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†. George Washington was one of the American elites to join the Freemasonry society, their intentions weren t to better themselves but to mimic the â€Å"English gentill behavior†, even though the organization actually ending up contributed to the development of the American Revolution. Through the start of this organization George Washington and many of the American elites policies were influenced to what we know them to standRead MoreEssay george washington1077 Words   |  5 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;Born in Westmoreland County, Va., on Feb. 22, 1732 . George Washington of six children of Augustine Washington and his second wife, Mary Ball Washington. At the age of 16, he lived there and at other plantations along the Rappahannock and Potomac Rivers, including the river later to be known as Mount Vernon. His education was simple, as surveying, mathematics, and quot;rules of civility.quot; After he lost his father in 1743 at the age of eleven. He was soon sent to live with his halfRead MoreHis Excellency- George Washington Book Review Essays1557 Words   |  7 PagesHis Excellency: George Washington Joseph Ellis sets out to make George Washington, the person we think of as an icon, into a real person. He wants to show us what makes him tick. He wants to turn the marble into the man. So many students today see George Washington as a memorial, a monument, a face on a dollar bill, and the man who could not lie when he cut down the cherry tree. He wants to show us the man George Washington was in his day. Ellis’s method was to divide George Washington’s lifeRead MoreEssay on The Great Masonic Nation, USA1884 Words   |  8 PagesThe Great Masonic Nation, USA Freemasonry The freemasonry defines itself as a discrete symbolic and nonreligious philosophical and philanthropic initiatory institution, founded on a sense of brotherhood. Its objective is the search for truth and promote the social and moral development of human beings, in addition to social progress. Masons are organized into structures called base lodges, which in turn can be grouped into a higher-level organization usually called Grand Lodge, Great EasternRead MoreThe Hamilton Grange National Memorial1530 Words   |  7 PagesThe historical site that I have decided to expand my research on is, the Hamilton Grange National Memorial located in Harlem, New York. This site was the home of Alexander Hamilton, one of the seven foreign-born Founding Fathers of the United States of America. He had a great influence on the foundation of the United States of America, the United States constitution and the Federalist Party. He was a Military officer, lawyer and member of the US constitutional con vention, an American politicalRead MoreThe Revolutionary War : A Successful Revolt Against The British Reign And Formed A Whole New Nation1615 Words   |  7 Pagesdiplomatic opportunities came and choices were made, such as the Olive Branch Petition and forming an alliance with France; moreover, this would have been possible with out the great leadership of our founding father, Benjamin Franklin, and the ideal image of leadership from the honorable George Washington, allowing a movement so great it consecrated a successful revolt against the British reign and formed a whole new nation. During the 1770s Britain oppressed the colonies in an attempt to dig their wayRead MoreEssay on James Madison1503 Words   |  7 Pagesinfluential to establish the United States. James Madison is considered Father of the Constitution of the United States. He became one of the leading theorist of the republican government. Madison attended the college of New Jersey, which is now Princeton. He urged greatly for independence and a stronger nation for the United States. He also became the fourth president of the United States. Madison, an American Statesmen had great knowledge of understanding government. In 1776, Madison was electedRead MoreHist 1012296 Words   |  10 Pages A Man of Honor George Washington was the first president of the United States and is known as â€Å"the Father of Our Country. He was a man with much conviction, humility, and integrity. George Washington trusted in God, was willing to sacrifice much, and he was selfless. All of these qualities were important to his success as a military leader and as the leader of the nation. It is apparent by how revered Washington is today that he was a man of honor. George Washington begin life in VirginiaRead MoreThe War Of The American Revolutionary War1104 Words   |  5 Pagesfreedom against the â€Å"Red Coats,† also known as, British Troops. Some of the important people started assembling together to be able to write a declaration of independence from Great Britain. The assembly, was claimed to be one of the greatest assemblies ever in American history. Before they could officially assemble for this grand meeting of congress, a series of events had to take place, which involved persuading others to come and be part in it. †¢ On June 7th, 1776, a Congress meeting in Philadelphia

