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Memo: Constructive Discharge under Title VII of the Civil ights Act of 1964
Chief Executive Officer
Company Executive and Board of Staff
esponse to the accusation of Constructive discharge filed against this company
I am writing this Memorandum to advise your office on the way forward in relation to the issue of constructive discharge filed against this company. As you know, an employee of this company has claimed that the recent changes in work-shifts schedule have been structured purposely to constrain their religious practices. In fact, the employee has filed legal charges grounding this company in a greater risk of contravening Title VII of the Civil ights Act of 1964. This memo provides a clear and resounding response on what is to be done to contain this situation. The memo will prove how this company could have violated the law by constrain employee religious rights (holy day). Secondly,…
Cathy, B. (2010). The Employment Litigation Handbook. New York: American Bar Association.
Berger, B. (Oct 14th, 2001). Constructive discharge' a hard case to prove. Retrieved February
18th 2014 from http://www.bizjournals.com/denver/stories/2001/10/15/smallb4.html?page=all
Bradley Arant BC. (July 1st, 2004). Supreme Court Clarifies Constructive Discharge in Title VII
Constructive Charge Case
A CASE OF RELIGIOUS DISCRIMINATION?
Mr. Charles Wright, Chief Executive Officer (date)
From: Mr. Terence North, Manager, Elementary Toy Division
Re: Employee Constructive Discharge Claim
Our legal counsel, Atty. Edison Hawks, today informed the undersigned in writing that a former employee, Mr. Alfred Peterson, had filed a claim of constructive discharge against the company. Mr. Peterson resigned last week from his post at our Production Department when our new policy on shift work became effective. He based his complaint on the provisions of Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination against religion. Mr. Peterson alleges that the enforcement of the new policy on shift work is discriminatory in that it requires employees to work on Sundays, which his religion observes as a holy day. Prior to this new policy, production employees worked from Mondays to Fridays only. Attached is…
Business Laws (2013). The civil rights act of 1964. Business Laws.com. Retrieved on February 18, 2014 from http://business.laws.com/sexual-harassment/civil-rights-act-of-1964
EEOC (2014). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity
Commission: U.S. Equal Employment Opportunity Commission. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/statutes/titlevi.cfm
-. Religious discrimination. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/types/religion.cfm
Constructive discharge materializes when an employee's only option is to quit their place of employment due to the employer making working conditions unbearable. In the scenario with the religious employee, the employee made it clear that he/she cannot work on a holy day due to his/her religious principles that are guarded under Title VII of the Civil ights Act of 1964. This mandatory shift forced on the employee created an unbearable condition in his/her workplace. Unbearable conditions may consist of: discrimination, harassment, or getting an undesirable modification in reimbursement or work for aims that are not professional.
Because the work shifts fell on days of religious observance for the employee and the company did not yield in providing an alternative shift, schedule, or option for the employee, he/she was faced with diminished work or to leave the job and quit thus creating an unbearable work condition. While employees who willingly…
American Law Institute-American Bar Association Committee on Continuing Professional Education (1988). Advanced employment law and litigation: ALI-ABA course of study materials. Philadelphia, Pa. (4025 Chestnut St.: American Law Institute-American Bar Association, Committee on Continuing Professional Education.
FindLaw (2003, January 24). GOLDMEIER v. ALLSTATE INSURANCE COMPANY, No. 01-3888., July 24, 2003 - U.S. 6th Circuit | FindLaw. Retrieved from http://caselaw.findlaw.com/us-6th-circuit/1483827.html
Labor & Employment Law Practice Group (2007, November 5). SIXTH CIRCUIT COURT DENIES EMPLOYEE'S RELIGIOUS ACCOMODATION AND DISCRIMINATION CLAIMS. Retrieved from http://www.plunkettcooney.com/publications-145.pdf
Lawson v. State of Washington (2002, April 10). Liebert Cassidy Whitmore | Court Concludes There Was No Constructive Discharge Due to Religious Beliefs. Retrieved from http://www.lcwlegal.com/64942
Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…
Works Cited List
American Psychological Association "Harris v. Forklift Inc." 2011.
Accessed 3 December 2011.
< www.apa.org > About APA > Directorates and Programs>
Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011
Question Presented / Issue Statement
Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service (U.S.P.S.) and Jim Bonilla, egional Supervisor of the U.S.P.S., on their motion to dismiss appellant's complaint for failure to exhaust administrative remedies in appellant's lawsuit for gender discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil ights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). The questions presented in that case was whether appellant provided sufficient facts to warrant tolling her claim under a theory of equitable estoppel or whether the Court should refuse to hear her claims because they were filed after the applicable tolling period. Specifically, these questions are:
Does the time limitation outlined in 29 C.F.. § 1614.105(a)(1) prevent Ms.…
Resources professional, Lehr, was very negative about the possibility of a favorable outcome for appellant. She repeatedly informed appellant that appellee Bonilla was well-liked by the people at the company and actively encouraged appellant to drop her complaint against appellee Bonilla. Moreover, Lehr was involved in a romantic relationship with appellee Bonilla, which was known to the appellant during the time of the investigation.
While it may seem egregious that appellee U.S.P.S. would allow a human resources professional who was engaged in a romantic relationship with an employee to conduct an investigation into that employee's behavior, the egregious nature of those allegations actually works against appellant's claim of equitable estoppel. If appellee Bonilla had engaged in a secret affair with Lehr, which appellant only uncovered after the limitations period had expired, then estoppel might apply to him. If appellee U.S.P.S. had been aware of the affair, but hidden it from appellant, then estoppel might apply to it. On the contrary, appellant's own allegations suggest that the romantic relationship between Lehr and appellee Bonilla was known during the course of the investigation. Therefore, the Court has to look at whether a reasonable person, under those same circumstances, would have believed that an investigation into appellee Bonilla would have resulted in a favorable outcome for appellant. Clearly, a reasonable person would have had, at the very least, grave misgivings about the outcome of such an investigation and would not have relied upon the fact that an investigation was occurring to prevent her from filing a discrimination claim.
