Evaluate the Range of Alternative International Assignment Forms Essay Example for Free

Assess the Range of Alternative International Assignment Forms Essay A worldwide task of 3-5 years is normally considered as Long Term Assignment. One reason that it is getting incredibly progressively costly for MNE’s is because of the idea of the activity scope and the International Assignee’s (IA) individual contemplations. Curiously, as indicated by the 2009 Global Relocation Trends Survey [ (Brookfield Global Relocation Services, 2009) ] report, when worldwide organizations are moving their representatives for assignments abroad nowadays paying little heed to short or long haul, they will in general dispatch more seasoned and increasingly experienced workers because of the okay of task disappointment. This is one reason why it has become progressively and amazingly increasingly costly for MNE’s [ (Harzing, 1995) ]. Following the ostracize segment gave by the study, family concerns sit on the outline which remain the most overpowering explanation of 92% for task refusal and furthermore the top purpose behind early comes back from assignments which recorded at high of 27%. Verifiably, the main five difficulties throughout the long stretches of the review have been family change, accomplice opposition, troublesome area, children’s training, and partner’s profession [ (Borstorff, 1997) ]; [ (Brett, 1995) ]. These are additionally the reasons why it is hard to locate the correct competitors with the correct understanding to fill the opportunity for long haul task [ (Shaffer, 2001) ]. Counteractants for the Poisons Exploiting Other Alternatives Due to the above issue looked by the majority of the MNE’s, they are presently taking a gander at different choices which can give them the best ‘antidotes’ to the ‘poisons’ that are stinging them. The scopes of options of universal assignments that the global organizations can consider separated from the drawn out task incorporate present moment, self-started, suburbanite, and virtual assignments. Momentary assignments This kind of assignments can last from half a month to months. As indicated by the PricewaterhouseCooper’s review 2001, there is a sharp increment of practically 60% in the ubiquity of organizations executing this methodology in their particular associations. This is because of the idea of these assignments which give the organizations a ‘instant’ arrangement in settling aptitudes deficiencies and are when all is said in done simpler to oversee [ (Solomon, 1999) ]. Aside from that, in correlation with the drawn out assignments, transient assignments forced lower cost to the organizations because of the task length and span. Furthermore, organizations don't have to spend on movement on their whole employees’ family and it is additionally a decent way to go around family-related issues which can be seen in a large portion of the conventional assignments, for example, family upheavel. Self-started assignments Over the years, there is this pattern is developing in numbers where the chosen ones make their game plans to look for some kind of employment abroad and are utilized on neighborhood work contracts. As per [ (Suutari, 2000) ], they have recognized a progression of particular qualities of oneself started chosen ones when contrasted with customary exile. These attributes, which may not be that ‘bull’s eye’ exact, anyway does talks most basic chosen ones may have and rehearse. These incorporate youthful and single, be increasingly spurred in moving to another country because of enthusiasm for internationalism and helpless business circumstances at home, working for organizations at lower progressive levels, and get no repatriation guarantees and view their migration as an increasingly perpetual move. The advantage of enrolling oneself started chosen ones is that it can offer organizations the capability of not undertaking arrangement. Indeed, the appointees enlisted could have been inhabitant in a specific area for a considerable length of time where they are well mix with the socio-social of the spot. One of the disadvantages is that the chosen ones are inexperienced with the hierarchical culture which until a specific degree where such recognition is significant will be driven by the idea of the task. Suburbanite assignments This kind of task includes representatives driving from their home to an office in another nation by methods for going via land, ocean or air. One of the models would be workers going via plane on a week by week or every other week premise [ (Assignment types clarified, 2012) ]. Interestingly with transient assignments, the suburbanite assignments permit