader through

an original prose style appropriate

to the subject. Language is

precise. Sentences are

varied but not noticeably so. Active voice is

apparent. All quoted or paraphrase d material is

properly documented and cited in CSE

style. Quotations are integrated smoothly into the discussion.

8-9: The writing keeps the

reader’s attention

through a carefully crafted

prose style. Language chosen

is appropriate to the subject, but

may call

attention to itself in minor ways.

Most quoted and paraphrased material is properly

documented and cited in CSE style. Quotations

are integrated into the discussion.

6-7: The writing is clear but could

be expressed in a

style more appropriate to

the subject. It is jargon-free but

may require a more complete

explanation of some terms used. Sources

are documented and cited but need to show greater

consistency in use of CSE style. Quotations are

dropped into the discussion.

5 or below: The writing lacks

clarity and is

sometimes confusing. The

language chosen is not appropriate

to the subject nor the assignment.

Sources are overly quoted or paraphrased and

not adequately documented nor cited in CSE style. Quotations

appear out of place and/or are dropped into the

discussion.

8/1 0

Research

(10 Points)

10: The essay utilizes strong

and academic research (mainly peer- reviewed articles), and

these sources strengthen the

essay’s claim.

The essay

meets or

exceeds the

required

number of

sources, as

stated in the

assignment

details.

8-9: The essay utilizes academic

research (mainly peer- reviewed articles), and these sources

strengthen the

essay’s claim.

The essay

meets the

required

number of

sources, as

stated in the

assignment

details.

6-7: There is research within

the essay, but most of the sources are not peer- reviewed.

These sources do not serve to

strengthen the

essay’s claim.

Instead, the

research

serves as filler.

The essay does

not meet the

required

number of

sources, as

stated in the

assignment

details.

5 or below: The research is

lacking in the essay and/or is missing altogether. The

essay does not meet the

required number

of sources as stated in the assignment details.

6/1 0

Grammar and

Mechanics

(10 Points)

10: The writing

is free of

proofreading

errors. The

writing contains sentences that

are always

complete and grammaticall y

correct and free of confusion and ambiguity.

8-9: The

writing may

exhibit a few

minor errors in

proofreading,

but they do not

impair the flow of the reading. The writing contains sentences that

are complete or which imply unstated connections

and/or conclusion s.

6-7: The

writing could

benefit from

additional

proofreading,

as some errors

impede the

flow of the

reading. The

writing

contains some

grammatical

errors easily

corrected.

Additional

proofreading

would help

eliminate

errors.

5 or below:

The writing

exhibits

substantial

errors in

proofreading.

The writing is

confusing and

ambiguous due

to substantial

errors of

grammar and

syntax. There is

no evidence of

proofreading,

editing, or

rewriting.

6/1

0

Formatting

(10 Points)

10: Student provides a high-

caliber, formatted assignment in proper CSE style.

8-9: Assignment presents an

above-average use of formatting skills with few errors in CSE

style.

6-7: Appearance of final

assignment demonstrates the student's limited ability to use CSE

style formatting.

5 or below: Appearance of the final

assignment is distracting. The number of CSE style formatting

errors impedes easy reading.

6/1 0

Total: 80

Good start with strong effort, Sam. Your writing follows the main concepts covered such as one main idea per paragraph, clear and focused wording overall, and solid sources utilized for research support. There are some grammar errors that could be corrected, and the wording can be made more concise. The sources are adequate, but I recommend contacting the librarians for help with gathering the materials. Remember to use CSE for formatting. Please review the comments in the text and let me know if you have any questions or concerns.

A lot of students do not understand what it means to “avoid second person” or “stay in third person.” In academic writing, first person is “ok” in some assignments depending on context, second person should never be used, and third person is best.

Research Notebook 4

FIRST PERSON is "I." Some professors discourage it because academic writing should focus on the subject- not you. “I think that…” or “I feel that…” are weak, wordy and not very concise. “I” should only be used if writing a narrative assignment or opinion piece.

SECOND PERSON is "you." Using second person--or speaking directly to the reader (either calling the reader "you" or addressing the reader as if you are having a one-sided conversation)--is too casual and conversational for college-level writing. This is why English professors don't allow it.

Whenever you have a sentence construction with second person (and the easiest way to check is to do a word search for the words you and your after you've written a paper), you should revise by using third person instead.