The only other possible source of an estoppel claim is the fact that appellant met with a counselor who failed to file her employment discrimination claim against appellees. Perhaps the facts support a filing of a discrimination claim and the counselor's behavior was inappropriate. Moreover, it is possible that appellant believed that her discussion with the counselor would lead to a claim being filed within the statutory period, although her decision to delay speaking with a counselor until the statutory period had almost expired seems as if she was not protecting her rights. However, the question is whether the appellees engaged in behavior that would have prevented her from filing her claim. Even if the counselor's behavior kept appellant from filing a private lawsuit, there is no reason to believe that appellees were, in any way responsible for the counselor's behavior. They cannot be equitably estopped from bringing a statute of limitations defense by the behavior of a third party who was not under their control.
When examining equitable estoppel, it is also appropriate to look at laches. Laches is the "negligent and unintentional failure to protect one's rights." Elvis Presley Enter., v. Elvisly Yours, Inc., 936 F.2d 889, 894 (6th Cir. 1991). Laches has two elements. First, there must be an unreasonable delay in asserting one's rights and second, there must be prejudice to the defending parties. EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436, 437 (6th Cir. 2006). The Court has specifically held that employers can use a laches defense when faced with discrimination claims; "in addition to other equitable defenses, therefore, an employer may raise a laches defense, which bars a plaintiff from maintaining a suit if he unreasonably delays in filing a suit and as a result harms the defendant." National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 121-122.
Appellant would like to characterize her request for equitable estoppel in such a way that it appears that she is barred by just a few days from bringing her discrimination claim. In some ways this is true, but she also wants to allege a systemic pattern of discriminatory behavior by appellee Bonilla that goes back for years of employment. She failed to file her claim, either as a lawsuit or with the EEOC during that extended period of harassment. Moreover, she acknowledges that she was only transferred to appellee Bonilla's supervision after an unfavorable review when she was in another position. It certainly appears that her employment behavior for several years would be at issue in the lawsuit and that appellees would need to be able to provide substantiation of their claims about her behavior, particularly claims made in her employment evaluations, as part of their defense. The time delay in bringing suit would make this much more difficult for appellees.
It is imperative to appreciate the fact that the Drake and Keeler's employer meets all workplace standards for coverage as stipulated under LMRA. The article states elements of constructive discharge, layoff, discipline, suspension, non-recall from layoff, demote, or adverse actions taken against employees. This is because of the protection awarded to the concerted activities. Damages in a notice lieu include Salary as well as other forms of remuneration that employees receive at reasonable opinions. The elements include commissions, profit shares, bonuses, benefits and loss to employee pension benefits due to loss of contributions to the pension scheme. Constructive dismissal is implemented when changes to the employment relationship between two parties are viable.
The coverage of the law includes engagement off in interstate commerce activities coupled with specific employee rights. Requiring reasonable termination notice does not have the unique composure to existing employment contracts. The implication is…
Estreicher, Samuel. Global Labor and Employment Law for the Practicing Lawyer. New York: Kluwer Law International, 2010. Print
Forsyth, Anthony, and Stewart, Andrew. Fair Work: The New Workplace Laws and the Work Choices. New York: Legacy Federation Press, 2009. Print
Wright, John. Unfair Dismissal Law Fourth Edition. New York: Lulu.com, 2014. Print
Employee Drug Testing
Is it Ethical or an Invasion of Privacy?
Last Christmas, I took a part-time job as a cashier in a retail store. On the same day that I was hired, the manager informed me that I would have to submit to a drug test. Since I'm drug free, I had no problem with this. I asked him where I needed to go to complete the test and he proudly informed me that all of the drug screens were done right there on site. I was a little surprised by this, afterall it was a store -- not a lab -- but I didn't really let it throw me that much. The manager then reached into his desk and handed me a large plastic cup that was sealed in a plastic bag. I was starting to get a little uncomfortable at this point.
Here you go." He said,…
Castro, Janice, et al. (1986, March). Battling the Enemy Within:
Clarke, Allison (1998, November 19). Law: Randomly Testing Time. Independent, 16.
Companies Fight to Drive Illegal Drugs out of Workplace.
Drug, Alcohol Tests at Work Ruled Acceptable. (2002, July 22). The Toronto Star
Human Resources -- Employee Separation Policies and Procedures
Employee separation is an inevitable aspect of the business world. Careful consideration of the company's core values, stakeholders, legal requirements and financial well-being are all taken into account when preparing a Separation Policy. By establishing and implementing procedures, some of which are followed even before an employee is hired, the company can accomplish employee separation with a minimum of financial, legal and morale risk.
Separation Policy ith Specific Procedures
A Separation Policy must be well-planned and effectively communicated to avoid some common pitfalls of employee separation. Most employees, absent a collective bargaining agreement, are "at will" employees (Zachary, 2008). However, employees still sue under several theories. To avoid successful suits by former employees, the company must take care to treat different categories of employees the same to avoid successful discrimination suits; terminate the employee only for lawful reasons to avoid successful wrongful…
Anonymous. (2006, February). Employee terminations. Retrieved February 16, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/200653775
Anonymous. (n.d.). Chapter 6: Managing employee separations, sownsizing and outplacement. Retrieved February 16, 2014 from docs.google.com Web site: https://docs.google.com/viewer?a=v&q=cache:lsOQaq7S5oIJ:classes.bus.oregonstate.edu/fall-06/ba453/Neubaum/Chapter6%2520post.ppt+voluntary+and+involuntary+employee+benefits+poerpoint&hl=en&gl=us&pid=bl&srcid=ADGEESiKGVYjQJcvtL-X7Hylxg7R1spJO6fS52Tc-gb-cuYA
Shanoff, B. (2006, April). Termination headaches. Retrieved February 16, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/219265004
Van Bogaert, D., & Gross-Schaefer, A. (2005, Summer). Terminating the employee-employer relationship: Ethical and legal challenges. Retrieved February 16, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/194226698
Discharged for Facebook Comments
The National Labor elation Board (NLB) has protected the right of free speech of employees posting messages on social media so long as that speech is limited to discussions about "wages and working conditions ... in an effort to improve them" (Kasle). In so far as Nelson's comments on Facebook regarding her supervisor were not constructive in the sense of advocating an improved workplace environment, they are not protected by NLB's law. Thus, Nelson's employer did have the right to terminate her employment.