organization to fill in the abilities deficiency without upsetting the employee’s spouse’s vocation or the children’s instruction or family issue. This offers the chosen ones the chance to work abroad without leaving their home when completing their assignments. Be that as it may, the disadvantages of the task are the quality existence of the trustees might be influenced. This is because of the probability of the chosen ones returning late from work because of the unspeakable separation of driving and also the weakness because of the voyaging venture. This influences the correspondence and the quality time between the appointees and their family which further draw out may influence their enthusiastic and in a roundabout way influences their profitability in the organization. Virtual assignments The chosen ones deal with the assortment of global exercises over a few nations which don't require the appointees to be genuinely moved to an outside hierarchical unit. Despite the fact that migration isn't important yet broad travel is inescapable. The upsides of a virtual task appear to be overpowering over the conventional exile task. Right off the bat, the chosen ones are more affordable because of their wages are paid on neighborhood premise (without exile recompense) however maybe with movement costs. With the expanding utilization of video conferencing and other correspondence improvement, it has thin down the chance of this methodology and making it less essential later on. Furthermore, there is no requirement for any exceptional plan for the appointees, for example, protection, outside government managed savings, and benefits as they can adhere back to just neighborhood conspire. This gives the organization another cost sparing arrangement and just as cutting on the superfluous strategy in building up another plan for the chosen ones. In conclusion and in particular, the chosen ones work-life balance isn't massively influenced. The chosen ones don't have to move their family abroad and their children’s training are not influenced. The current pattern of exile 2011 As the worldwide economy keeps on improving, an ever increasing number of organizations are expanding their quality in the developing business sector where universal assignments have become key viewpoint in the worldwide monetary recuperation. Following the solid source from the 2011 Global Relocation Trends Survey distributed by Brookfield Global Relocation Services [ (Brookfield GRS 2011 Global Relocation Trends Survey Report, 2011) ], China is the place they are going. As indicated by the review, China positioned the most widely recognized new goal followed by Brazil, India and Singapore. As far as troubles, China despite everything sits on the rundown followed by India, Russia and Brazil. This gives a decent impression of the chosen one volume going into these areas and the opposition for lodging and tutoring will make deferrals and troubles to the movement and simultaneously giving negative effect on the migration experience. Determination In request to make a primary concern on the above conversation, I for one view that self-started task would be the worthy type of task from my age. The current pattern is inclining more towards present day thinking and not being keep down by the regular conviction and thinking. Take for instance, the youthful grown-up these days don't race through their marriage at early age and the normal marriage age have expanded to more than 30 years of age in conflicting with 18-22 years of age during the former times. This has in a roundabout way give an effect on the working pattern where representatives stay single till the period of more than 30 years of age and they will in general be versatile and not confined to family pressure or spouse’s vocation. Resulting in these present circumstances current age, we are beginning to adjust to an extremely serious condition where the neighborhood advertise is getting increasingly soaked. So as to beat this issue, we need to go out from our nation of origin to find a generously compensated lines of work as opposed to immersing further in the neighborhood showcase. In this manner, this sort of task is a ‘killing two winged creatures with one stone’ where organizations can hope to spare expense by employing these chosen ones on contract premise and the appointees can hope to procure higher remote conversion scale compensation abroad contrasted with working in their nation of origin. Thinking about the shared advantages from this sort of assignments, in the coming future we can hope to see oneself started task to pick up fame among the organizations and furthermore the forthcoming workers.

