Advisory Memo: Employment Issues
Advisory Memo: Employment Issues Page 1
ADVISORY MEMO: EMPLOYMENT ISSUES |
5
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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
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)..
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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.
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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
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