When does an employer have a legal right to discipline or discharge an employee for comments the employee makes about the company? It is a controversial question. Free speech advocates might suggest that all speech is protected. However, business advocates suggest that corporations and companies have a right to protect themselves. In this context, NLB has stipulated that all criticism of employers must…
"Discipline and Workplace Rights." AFSCME. 13 Nov 2009. Web.
Kasle, Whitney. "When Can You Legally Terminate an Employee Because of a Misstep
on Social Media?" New Brand. 28 Jan 2014. Web.
Sussman, Jessica. "Are there any circumstances under which it is unlawful to discipline an employee for posting negative comments on Facebook or another social networking site?" XPertHR. 2015. Web.
Title insurance covers both the buyer and the mortgage company from a number of defects in title. The many benefits of title insurance includes better protection than a lawyer's opinion, at a similar price, piece of mind, and protection from unforseen claims on title. However, title insurance can have some disadvantages, including a slightly higher cost than a lawyer's opinion. Title insurance enables constructive notice, and is useful to reduce workload and liability in a legal environment.
Title Insurance is simply an insurance product like many others. In the simplest possible terms, the insured pays money (a premium) to an insurance company in exchange for an insurance policy that quarantines that the insured has a valid, marketable title to the insured property.
Title insurance does not absolve the insured (or at least the insured's layers) from needing to conduct a number of title searches, as specified by the insurer. However,…
California Land Title Association.
Bulletin 03/04-26, September 2, 2003. CLTA News
Express. 21 http://www.clta.org/News/NewsExpress/bull0304-26_LatestLegalDevelopments.htm
Eyton-Jones, Charles. How we work - Questions and Answers. 21 November 2003. http://www.my14law.com/howwework.html
The victims of crimes are very important in the operation of the criminal justice system; this is because they are the ones who can lead the police to the offender. However, after the victim reports incidents to the police, provide vital information for the investigation and cooperate with the persecution of the offender and appearing in court when required, the criminal serves his time and the victim goes on with his life. Most may question the justice in this. According to the Victims of Crime Act 1994, the victims of crime are given better treatment during proceedings and are more informed and involved. Victims are treated with sympathy in a constructive and reassuring manner, and the victim (if the crime is violent) should be protected at all times. This may seem that the victim is well taken care of, and that the victim is in no way neglected, however it…
Carrabine, E., Iganski, P., Lee, M., Plummer, K., & South, N. (2004). Criminology: a social introduction. New York: Routledge.
Lanier, M.M, & Henry, S. (1998). Essential criminology. Bould Cohn, E.G., Farrington, D.P., & Wright, R.A. (1998). Evaluating criminology and criminal justice. Westport, CT: Greenwood Press.
er, CO: Westview Press.
Turner, M. (2008). Juvenile delinquency: causes and control, 2nd ed. Australian and New Zealand Journal of Criminology, 39(3).
A strongly disciplined person is one who demonstrates that he can control himself. Discipline is always goal-oriented, therefore we understand that having the capacity to be extremely disciplined denotes the existence of a strong will oriented towards a specific purpose. The Montessori Method aims to teach the child how to move (dynamism) and the scene for which he is prepared is not school, but life itself. The discipline that he is stimulated to learn is therefore one which applies to the overall social environment.
In order to make sure that the child will grow up disciplined and with respect for the others and the social environment, he must be taught the difference between good and evil. In addition, Montessori stresses that the teacher must make sure "the child does not confound good with immobility and evil with activity, as often happens in the case of the old-time discipline. And all…
Discipline- Merriam Webster Dictionary online, Retrieved from http://www.merriam-webster.com/netdict/discipline?show=0&t=1285512501
Discipline- definition, Retrieved from http://www.lexic.us/definition-of/discipline
Discipline-definition, Retrieved from http://dictionary.reference.com/browse/discipline
Montessori, M.(Everett George, A. translator) (1912) The Montessori method. NY: Frederick A. Stokes, Retrieved from http://digital.library.upenn.edu/women/montessori/method/method.html#V
HM Challenges in Today's Organizations
All organizations require employees to make them a success and this function is considered as important as finance, machinery and land for running the organization successfully. The important point to note here is that individuals all have different temperaments and working methods, and some people in the organization are responsible for making them all work together. This is the job of the human resources department which is otherwise known as the personnel department. If an organization is not staffed correctly then it ends up loosing the economy of scale that it should have got also the maximum possible customers and profits.
On the other hand, if there are too many people then there is a lot of financial liability if they are retained, and when they are laid off, there are financial implications from redundancy payments. If the organization cannot do manage its own staff…
Accounting Technicians in 2001. Retrieved from www.aat.co.uk/docs/employers/hays_employer_research.pdf Accessed on 27 July, 2005
Brewster, Chris; Mayrhofer, Wolfgang; Morley, Michael. New Challenges for European Human
Resource Management. MacMillan, 2000. Retrieved from " http://www.questia.com/PM.qst?a=o& ; d=101941797 Accessed on 27 July, 2005
Brewster, Chris; Harris, Hilary. International HRM. Routledge. 1999. Retrieved from "
Human esources Management is basically something that encompasses various activities in an office environment, some of them being: what sort of employees does a company need, what are the best methods to recruit as well as train these personnel, making sure that the performance levels of these people is at its optimum best, and also making sure that the rules regarding management issues are followed to the letter by the employees. Some other issues are those of employee compensation, employee benefits, and so on.
The first step in a human resources management policy is that of 'ecruitment' of the company's employees.