Auditor Predecessor Successor

Examiner Predecessor Successor Question: What is the reason for antecedent replacement reviewer interchanges? Which party, the forerunner or replacement reviewer, has the obligation regarding starting these interchanges? Quickly sum up the data that a replacement reviewer ought to acquire from the antecedent evaluator. The motivation behind the ancestor replacement inspector interchanges is to enable an evaluator to decide whether a firm ought to draw in with another customer. This correspondence will advise the examiner about the history regarding the customer with the past evaluator and conceivably uncover some data that would propose that tolerating this customer isn't to the greatest advantage of the firm. As of late it has gotten essential to painstakingly pick with whom a firm takes part in a concurrence with for speaking to them as their evaluator. Not exclusively is the organizations notoriety in question however they can be held obligated for their customers false exercises. The Auditing Standards Board has given a Statement on Auditing Standards Number 84 in October of 1997. SAS No. 84 supplanted the SAS No. 7 which has a similar title and was composed to refresh the announcement to the current condition. SAS No. 84 characterizes the necessary correspondences between the antecedent and replacement evaluator before tolerating a commitment; what to do when as far as possible the reactions to the replacement; contains test customer assent and an affirmation letter and a replacement inspector affirmation letter. A large number of the CPA firms use alert while tolerating new customers and experience a nitty gritty methodology before tolerating another customer. This is important to shield the firm from potential future liabilities dependent on their customers exercises. SAS No. 84 made a few changes or upgrades to SAS No. 7 which incorporate interchanges preceding drawing in with the customer, talks about the use and sorts of working papers, examines the utilization of various kinds of correspondence letters for the ancestor replacement with models, and layouts activities that the replacement ought to follow if the fiscal summaries are seen as misquoted. This Statement was then altered by no. 93 on the grounds that the announcement didnt address the situation where a reviewer began a review however didnt complete it. SAS No. 93 explains the meaning of the antecedent inspector to incorporate this circumstance. The definition was refined to incorporate any inspector who is locked in to play out a review yet doesn't finish it. In the ZZZZ Best contextual analysis, Greenspan was an autonomous examiner that finished a review of the ZZZZ Best Company in 1986. He utilized logical procedures to take a gander at the budgetary information and he affirmed the presence of their employments by exploring their archives. After culmination of the review, Minkow that claimed the ZZZZ Best Company excused Greenspan and held Ernst Whinney as the companys reviewer. A congressional subcommittee was testing into the forerunner replacement correspondences that happened when this change happened. At the point when the congressional subcommittee asked what data he gave to the replacement inspector, Greenspan was said â€Å"Nothing. I did there was nothing since they never got in extreme with me. Its convention for the new bookkeeper to connect with the old bookkeeper. They never connected with me, its still a puzzle to me.† As indicated by SAS no. 84, the replacement can't acknowledge the new customer until they have spoken with the ancestor and have evaluated their reactions. Despite the fact that the replacement is required to start the correspondence, the ancestor is required to react. The ancestor is required to get consent from the customer before giving any data about the customer. This implies there is a likelihood that the forerunner will express that they won't give any data however they should react expressing this. On the off chance that the forerunner doesnt give any data, this most probable implies that the customer doesnt need them to uncover some possibly hurtful data about the customer and raises a few worries about tolerating the new customer. In the ZZZZ Best Company case, Ernst Whinney said that they spoke with Greenspan before tolerating ZZZZ Best as a review customer. They didnt express any subtleties identified with the correspondence and Greenspan didn't affirm this correspondence. Regardless of whether Ernst Whinney initiated correspondence with Greenspan, given that neither one of the ones affirmed the subtleties of what was imparted implies that Ernst Whinney didnt follow necessity of exploring the ancestor reactions before tolerating the customer. The replacement inspector ought to get data that will help conclude whether to acknowledge the customer as their reviewer. The kind of data that the replacement reviewer ought to be asking about is identified with the trustworthiness of the administration and any contradictions that the forerunner had with the administration over bookkeeping or inspecting methodology. In the event that theres has been issues with the board trustworthiness or worries about their uprightness from the ancestor inspector, it in all probability will be a continuous concern which may mess up what's to come. Additionally, if the ancestor inspector had conflicts with the customer about bookkeeping or examining techniques then it would best to talk about these systems with the customer before beginning the commitment with the customer. Another thing that the replacement reviewer should demand is access to the antecedents working papers. â€Å"SAS no. 84 incorporates a rundown of the working papers commonly made accessible to the replacement, including documentation of arranging, inward control, review results and different issues of keeping bookkeeping and examining significance†.1 The forerunner may constrain the entrance to this working papers for reasons, for example, privacy understandings or suits. These working papers give the great knowledge into the customer and offer presentation to the antecedent and customers working courses of action. They will be the quickest and most point by point data for assessing the customer. When reacting to the replacement after the underlying correspondence, the antecedent may demand a composed understanding revealing the terms of what they uncover. They may demand that the replacement keep the data secret and make a deal to avoid taking part in prosecutions against the ancestor identified with the material uncovered. Another thing they ought to talk about is the explanations behind the adjustment in evaluators. This data could give some understanding into any administration trustworthiness issues if the antecedent inspector pulled back as the reviewer. The replacement should archive the interchanges with the antecedent. They should record when the interchanges happened, the aftereffects of the correspondences, and subtleties of what material was unveiled. Despite the fact that the interchanges might be oral rather than composed, it is acceptable practice to record the subtleties of what correspondences were made and the idea of the interchanges. SAS No. 84 doesnt require the documentation of this correspondences however the replacement evaluators working papers should show the subtleties of interchanges that happened. The forerunner replacement reviewer interchanges is the way to deciding whether the firm ought to acknowledge the new customer. This correspondence will permit huge data to be assembled in deciding if to continue into an understanding or not. The achievement inspector must start the correspondence with the antecedent. The fulfillment of this trade of data is essential to shield the firm from potential future liabilities dependent on their customers exercises.