THIRD PERSON is a specific noun or nouns or the pronouns "he, she, it" in the singular or "They" in the plural. There are several examples below to show you the difference between second and third person. Generally speaking, second person isn't just too casual. It's also sometimes an incorrect shift in voice or a vague word choice. See below. The italicized answers use second person. See how the other answers are more specific or accurate.

Which question below shows a grammatically incorrect shift from first person ("I") to second person ("you")?

a. "After reading the essay assigned for this week, I immediately agreed with the author was saying. You could tell from the beginning that he was talking about slacker students who try to bargain for good grades even when they haven't done the work." b. "After reading the essay assigned for this week, I immediately agreed with the author was saying. I could tell from the beginning that he was talking about slacker students who try to bargain for good grades even when they haven't done the work."

Which sentence uses the second person?

a. Life is like a box of chocolates. People never know what they're going to get.

b. Life is like a box of chocolates. You never know what you're going to get.

Which of the following sentences uses the second person?

a) Although I know I shouldn't cheat on my diet, sometimes you just have to! b) Although I know I shouldn't cheat on my diet, sometimes I just have to!

If you have any further questions about second person, please let me know.

Research Notebook 4

Resources: Employment Law for Business, Ch. 2, 11, & 13

As a first-year Human Resource Specialist at "State of Estates" estate planning firm, your boss (Will N. Trusts) presents you with the following two scenarios:

Scenario 1

Ned was hired six weeks ago by "State of Estates" to supervise the call center on weekends. At the time of hire, Ned did not disclose that he is a follower of the "Weekend Warriors" religion. In observance of his religious practices, Ned may not work Saturday mornings before noon. Ned called out of work three Saturday mornings in a row, costing the company extra overtime costs. The company looked to re-arrange the schedule, but to pull in a more senior supervisor on the weekend would require time-and-a-half pay. In addition, call-center statistics indicate a drop in productivity when there is a change of supervisor mid-day. The company would like to terminate Ned's employment.

· Would Ned have an argument for religious discrimination against "State of Estates?"  Why or why not?

· If yes, would the company be able to assert any defenses under these circumstances?

Scenario 2

Ella works in the accounting department in the northern satellite office of the company. She has been employed for four years, and performed her job well until recently, when she was caught sleeping on the job numerous times. Ella explained to her supervisor that she suffers from sleep apnea and has not been sleeping well at night. She requested a special caffeine supplement, at $200 daily, to keep her focused on the spreadsheets. 

· What factors would a court consider in determining whether Ella's sleep apnea qualifies her for protection under the ADA?

· Would "State of Estates" have to provide the requested accommodation of the caffeine pills in this instance?  Why or why not?

Create two 350-word (maximum length) memos in one document based on these two scenarios.

Format your memos, including citations and references consistent with APA guidelines.

Bobby Dean Nickel V. Staples

Bobby Dean Nickel, 64 was hired by Corporate Express in August of 2002 as a facilities manager. In 2008 Staples Contract and Staples Inc. acquired Corporate Express. Over the next nine years Nikels was a exemplary employee who received stellar reviews during his time with the company. The way that Corporate Express pay scale worked he received higher wages than that of a Staples employee. Because of this his supervisor prompted him to resign from his position. When he refused, he underwent a series of false accusations and increasing levels of harassment from co- workers and a manager, including being suspended for taking a bell pepper worth 68 cents from the company cafeteria (City News Service, 2017). Nickel’s was a regular butt of jokes at staff meetings and was referred to as “old coot” and “old goat. A receptionist also told Nickel she was ordered by management to provide a false statement about Nickel’s conduct but she refused to do so, according to the lawsuit. Nickel was fired July 29, 2011. His lawyer, Carney Shegerian, said it represents the largest verdict of its kind in county history, topping another in which he won $21.6 million for another client (City News Service, 2017)..