In order to prepare an Advertisement for the purpose of recruitment, certain guidelines must be followed. These are: there must be included, in the advertisement, a complete job description. This must state the 'job title' or 'rank' or 'position'. This means that the person who is interested will…
Corrective Action: Professional and Support Staff. March 1, 2002. Retrieved From
http://atyourservice.ucop.edu/employees/policies/staff_policies/spp62.html Accessed on 5 November, 2004
Employee Conduct, Disciplinary Discharge Guidelines. Retrieved From
http://www.rpi.edu/dept/hr/policy/empconductguide.html Accessed on 5 November, 2004
With the public pressure in the right places, regulations of application and procedures can be developed for precise procedures (Vosse 1996).
roadbent (1996) writes that the ecological consequences, from construction to removal of merchandise that are dangerous and poisonous ought to be considered in the rules. Elements ought to be assessed depending on the altitude of peril, and where prudent substitutes have become obtainable, limitations will be forced. Rules for responsibility and costs for impairments ought to complement the principles, to endorse better precision and prudence, chiefly in the administration of dangerous discard and corrective measures for fear of pollution of the land and water. This can only take place when the people join hands and collectively pressurize the government to replace existing laws with laws that support the abovementioned processes (roadbent, 1996).
Although dictatorial procedures continue to be vital for the efficiency of the strategy, social organizations…
Broadbent, J. (1998). Environmental Politics in Japan, Cambridge, Cambridge University Press.
Barrett, Brendan F.D., and Riki Therival. (1991). Environmental Policy and Impact Assessment in Japan New York: Routledge. Reviewed in the Journal of Asian Studies (JAS) 51.1: 164-164.
Fujitsu group. (2005). Fujitsu group sustainability report.
Furuoka, F. And Oishi, M. (2005) Developmentalism and Ecosystem Conservation: What Can Be Learnt from Japan's Experience? Paper presented at the Third BBEC International Conference 2005, Kota Kinabalu, Sabah, Malaysia.
Dugan: Should be on its own page.
Juvenile recidivism is a prevalent problem in the criminal justice system. Tackling reoffending remains a complex task requiring several strategies and aims. It involves research, acknowledgement of causes, factors, exploration, and evaluation of subgroups to generate long-term, positive changes in the lives of juvenile offenders. From gang violence to Interactive, Constructive, Active, and Passive (ICAP), researchers discover some of the reasons why juveniles reoffend and the kinds of intervention methods that may help or worsen the problem of juvenile recidivism. Intervention philosophies like surveillance, discipline, close monitoring may increase recidivism rates. estorative programs, counseling, skill building programs, as well as multiple coordinated services decrease recidivism rates. Comment by Max Dugan: I would put evaluation at the end of the list vs. first. Comment by Max Dugan: Need to spell out all acronyms before using in APA format.
Juvenile offenders and reoffenders are…
Aalsma, M., White, L., Lau, K., Perkins, A., Monahan, P., & Grisso, T. (2015). Behavioral Health Care Needs, Detention-Based Care, and Criminal Recidivism at Community Reentry From Juvenile Detention: A Multisite Survival Curve Analysis. American Journal Of Public Health, 105(7), 1372-1378. http://dx.doi.org/10.2105/ajph.2014.302529
Baglivio, M. & Jackowski, K. (2012). Examining the Validity of a Juvenile Offending Risk Assessment Instrument Across Gender and Race/Ethnicity. Youth Violence And Juvenile Justice, 11(1), 26-43. http://dx.doi.org/10.1177/1541204012440107
Baglivio, M., Wolff, K., Piquero, A., & Epps, N. (2015). The Relationship between Adverse Childhood Experiences (ACE) and Juvenile Offending Trajectories in a Juvenile Offender Sample. Journal Of Criminal Justice, 43(3), 229-241. http://dx.doi.org/10.1016/j.jcrimjus.2015.04.012
Bates, K. & Swan, R. (2013). Juvenile delinquency in a diverse society (1st ed.). SAGE Publications.
The variability in problems faced by the King Edward Hospital NHS Trust during the period in question, instigated a multi-level response in knowledge sharing and inclusion on practice. Kotter's theory relies upon such a method, where strategies are an exercise multi-tiered obligation.
As Kotter points out, the transformation model may not be suitable for organizations that are in pursuit of prompt change, and the series of responsibilities which result from consortium relationships may apply to one or all organizations within the scope of his definition of institutional cultures: 1) Developing Social Construct; 2) Oriented Social Construct; 3) and Pluralistic Social Construct types. Evidence-based practice in healthcare is compatible with Kotter's proposition. Process methodology including the '8-Steps' process in three (3) phases -- 1) Creating Climate for Change, 2) Engaging and Enabling the Organisation, and 3) Implementing and Sustaining the Change -- is illustrated in Figure 1.
Abidi, S.S., 2001. Knowledge management in healthcare: towards 'knowledge-driven' decision-support services. International Journal of Medical Informatics, 63 (1-2), pp. 5-18.
Abidi, .S.S. et al., 2009. Knowledge sharing for pediatric pain management via a Web 2.0 framework. Studies in Health Technology and Informatics, 150, pp. 287-91.
Abidi, S.S. et al., 2004. Knowledge management in pediatric pain: mapping online expert discussions to medical literature. Studies in Health Technology and Informatics, 107 (Pt 1), pp. 3-7.
Austin, M.J., 2008. Knowledge management: implications for human service organizations. Journal of Evidence-Based Social Work, 5 (1-2), pp. 361-89.
In the GEOMA methodology, carbon dioxide displaces methane within the water lattice which reforms into a more stable state than was present with the methane. While this new technology is still in development, it is very promising (Traufetter, 2007). ecent advances by researchers from Japan, China, India, Canada, Australia, and the United States could result in commercial exploitation of Methane gas within the decade.