An Evolving Industry Research Paper Example | Topics and Well Written Essays - 250 words

An Evolving Industry - Research Paper Example Previously, individuals had to arrange in film houses to see the most recent film discharge. Or on the other hand on the off chance that one needed to see a formerly discharged film, one needed to go to a Blockbuster Video store, open a participation record and lease these movies. Today, basically anyone with a YouTube record may now transfer their motion pictures for the entire world to see. Different sites like Movielocker permits producers to likewise distribute their own recordings. Similarly, crowds may now simply go to sites like TheOnlyDevice.com, Momomesh, and others to see as much films as they need. Obviously, the Internet has harmed big-time film creation suits at first. Be that as it may, at that point these moneymakers have cunningly utilized innovation to further their full potential benefit and have in reality abused the web in making buzz for their movies. Surely, the Internet has opened up a large number of ways for movie producers to create and appropriate movies and for crowds to see these movies as

Quantitative Research Analysis Paper Example | Topics and Well Written Essays - 750 words

Quantitative Analysis - Research Paper Example The course showed is on instructing English to speakers of different dialects (ESOL) where 29 members from the online course and 31 understudies from the homeroom setting were remembered for the examination. The discoveries uncovered that â€Å"students in the Web-based segment of the course adapted somewhat yet not essentially more than understudies in the study hall based segment of the course† (Thirunarayanan and Perez-Prado, 2002, 136). The creators expected to decide the scholarly exhibition or accomplishment of understudies between the online course and the study hall setting course. The reliant variable in this manner is the proportion of accomplishment of understudies which is resolved through tests (pretests and posttests) and the scores recorded were utilized to figure measurable examples (implies, midpoints, t-test, among others). The autonomous factors are the sorts of courses offering the ESOL: disconnected and online gatherings with various example sizes. Obviously different variables that were mulled over were the age of the understudies (going from 21 to 47 years) and the sex (study hall setting: 30 female and 1 male understudy; internet setting: 25 female and 4 male understudies). The stimulus for the advancement of the investigation was the need to decide the viability of instructing ESOL as â€Å"one of the last courses expected of preservice instructors in their Elementary Education Program with ESOL endorsement† (Thirunarayanan and Perez-Prado, 2002, 132). Both course settings had been applied in both study hall setting and online configurations. With the expansion of separation learning courses offered through the World Wide Web, there is a need to approve past research considers which demonstrate that â€Å"there is no huge distinction in the accomplishment of understudies took on separation training courses when contrasted and the accomplishment of understudies tried out customary or study hall based courses† (Thirunarayanan and Perez-Prado, 2002, 131). Notwithstanding, the present investigation didn't show a

LADY MACBETH IS WORSE THAN MACBETH Essays - Characters In Macbeth

Woman MACBETH IS WORSE THAN MACBETH In my view, Lady Macbeth is far more regrettable than Macbeth. In spite of the fact that they both consider killing King Duncan when they hear the witches' predictions, Macbeth ponders what he may or may not do, while Lady Macbeth promptly offers to malicious spirits to invigorate her the to murder Duncan. At the point when Macbeth initially hears the predictions, and when the initial 2/3 of it works out as expected, he thinks of executing the ruler, yet in addition, towards the finish of Act 1, Scene 3, he feels that maybe he doesn't have to effectively turn into the lord : If chance will make them lord, why, chance may crown me without my mix. Then again, Lady Macbeth, on accepting the letter telling her about the witches' predictions, she promptly feels that she what's more, Macbeth should execute ruler Duncan. She additionally concludes that Macbeth is too ideal to even think about killing the ruler, sayin that he is too ful o' the milk of human generosity and when she hears the Duncan will visit their manor that night, she promptly requests to the shrewdness spirits, to (unexpectedly) invigorate her the to slaughter the ruler. In Act 1, Scene 7, Macbeth is doubtfull of Lady Macbeth's plot to slaughter the lord. He doesn't imagine that he will have the option to live with the blame of slaughtering his lord while he is remaining under his very rooftop, and afterward concludes that he won't slaughter the lord. This shows that Macbeth is considering what he will do, and appears that he feels coerce and is weighing up the circumstance, not at all like Woman Macbeth who never mulls over slaughtering the ruler. At the point when Lady Macbeth sees that Macbeth has left the room, she goes to address him. Macbeth immovably discloses to her that they won't execute the lord : we will continue no further around here. Woman Macbeth, in any case, discloses to him that his affection merits nothing on the off chance that he will not proceed with the arrangement, saying that his adoration is as responsible as his hesitation. Macbeth needs his better half to adore him and needs her to confide in him, so he consents to proceed with their arrangement. The manner in which Macbeth questions and considers murdering the ruler appears that he realizes that murdering the lord isn't right and that he will feel liable in the event that he does as such. Then again, Lady Macbeth never questions or stresses over murdering the lord. She never stresses that they will be gotten and never stresses that she will feel liable. In contrast to Macbeth, she never weighs up what they are going to do and rather bounces straight into it without speculation. This shows that Lady Macbeth is far more terrible than Macbeth, since Macbeth ponders what he is doing, though Lady Macbeth bounces straight into it, blinded by her own aspiration.