1

Achim Beck V. CIBC

Achim Beck, an investment banker sued his former employer Canadian Imperial Bank of Commerce because the company wanted a "younger" person to do his job. He was replaced by 38-year-old. The employment tribunal found that the bank,, had been unfair in how they had treated Mr Beck, ruling they had used a fake redundancy process to replace the banker with someone younger (Wallop,2017). While it appeared his position was being made redundant as part of a restructuring, the tribunal found that the company was in the processes of hiring head hunters "seeking [a] younger, more entrepreneurial profile", according to an internal memo (Wallop,2017). During the tribunal an executive of the bank was asked to explain what "younger" in the memo meant and he replied that it meant less experienced "as opposed to older and staid“(Wallop,2017). The judges at the employment tribunal accepted that CIBC did consider hiring many workers in their forties or older when they sought a replacement for Mr. Beck, but the company failed to adequately prove that age was not a factor in his dismissal. The courts have yet to decide what damages he should receive but it is understood it could be hundreds of thousands of pounds, after an employment tribunal ruled he had been unfairly dismissed and that his age had played a part.

2

Peter Baker V. National Air Traffic Service

Peter Baker, 51 applied to NATS for a trainee air traffic controller position but was automatically rejected because of his age. Mr. Baker had aviation experience including a civil pilot's license, but he lacked the funds to become a fully qualified commercial pilot. He therefore wanted to become an air traffic controller. "NATS controllers must be capable of operating to our exacting standards in some of the world's busiest and most complex environments (Savill, 2017). The service told the tribunal in London that its age limit was based on concerns about safety, possible declines in performance related to age, and the cost of training, which it put at about £600,000 per trainee (Savill, 2017). However, the tribunal ruled that the age bar was irrational and arbitrary, and as such was direct age discrimination.

3

References

Bennett-Alexander, D. D., & Hartman, L. P. (2014). Employment Law for Business (8th ed.). Retrieved from https://phoenix.vitalsource.com/#/books/1259755428.

City News Service. (2017). 66-year-old man awarded $26 million in age discrimination lawsuit against Staples. Retrieved from http:// www.dailynews.com/general-news/20140227/66-year-old-man-awarded-26-million-in-age-discrimination-lawsuit-against-staple

Savill, R. (2017). Air traffic control service NATs found guilty of age discrimination. Retrieved from http:// www.telegraph.co.uk/news/uknews/4862480/Air-traffic-control-service-NATs-found-guilty-of-age-discrimination.html

SCHACHTER, H. L. (2013). CONSTRUCTING AGE THROUGH BONA FIDE OCCUPATIONAL QUALIFICATIONS: DE JURE DISCRIMINATION'S LAST STAND?. Public Administration Quarterly, 37(3), 374-393.

Wallop, H. (2017). 42-year old wins age discrimination case. Retrieved from http://www.telegraph.co.uk/news/uknews/6906484/42-year-old-wins-age-discrimination-case.html

 

4

Case One

Reference Page Entry

U.S. Equal Employment Opportunity Commission (03/31/17). Retrieved from https://www.eeoc.gov/eeoc/newsroom/release/3-31-17.cfm

In-Text Citation

1. Insert the paraphrased material ("U.S. Equal Employment Opportunity Commission", 03/31/17).

2. The "U.S. Equal Employment Opportunity Commission" (03/31/17) website Insert the paraphrased material.

3. According to "U.S. Equal Employment Opportunity Commission"(03/31/17),  "Insert the quotation” (Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit).

Case Two

Reference Page Entry

Sterling Attorneys at Law (June 22nd, 2017). Retrieved from https://www.sterlingattorneys.com/blog/2017/06/jury-awards-more-than-800000-in-age-discrimination-case.shtml

In-Text Citation

1. Insert the paraphrased material ("Sterling Attorneys At Law", June 22nd, 2017).

2. The "Sterling Attorneys At Law" (June 22nd, 2017) website Insert the paraphrased material.

3. According to "Sterling Attorneys At Law"(June 22nd, 2017),”Insert the quotation” (Jury awards more than $800,000 in age-discrimination case).

Case Three

Reference Page Entry

 City News Service. (February 27th, 2014). Los Angeles Daily News. Retrieved from https://www.dailynews.com/2014/02/27/66-year-old-man-awarded-26-million-in-age-discrimination-lawsuit-against-staples/

In-Text Citation

1. Insert the paraphrased material (City News Service, February 27th, 2014).

2. The City News Service (February 27th, 2014) website Insert the paraphrased material.

3. According to City News Service (February 27th, 2014),”Insert the quotation” (66-year-old man awarded $26 million in age discrimination lawsuit against Staples).

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