Natural gas recovery techniques have come a long way since that first primitive well in Fredonia. Now, a complex and sophisticated process brings natural gas from the field to your home. Exploration for new sources of natural gas has become a highly evolved science. Geologists study the physical structure of a potential site. The scientists can use seismology and magnetometers to develop three dimensional models of the earth using computer programs designed for that purpose. These models allow the geologists to narrow down specific areas that…
Cohesive Narrative Using a Fictional or eal Character to Build Story
Nineteen-year-old obert was a perfectly 'normal' child for the majority of his life; he anticipated zoo outings with his mother and he was a part of his school's swim team. With three older siblings, obert was the youngest in the family, and was good friends with his high school classmates. He enjoyed French and art classes. He never faced any problems with alcohol or drugs; he neither drank nor smoked pot, or anything of that sort. But his girlfriend was a different case entirely. Addicted to heroin, obert's girlfriend tempted him to have a go at it; unfortunately however, obert didn't resist. She injected him with heroin in 2009. obert later began to find himself craving the drug, and before long, he became a quasi-addict as well, consuming the drug once every two weeks.
It is said that 'peer…
Adventist Healthcare. (n.d.). Partial Hospital Program. Retrieved April 24, 2015, from http://www.adventisthealthcare.com/locations/adventist-behavioral-health/services/partial-hospital-program/
Donovan, J.E. (2004). Adolescent Alcohol Initiation: A Review of Psychosocial Risk Factors. Journal of Adolescent Health, 35(6), 529.
Louise. (n.d.). Outpatient Substance Abuse Treatment. Retrieved April 24, 2015, from http://recovergateway.org/drug-treatment/substance-abuse-treatment/outpatient/
National Crime Prevention Centre (2009). School-based Drug Abuse Prevention: Promising and Successful Programs
S., experts estimate the genuine number of incidents of abuse and neglect ranges three times higher than reported. (National Child Abuse Statistics, 2006) in light of these critical contemporary concerns for youth, this researcher chose to document the application of Object elation, Attachment Theories, and Self-Psychology to clinical practice, specifically focusing on a patient who experienced abuse when a child. Consequently, this researcher contends this clinical case study dissertation proves to be vital venture, which will contribute to enhancing research in the field of psychology.
For this clinical case study dissertation exploring Object elation, Attachment Theories, and Self-Psychology, along with researching information for the application of these theories to clinical practice, this researcher answered the following research questions.
What is Winnicott's elational Model Theory?
What is Bowlby's Attachment Theory?
What is Kohut's Self-Psychology?
How may components of these three theories be applied to the clinical case chosen for…
American Psychiatric Association, (2004). Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Test Revised. Washington DC.
Blatt, S. (1974). Levels of object representation in anaclytic and introjective depression. New York: International University Press.
Bowlby, J. (1969) Attachment. Volume One of Attachment and Loss, New York: Basic
The utilization plan can make all of these things more accountable towards the management on how they perform their day-to-day tasks and duties resulting in much more efficient and better services provided to the patients.
The plan also helps in resolving and managing different issues such as human resources, departmental safety, risk management and so on. It is also responsible for all aspects of the staff management which includes issues such as personnel training, hiring, performance reviews as well as terminations integrated in broader medical center's overall utilization management initiatives. This also helps the upper level management in doing their routine tasks with more efficiency and better understandings of ground realities.
The plan also includes the assurity of the development, implementation and monitoring of the policies and procedures of all the departments. It also ensures that the member benefits are properly interpreted and applied correctly such that they come in…
Dabbah, R. (1999). Total R&D Management. Illinois: Interpharm Press.
Smith, J. (2006). Healthcare Management. Maidenhead: Open University Press.
Walshe, K. (2003). Regulating Healthcare. Philadelphia: Open University Press.
For most of U.S. history up to the time of the Community Mental Health Act of 1963, the mentally ill were generally warehoused in state and local mental institutions on a long-term basis. Most had been involuntarily committed by orders from courts or physicians, and the discharge rate was very low. Before the 1950s and 1960s, there were few effective treatments for mental illnesses like depression, anxiety disorders and schizophrenia, which were commonly considered incurable. Only with the psycho-pharmacological revolution in recent decades and new anti-depressant and anti-psychotic medications has it been possible for the severely mentally ill to be treated on an outpatient basis through community mental health centers. Of course, as the old state hospitals have emptied many of the mentally ill have ended up homeless, since they are unable to hold maintain regular employment or continue on a medication regimen without supervision. According to present-day…
Bacon. H. "Book Review: Jonathan Willows, Moving On after Childhood Sexual Abuse: Understanding the Effects and Preparing for Therapy in Clinical Child Psychology and Psychiatry. (15)1 January 2010, pp. 141-42.
Bartels, S.J., A.D. van Citters and T. Crenshaw (2010). "Older Adults" in Levin, B.L., J. Petrila and K. Hennessy Mental Health Services: A Public Health Perspective. Oxford University Presss: 261-82.
Behar, E.S. And T.D. Borkovec. (2003). "Psychotherapy Outcome Research" in I.B. Weiner et al., eds. Handbook of Psychology: Research Methods in Psychology. New York: John Wiley & Sons.
Carron, V.G. And K. Hull. (2009). "Treatment Manual for Trauma-Exposed Youth: Case Studies." Clinical Child Psychology and Psychiatry 15(1) 13 November 2009, pp. 27-38.
legislation on PA SB 1299
The General Assembly of Pennsylvania
Senate Bill No. 1299
Session of 2014
Introduced by: Ward, Pileggi, Erickson, Schwank, Washington, White and Baker.