Correspondence The Old-Timey Way Richmond Writing

Correspondence The Old-Timey Way Richmond Writing Location: Writing Desk A funny characteristic of the Millennial students who attend Richmond is their preference for old-school communication, at least after graduation. I guess Id expected them to invite me to some social networking site (a few have) but I get more letters than anything else. A printed card or letter comes as a shock to faculty who still remember when this medium was the default choice for communicating between two people at great distances. For a student writer, the letter or card shows real seriousness, and a faculty member is more likely to remember the writer. This is no small thing when a graduate comes asking for a reference or letter of recommendation (usually done online, these days). Today, as a break from grading final projects, Im answering printed mail. That used to be a large part of the day for many people who kept up correspondence with others. Since my stamps are SO old, Im running out to get some one-cent ones to avoid the recipient finding a postage due announcement (if the post office still does that). At times I miss letters. My handwriting is actually decent when I slow down and use my favorite pens. In the crush of answering e-mail, replying to blog-posts, and preparing for class, I do wonder what weve given up in the service of greater productivity. But usually Im too busy to think about that. If youd like to send me a letter, just drop me an e-mail first. Ill clear the desk and pen a reply.

Some Great Depression Facts - Free Essay Example

I dont really know how was it was like to live in the great depression because I was not born yet all I really know is that a lot of people lost their jobs and house and that a lot of people died . I dont really want another depression to happen but if one did we survived a lot of them so we should be able to survive this and the next one and the next one after that. If I was in a depression I would survive like this I would only eat once a week and drink water when Im thirsty and I would try to live with a band of homeless people because they would know how to live on the streets. I would also be with my friends and family so I want get bored of depressed and kill myself and it all ways beater to be with someone so u dont lose your sanity. So here are some great depression facts The Great Depression was the worst economic downturn in the history of the industrialized world, lasting from 1929 to 1939. It began after the stock market crash of October 1929, which sent Wall Street into a panic and wiped out millions of investors. Over the next several years, consumer spending and investment dropped, causing steep declines in industrial output and employment as failing companies laid off workers. By 1933, when the Great Depression reached its lowest point, some 15 million Americans were unemployed and nearly half the countrys banks had failed. Throughout the 1920s, the U.S. economy expanded rapidly, and the nations total wealth more than doubled between 1920 and 1929, a period dubbed the Roaring Twenties. The stock market, centered at the New York Stock Exchange on Wall Street in New York City, was the scene of reckless speculation, where everyone from millionaire tycoons to cooks and janitors poured their savings into stocks. As a result, the stock market underwent rapid expansion, reaching its peak in August 1929. By then, production had already declined and unemployment had risen, leaving stock prices much higher than their actual value. Additionally, wages at that time were low, consumer debt was proliferating, the agricultural sector of the economy was struggling due to drought and falling food prices, and banks had an excess of large loans that could not be liquidated. On October 24, 1929, as nervous investors began selling overpriced shares en masse, the stock market crash that some had feared happened at last. A record 12.9 million shares were traded that day, known as Black Thursday. Five days later, on October 29 or Black Tuesday some 16 million shares were traded after another wave of panic swept Wall Street. Millions of shares ended up worthless, and those investors who had bought stocks on margin (with borrowed money) were wiped out completely. As consumer confidence vanished in the wake of the stock market crash, the downturn in spending and investment led factories and other businesses to slow down production and begin firing their workers. For those who were lucky enough to remain employed, wages fell and buying power decreased. Many Americans forced to buy on credit fell into debt, and the number of foreclosures and repossessions climbed steadily. The global adherence to the gold standard, which joined countries around the world in a fixed currency exchange, helped spread economic woes from the United States throughout the world, especially Europe. I got all of this from https://www.history.com/topics/great-depression/great-depression-history#section_1.