The significance of PA SB 1299 Bill
The deaths from overdose on opioids have been a common occurrence across the nation with many of the people falling victims to either ignorance or intentional negligence by the people around then when they suffer the overdose symptoms to death. Initially, there were rampant incidences of the arrest and prosecution of the volunteers who called the law enforcement and the first responders to the scene since they too were often found to have used the drugs. The first responders were also not allowed to administer opioid antagonist at the scene to the person suffering obvious signs of overdose on the opioids hence the death rates from the overdose kept increasing even amidst the knowledge that…
Incorvaia M., (2015). Lawmaker: Allow more first responders to give antidote to opiate overdoses. Retrieved February 20, 2014 from http://cronkitenewsonline.com/2015/01/lawmaker-wants-more-first-responders-allows-to-deliver-antidote-to-opiate-overdoses/
Wenner D., (2014). Pa. expands use of heroin overdose antidote, provides 'good Samaritan' protection in overdose cases. Retrieved February 20, 2014 from http://www.pennlive.com/midstate/index.ssf/2014/09/pennsylvania_heroin_good_samar.html
EMS1, (2015). 85,000 Emergency Responders Reduce Response Time with IamResponding.com. Retrieved February 20, 2014 from http://www.ems1.com/ems-products/communications/press-releases/1033418-85-000-Emergency-Responders-Reduce-Response-Time-with-IamResponding-com/
Heightman A.J., (2014). Should Naloxone Be Available to All First Responders? Retrieved February 20, 2014 from http://www.jems.com/article/administration-and-leadership/should-naloxone-be-available-all-first-r
McCullough stated she was being disciplined because of her complaints regarding what she saw as the hostile work environment at Hyundai.
The court found that although McCullough may have acted in a vocal and confrontational manner as an employee, based upon the evidence presented, the specific rules she was accused of violating were not clearly worded. McCullough had met with her colleagues to discuss her feelings during lunch outings, not on company premises. She also addressed numerous complaint letters and emails to management, thus following through with the employee handbook's wording about the need to consult with a supervisor, regarding any difficulties. These complaints were ignored, by and large, which only lead to further escalation of McCullough's activities. Even McCullough's email policies were not specifically prohibited according to the handbook.
Although McCullough may not, based upon her description, seem like the model employee in terms of her social persona, it…
Hyundai America Shipping Agency, Inc. Vs. Sandra L. McCullough. (201). NLRB.
Retrieved February 27, 2011 at http://www.nlrb.gov/search/nlrbdocsearch/hostile%20work%20environment
This is because the public image that is created can be very good for creating a good reputation and company image. This is mainly fueled by positive consumerism.CS should therefore be integrated into corporate strategy.
Almost all parts of the industries that deal with packaging, not excluding food packaging, are facing several environmental problems. For instance, the shops that are dealing with fast-food are receiving a lot of pressure to minimize the quantity of the solid wastes that they are generating (Testin and Vergano, 1991). As a result, the company will result into numerous environmental problems. Packaging is indeed an essential part of modern life style. The loss from packaging is more rampant in the firms that process food and those in the system of distribution. In the countries that are still developing, packaging is a rare thing and sometimes, it does not exist. In such…
Demetrakakes, P. (2004, Oct). Nestle's packaging wraps up the world: a truly international food company combines local and global strategies in packaging its huge array of products
Domberger, S. And Fernandez, P. (1999), Public-Private Partnerships for Service Delivery.
Business Strategy Review, 10: 29 -- 39
Kakabadse, a.P. And Kakabadse, N. (2000a) Sourcing: new face to economies of scale and the emergence of new organizational forms. Knowledge and Process Management 7(2), 107 -- 118.
eason for eferral:
The client is a 15-year-old male who has issues with anger management. The client is also a gang member and given his age and background he is considered to be at risk for a number of antisocial behaviors.
Clinical concerns: Anger management/acting out.
Clinical concerns: Interpersonal isolation/relationship issues.
Clinical concerns: Underage cigarette smoking.
Client is a high potential risk for substance abuse.
Clinical concerns: Client is at a high potential risk for depressive symptoms.
The client has been in counseling with another counselor for four months before being transferred to this counselor's caseload. According to the reports from his previous counselor this client had made very little progress and was uncooperative.
He was uncooperative during the initial assessments and did not wish to discuss his feelings or acknowledge that he has difficulties with managing his anger. He tends to…
American Psychiatric Association. (2000). Diagnostic and statistical manual of mental disorders (4th ed.-text revision). Washington, DC: Author.
Beck, R., & Fernandez, E. (1998). Cognitive-behavioral therapy in the treatment of anger: A meta-
analysis. Cognitive Therapy and Research, 22, 63 -- 74.
Boxer, P. & Goldstein, S.E. (2012). Treating juvenile offenders: Best practices and emerging critical issues. In Grigorenko, E.L. (Ed.), Handbook of juvenile forensic psychology and psychiatry (pp. 323-340). New Haven, CT: Springer.
Wilma has inherited a house from her uncle who passed away recently. The uncle had taken out a reverse mortgage on this property, it appears he was paid money each month until his death and this amounted to a total of $210,000 including accrued interest, accumulated to increase the balance of the mortgage. On her uncle's death, the balance became due in full, immediately.
To establish the proper treatment inheritance of the property by Wilma from her uncle Bob, we must establish the financial ramifications by examining three options.
She can reject the inheritance of the house and allow the bank to foreclose on it. This will however be a constructive sale to the bank, which, after foreclosure, will lead to the loan being cancelled, and that this debt cancellation will cause that amount to be deemed an amount realized, producing taxable gain.
She can offer to settle the loan…
Speaking With Hostile Employees
This study appreiates the fact that employees have diverse personalities are respond differently when annoyed. It is clear from this sudy that some may respond with exteme hostility even on the slightest provocation. Strategies like the use of humor, resolving differences later and being emphatic are essential in dealing with hostile employees. The key to addressing such cases is by enhancing and promoting a working culture that is based on understanding civil behavior, respect, and constructive conflict.
Speaking With Hostile Employees
Behaviors like "venting anger," "letting it out" or "losing it" are no longer considered healthy ways of expressing oneself honestly. We live in a culture where aggression can be the predicted and sometimes an approved response to disappointment, threat, or conflict. This is adversely affecting the workplace and in general employee relationships. The company must be seriously concerned about the issues because aggressive working surroundings…
England, D. (2012). The Essential Guide to Handling Workplace Harassment & Discrimination. Berkeley, CA: Nolo.
Hellriegel, D., & Slocum, J.W. (2009). Organizational Behavior. Mason, OH: Southwestern Cengage Learning.