Cheating cannot disappear in the school Free Essay Example, 2500 words

As with any issue related to morality and ethics, a wide range of opinions exists with regards to whether it is admissible and allowable for an individual to cheat within their scholastic endeavors. Ultimately, the question that this particular analysis will seek to answer is not whether or not cheating is in and of itself wrong, it is patently obvious that the evidence for its unethical nature abounds in a wide variety of extent literature; instead, the author will focus upon the externalities of cheating, how it is impacted, the thoughts of stakeholders concerning it, and what can be done to help curb this phenomena, are the more salient issues. Through such a level of discussion and analysis, it is the hope of this author that the reader will gain a more informed and rational understanding with respect to societal norms, the means through which individuals seek to engage with cheating as a means of benefiting themselves The innate and tacit drive for cheating (as well as what cau ses it), the benefits as compared to the risks, and the types and variety of cheating that is represented throughout scholastics within the current era. We will write a custom essay sample on Cheating cannot disappear in the school or any topic specifically for you Only $17.96 $11.86/pageorder now Further, a cursory analysis with regards to the scope and impacts of unlimited cheating will be discussed. Firstly, it must be understood cheating is something of a social phenomena within the world. Although the impacts of cheating within scholastics have only recently come to a broad level of understanding, the fact of the matter is that cheating is a type of social problem that traces its origins back to the innate desire for an individual to gain a competitive advantage over his/her peers with the least amount of effort. Ultimately, the human spirit is one that continually seeks for self betterment and a level of advantage over their fellow students (Bing et al. 29). Oftentimes, this desire to be better engages the individual to try harder and exert their selves more fully. However, oftentimes, the case is that the individual seeks a shortcut with regards to maintaining an advantage and reaching a desired goal. This shortcut can either be the re duction in the overall quality of the work that they represent or it can be referenced with regards to the fact that the seek to cheat in one form or the other as a means of providing themselves the benefits that had previously been mentioned. Regardless of the way in which cheating is defined, it must be understood cheating is not localized to the University or secondary education systems.

The Great Grand Father Of George Washington - 1699 Words

George Washington was one of the most skilled, and maybe the best person that could have held the title of founder of the United States of American. He had the capabilities of representing his people on the Continental Congress, the intelligence to flip his misfortunes to his victories on many battles against the British and on his personal life, the generosity of believing in people that were ignored or discriminated by society and more remarkably, the bravery needed to act against the laws and even risk his own life on several occasions for the liberty of his people, among many other aspects that makes him one of the most studied historical characters and sources of inspiration. John Washington (who was the great-grand father of George Washington) came to Virginia in 1657 and obtained a land of almost 150 acres in Westmoreland County on the Potomac River and seven years, built Mount Vernon out of this land and another grant of 5,000 acres just 18 miles down present-day Washington, D.C. There’s not enough evidence to conclude anything for his son Lawrence, but his grandson Augustine left an immense record of businesses, mines, properties, and 2 marriages that left 5 descendants; between them George Washington. George was born as the eldest son of this father’s second marriage on February 22, 1732. And during his childhood, George moved with his family to another plantation on a place called Epsewasson, not very far from the Potomac. When he was only eleven years old hisShow MoreRelatedGeorge Washington, Washington D.C. and the Grand Canyon646 Words   |  3 Pagesfor the people who have lived there, such as George Washington, our first president, its splendid cities, such as Washington DC, and its world famous national parks such as the Grand Canyon. America is an amazing country in part because of its people and places. One of the country’s most famous leaders is George Washington. This important man was the first child of Augustine and Mary Washington, born on February 22nd, 1732. unfortunately, his father died when he was but eleven years old. By theRead MoreGeorge Washington And The Era Of The American Revolution1569 Words   |  7 PagesAccepted Masons or Ancient Free and Accepted Masons that has certain secret rituals†. 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Intorduction to It Security - 1165 Words

TUI University Maurice Bringier Introduction to IT Security (ITM 431) Module #1 Case Assignment Dr. Cynthia Phillips The Oxford American Dictionary of Current English defines admonition as â€Å"to reprove. Urge. Give earnest advice to. Warn†. Understanding this how do we employ admonitions systems to information technology to make it more useful in-regards to Network and system security? Using admonition software we are attempting to create an environment that will either prevent data from being in-advertently distributed across networks. Act as a deterrent to those trying to access the network illegally. Or warning users of the potential harm their actions may cause. In developing an IT security strategy,†¦show more content†¦Authorization forms can be created verifying that they have read and understood the policies. Polices should cover the enforcement of security regulations and provide guidance on the implications resulting in the event of a security infraction. Policy and procedures need to be well communicated to all users of the network, ensuring all concerned understand th e policies and procedures. And lastly policies need not be all encompassing, there needs to be room for improvement all the while taking into account changes to the overall network security. Security requires the integration of people, process, and technology, but should also include prevention, detection, and response, and all three are needed for a comprehensive and robust security framework. Within the network framework, admonition plays a key part in the prevention, detection, and response needed by system and network administrators to elude a potential threat to the network. Prevention addresses the likelihood of harm whether internal or external. Detection and response are generally used to limit damage once a security threat has occurred. Admonition in prevention may be offset by strengths in detection and response. Security warnings and cautions in reality should deter network users from commiting acts that will endanger the network. This is not to say that these warnings will be enough to deter the user fromShow MoreRelatedSiemens : Meeting Global Local Needs2727 Words   |  11 PagesSIEMENS: Meeting Global Local Needs (3000w) intorduction: Siemens AG is the organisation that operates globally in electronic and electrical goods in different markets around the world with the total sales of approximately  £ 53 billion. there are more than 445,000 workers, doing different jobs in all the branches and head office of the company. Munich, Germany is the city where company s head office locate which the operate and control all over the branches and look after the employees andRead MoreSiemens : Meeting Global And Local Needs Executive Summery2999 Words   |  12 Pagesperformance of Siemens remains stable. And one more reason for the success of Siemens is the strategy that helps to do better in the future. And applying analytical tools such as SWOT, PESTLE analysis found success in this environment analysis. intorduction: Siemens AG is the organisation that operates globally in electronic and electrical goods in different markets around the world with the total sales of approximately  £ 53 billion. there are more than 445,000 workers, doing different jobs inRead MoreLatin American Airline Industry4384 Words   |  18 Pagesresponsible for the operation of the aircraft. Flight crew members include: Pilots (Captain and First Officer: some older aircraft also required a Flight Engineer and or a Navigator) Flight attendants, (led by a purser on larger aircraft) in-flight security personnel on some airlines (most notably El Al) Groundcrew, responsible for operations at airports. Ground crew members include: Aerospace and avionics engineers responsible for certifying the aircraft for flight and management of aircraft maintenance

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Though they choose to portray the women of Shakespeares plays in different ways, the womens sexuality and power within it remain strong. Though the theater and photographs give a hint to Shakespeares message, one can truly see it in the literature of his play. Through words, Desdemona and Ophelias sexual appeal are portrayed as threats to their lovers. Shakespeare did not write in a social vacuum. His livelihood depended on his audiences being pleased. We must remember, his audiences were notoriously unruly. As a result, he had more leeway with what he wrote. He captured their imaginations by showing them the personalities of their friends and husbands, but more importantly, their wives, their mistresses, and their lovers. Women were a mystery. Shakespeare cast a glimmer of light on their shadowed sexuality and undertones of powerful beauty. People finally saw a true reflection of themselves and their lovers. It was a bold move. He drew women out of their social cage and put them on stage as innocent magician like creatures. They did not fully realize the effect they had on the men. Men, soShow MoreRelatedLiterary Sch olarship And Criticism Of Shakespeare s The Invention Of The Human 1309 Words   |  6 Pagesis able to express himself more vividly and memorably than anyone else in the language† (p. 7). J.J.M. Tobin’s three components of Shakespeare’s artistry will serve as the anchors for exploring how four of Shakespeare’s prominent tragedies, Hamlet, Othello, Macbeth, and King Lear, demonstrate the faculty of Shakespeare’s expertise. 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The Ada and Disability Related Harassment Free Essays

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