Jones, R.M. (2007). Strategic Management in a Hostile Environment: Lessons from the Tobacco Industry. Westport, Conn. [u.a.: Quorum Books.
isk Analysis and the Security Survey
The following risk analysis and security survey report will be centered on the hospital as an organization. Vulnerabilities can be classified as crime opportunities, opportunities for breaking rules and regulations, opportunities for profiting and also for loss. By definition, vulnerability can be a gap or a weakness inside a security program that might be exploited by opponents to acquire unlawful access. Vulnerabilities include procedural, human, structural, electronic as well as other elements that offer opportunities to damage assets (Vellani and Owles, 2007).
A vulnerability assessment can be classified as a systematic method utilized to evaluate an organization's security position, assess the efficiency of current security infrastructure, as well as, recognize security limitations. The basic approach of a Vulnerability Assessment (VA) first measures what precise assets require protection. Subsequently, VA recognizes the protection measures previously being used to protect those assets, as well as what…
Brandon Region Hospital. (2012). Evacuation plan.
Brandon Region Hospital. (2012). Risk management plan.
Chung, S., & Shannon, M. (2005). Hospital planning for acts of terrorism and other public health emergencies involving children. Archives of disease in childhood, 90(12), 1300-1307.
Code Green Networks. (2009). Protecting Healthcare Organizations from Patient Data Loss. Retrieved from: www.codegreennetworks.com/resources/downloads/wp_patient_dlp.pdf
INTERPROFESSIONAL TEAMS AND TEAM-BASED DELIVERY OF HEALTH CARE
Specific qualities are possessed by the most effective team members. I possess many of those qualities but need improvement in one area in particular. Certainly, my nursing training and professionalism contribute considerably to the team, despite my shortcomings. In fact, our team possesses many desirable qualities and works reasonably well, though the team needs improvement in some areas, particularly regarding one of our team members.
Assess the team qualities you have mastered thus far in your career and those you feel need further development.
According to Mitchell et al., the qualities possessed by the most effective team members are: honesty; discipline; creativity; humility and curiosity (Mitchell, et al., 2012, p. 5). I am an honest team member who highly values competent communication among my team members, including transparency about goals, choices, ambiguity, and errors, particularly because honesty is vital for mutual…
Kowalski, K. (2015). Building teams through communications and partnership. In P. S. Yoder-Wise, Leading and managing in nursing, 6th edition (pp. 321-345). St. Louis, MO: Mosby, Inc.
Mitchell, P., Wynia, M., Golden, R., McNellis, B., Okun, S., Webb, C. E., . . . Von Kohorn, I. (2012, October). Core principles & values of effective team-based health care. Retrieved July 25, 2016 from www.nationalahec.org: https://www.nationalahec.org/pdfs/vsrt-team-based-care-principles-values.pdf
Internationally, a broader array of criticism was noted with both exposure drafts, and with certain problems persisting in Exposure Draft #2 that had first been identified in Exposure Draft #1. Specific issues that were brought to the attention of the IASB by many different letter writers included a lack of clarity in the ultimate specific purpose of the proposed amendments, remaining confusion regarding the definition of specific terms and the recording of very specific classes and sets of obligations and situations, and the fact that present-day valuations for many obligations and liabilities that fall under IAS 37 were probably entirely inaccurate, as these liabilities would be discharged when they became due (IASB 2010). In general, these issues were more specific than those cited with Exposure Draft #1.
Given the specific issues that were raised in the comment letters to Exposure Draft #2 as well as the trend that exists in…
When one thinks about Freud's theory one has to presume Freud's conscious thoughts or his theory regarding an Oedipus complex represents not his real thoughts but his defensive condensations, displacements, reversals, omissions, and distortions of his real thoughts. If one wishes to look inside his real thoughts regarding an Oedipus complex, one has to analyze and interpret the manifest content of his thought with these defenses in mind. According to Freud, a person must use this method of analysis to overcome such defenses and resistances. The first rule of Freud's technique was to reject the manifest content or the apparent meaning of the dream, symptom, or activity as merely a distorted substitute for one's real thoughts (Freud's Theory Analyzed -- a eport on esearch n.d).
Freud thought that one's conscious thoughts would be unconsciously determined and distorted by what one had censored. One's conscious thoughts condensed, displaced, reversed, omitted, covertly…
A Brief Outline of Psychoanalytic Theory, n.d., Available at:
Bridle, S. And Edelstein, a., 2009, Was ist "das Ich"?, Available at:
("Home Confinement / Electronic Monitoring," n. d.)
House arrest or home confinement started as a program to handle particularly as a sentencing substitute meant for drunk drivers, but rapidly spread over to a number of other offender populations in a lot of jurisdictions. Depending on the nature of crime committed by the offenders, home confinement has been designed with various degrees of stages of restrictions. These can vary from ordinary curfews to complete confinement. For instance, the home confinement program of the Federal courts extends three separate levels of restrictions under the U.S. Probation and Pretrial Services, 2000. Under the first level ie., curfew, it requires the program participants to stay at home daily during certain time periods. Under the second level house arrest it requires on the part of the participants to stay at home round the clock save for attending to work, school, treatment etc. which must be…
Black, Matt; Smith, Russell G. (n. d.) "Electronic Monitoring in the Criminal Justice System"
No. 254. Retrieved 28 March, 2008 at http://www.aic.gov.au/publications/tandi2/tandi254.pdf
Caputo, Gail. (2004) "Intermediate Sanctions in corrections"
Clear, Todd R; Cole, George F. (2005) "American Corrections"
Human esources: Fair Labor Standards Act
An Examination of the Fair Labor Standards Act of 1938 and Its Implications for American Workers Today
Although most Americans take for granted the wide range of social programs that are in place for their protection, many of these initiatives are fairly recent in origin, but one that has been around for quite some time is the Fair Labor Standards Act of 1938. The legislation established a minimum standard wage and a maximum work week of 40 hours in industries that were engaged in interstate commerce. The implications of the Act were profound, and today, in what has become a classic pattern over the years, calls for increases to the federal minimum wage are followed by impassioned cries from industry leaders that such an initiative will do more to harm business than it will to help minimum-wage workers. ather than routinely bankrupt America's businesses,…
An overview of the Fair Labor Standards Act. (2005). U.S. Office of Personnel Management.
Retrieved May 12, 2005 from http://www.opm.gov/flsa/overview.asp .
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Cocheo, S. (2004). Banks Must Labor to Comply with New Overtime Rules; Fair Labor
Social Determinants of Health
Quality Improvement and isk Management in Health Care
A health care system is an institution or organization of people using resources to deliver health care services to meet the target population's health needs. There are many health systems worldwide with many organizational structures and histories. Different countries have various systems that support their health system planning such as trade unions, governments, market participants, charities and religious co-ordinate bodies who deliver health care services that are planned and evolutionary. isk management entails the proper strategies that reduce possibilities of specific losses in health organizations (Spath, 2009).
The systematic utilization and gathering of data are very important to the practice and concept. The programs of risk management consist of both reactive and proactive components. The reactive components include the actions, which are in response to adverse occurrences while proactive components include those activities done to prevent adverse occurrences…
Barry, R. (2002). The six sigma book for healthcare: Improving outcomes by reducing errors. Chicago: Health Administration Publisher
Cook, R. (2006). Awareness and influence in health and social care: How you can really make a difference. San Diego, C.A: Radcliffe Publishing
Kavaler, F. (2003). Risk management in health care institutions: A strategic approach. Sudbury, U.S.A: Jones and Bartlett Publishers
Marco, W. (2011). Performance-Based medicine: Creating the high performance network to optimize managed care relationships. New York: Productivity Press
Design Methodology for producing Modularity
Aspects of modular product design:
Scope, procedures, goals, and objectives
Simple configuration control
Minimum requirement for labor
Precise and absolute descriptions of changes in question
Cooperative and responsive customers'
Effective coordination among project team members
111.2 CONFIGUATION Management TEMS AND DEFINITIONS
Software Configuration Management
Engineering Change equest
121.3 OLES & ESPONSIBILITIES
Configuration Control Board
Parallels between the data and functional design of the plan
Advantages of modularity
ELATIONSHIP TO SYSTEMS ENGINEEING
142.2 ELATIONSHIP TO POGAM Management
142.3 ELATIONSHIP TO SOFTWAE ENGINEEING
163. CONFIGUATION Management (CM)
173.1 CM POCESS
183.2 CM PLANNING AND Management
183.4 CONFIGUATION CHANGE Management
193.5 CONFIGUATION STATUS ACCOUNTING
213.6 CONFIGUATION VEIFICATION AND AUDIT
234. APPENDIX A EFEENCES
255. APPENDIX B. SAMPLE CM PLAN
CM -- Configuration Management
SOA - Service Oriented Architecture
Buckley, Fletcher J., Implementing Configuration Management: Hardware, Software, Firmware,
Second Edition, IEEE Press, Piscataway, NJ: 1993
Daniels, M.A., Principles of Configuration Management, Advanced Application Consultants,
Inc., Rockville, MD: 1985
Strategic Planning May Successfully Aid the Patient-Centered Medical Home Model's Implementation and Value to Our Health Care System
How Using Strategic Planning May Successfully Aid the Patient-Centered Medical Home Model's Implementation and Value to Our Health Care System
In 1967, the AAP (American Academy of Pediatrics) introduced the concept of Medical Homes. These homes were at first assigned for obtaining children's medical records. Several decades later in 2002, the Academy expanded its policy statement on the concept, making it more comprehensive, accessible, compassionate and culturally-effective. The new policy also changed the focus of medical home from the child to the family. The ACP (American College of Physicians) and the AAFP (American Academy of Family Physicians) have also developed their own patient-care models which they refer to as "advanced medical home" and "medical home," respectively (PCPCC, 2007).
Many health care experts agree that the basic components of medical home definition include…
AHIMA. (2013). Assessing and Improving EHR Data Quality. Journal of AHIMA, 84(2), 48-53.
AHIMA Board of Directors. (2011). New View of HIM: Introducing the Core Model. American Health Information Management Association.
AHRQ. (n.d.). Defining the PCMH. Retrieved March 11, 2016, from Agency for Healthcare Research and Quality: https://pcmh.ahrq.gov/page/defining-pcmh
Alexander, J. A., Paustian, M., Wise, C. G., Green, L. A., Fetters, M. D., Mason, M., & Reda, D. K. (2013). Assessment and Measurement of Patient-Centered Medical Home Implementation: The BCBSM Experience. Annals of Family Medicine, 11(1), S74-S81.
Treating Alcoholism presents therapists with multi-dimensional issues -- multicultural understanding and contextual setting of the client (profession, family, history, work conditions and exposure to extraordinary conditions, in the case of those serving in the military), dominates these settings within which psychotherapists are required to work. Lack of adequate and healthy outlet for feelings; absence of recreation, often lead to excessive, and harmful drinking. Yet, each case is an independent experience requiring the therapist to be flexible, yet focused on creating value at all times. As such, a therapist's work with each client may be termed aptly as a 'discovery'.
A psychologist deals with interpersonal exchanges using a worldview (i.e., group of attitudes) that aids in shaping their opinion of other people. Their worldview is partly governed by cultural experiences. In fact, multicultural and cross-cultural literature constantly highlight the following facts (Duncan, 2010):
1) Man is a multicultural being (Duncan, 2010);…
American Psychological Association. (2003). Guidelines on multicultural education, training, research, practice, and organizational change for psychologists. American Psychologist. 58(5), 377-402
Ames, G., & Cunradi, C. (2012). Alcohol Use and Preventing Alcohol-Related Problems Among Young Adults in the Military. NIAAA.
Duncan, B. (2010). On becoming a better therapist. American Psychological Society. American Psychological Association, 152.
Furuya, S., (2015). ASAP Triage (brief screen case note) for Confidential treatment program.