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

Sex in Othello and Hamlet Essay - 4016 Words

Sex debases men. They begin to struggle when they feel they are losing control of their emotions in any way. For a woman to easily change the way a man feels or the way he acts just by being female and attractive is enough to drive men insane. William Shakespeares plays, Othello and Hamlet, demonstrate on paper, on film, and in other art forms that female sexuality and beauty are a threat to patriarchal society and that they must be controlled. Showalter affirms this in her essay by quoting David Laverenzes essay, The Woman in Hamlet. In this essay he asserts that, Hamlets disgust at the feminine passivity in himself translated into violent revulsion against women and into his brutal behavior toward Ophelia (Showalter 222). As men†¦show more content†¦This way we are able to see the impression that the text is making on individual artists. In my analysis, I have found that each type of art works in a different way to reinforce the theme that female sexuality intimidates men. 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. Through the lens of Tobin’s analytical â€Å"ebullition† of Shakespeare’s work, this paper seeks to expand and qualify the magnetic aura that is Shakespeare; his ability toRead MoreThe Significance of Death and Sex to William Shakespeare1482 Words   |  6 PagesThe Significance of Death and Sex to William Shakespeare In this essay, I will consider Death and Sin in Shakespearean drama and I would like to look at three of Shakespeares tragic plays: Hamlet, Othello and King Lear. Shakespeare uses many themes in all his play that attract audiences throughout history. The things he wrote about are as relevant now as they were in his time. Death and Sin were issues that are always around. In his plays, Shakespeare could comment on these things andRead MoreShakespeare Gender Stereotypes1049 Words   |  5 Pagesexpectations were held at a higher standard for both men and women. A time when what gender you were dictated what you could and could not do. Male supremacy ruled the world, and therefore women were subjected, â€Å"‘To suckle fools and chronicle small beer.’† (Othello 2.1.132) This means that the woman’s only responsibilities in life was to nurse her children and take care of her home. These kinds of gender stereotypes greatly impacted Shakespeare’s plays because it was a shared belief among the majority of theRead More Comparing Heroes and Villains in Measure for Measure, Othello, and Hamlet2339 Words   |  10 Pages Heroes and Villains in Measure for Measure, Othello, and Hamlet According to John Steinbeck, Heroes are innocent; villains are cunning. This statement likely regards the internal aspects of characters, such as intellect, reasoning/motivation, and morality/responsibility, as indicated by consistency in action and/or articulation, as in direct speech or soliloquy. An examination of the heroes and villains in Measure for Measure, Othello, and Hamlet can determine whether Steinbecks generalizationRead More Madness and Insanity in Shakespeares Hamlet Essay964 Words   |  4 PagesHamlet - A Question of Madness      Ã‚   Hamlets public persona is a facade he has created to carry out his ulterior motives. The outside worlds perception of him as being mad is of his own design. Hamlet is deciding what he wants others to think about him. Polonius, a close confidant of the King, is the leading person responsible for the publics knowledge of Hamlets madness. The idea that Hamlet is mad centers around the fact that he talks to the ghost of his dead father. He communicates withRead More Comparing Macbeth, Hamlet, and Othello Essay2768 Words   |  12 PagesComparing Shakespeare’s Macbeth, Hamlet, and Othello  Ã‚      Shakespeare’s tragedies were extremely popular in Elizabethan times and today. A tragedy is described as â€Å"a sad, serious story or play, usually ending with the death of the hero. A disastrous, fatal or dreadful event.† By comparing the three plays, Macbeth, Hamlet and Othello it is possible to see how he has used techniques appropriate to tragedy and how he applied them to his plays. The opening of the play is significant because itRead MoreWilliam Shakespeare s The Ghost 2757 Words   |  12 Pagesbecause we can never find any conclusive textual references. In the Ghost’s encounter with Hamlet, he calls his ex-wife his ‘most seeming virtuous queen’. What’s more, he bids Hamlet to ‘Leave her to Heaven/ And to those thorns that in her bosom lodge/ To prick and sting her.’ Although these words suggest that Gertrude is blameworthy of some crime, the verdict of her complicity in the murder of late King Hamlet and of her involve ment in conspiring with Claudius to usurp Prince Hamlet’s ascendancy stillRead More Macbeth and Othello Essay2866 Words   |  12 PagesMacbeth and Othello â€Å"Upon my head they plac’d a fruitless crown And put a barren sceptre in my gripe, Thence to be wrench’d with an unlineal hand, No son of mine succeeding† (Macbeth, III.i.62) â€Å"Renew I could not like the moon† (Timon of Athens, IV.iii.68) What distinguishes Macbeth and Othello from other tragedies is the fact that their protagonists are neither fathers nor sons, mothers nor daughters. We know nothing of Macbeth or Othello’s parents, and neither of them hasRead MoreWomens Role in Shakespearean Tragedy1742 Words   |  7 Pagesconsidering society of that period. For example, Hamlet has an interestingly strong female in it. Queen Gertrude, widow of Old Hamlet, remarried to Claudius, has a type of conditional strength. When she and Claudius get married, that alone takes a lot of guts. Her marriage so soon after her husband‘s death would be subject to gossip in the people she was ruling. In this play the negative view toward the women is exhibited by Hamlet. He says harsh things to women and treats them as if theyRead More The Role of Women in Shakespeares Tragedies Essay1700 Words   |  7 Pagesprovocative, considering society of that period. For example, â€Å"Hamlet† has an interestingly strong female in it. Queen Gertrude, widow of Old Hamlet, remarried to Claudius, has a type of conditional strength. When she and Claudius get married, that alone takes a lot of guts. Her marriage so soon after her husband‘s death would be subject to gossip in the people she was ruling. In this play the negative view toward the women is exhibited by Hamlet. He says harsh things to women and treats them as if they

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

Marketing Communication Leading Business Advertisement

Question: Describe about the Marketing Communication for Leading Business Advertisement. Answer: Introduction In this research study, an IMC plan for a selected company (Myer Holding Limited) would be developed. Additionally, this research paper would also discuss and analyze the background information, products/services/marketing objectives of the selected company. Furthermore, this study would also provide detailed information about the audience segment analysis of Myer Holding Ltd. On the other hand, advertising/ communication objectives would also be analyzed in order to achieve the aims and objectives of this research paper. At the same time, by selecting alternative styles of creative advertising, communication objectives ethical issues would also be explained. At the same time, a media plan would be developed by selecting various media vehicles. Finally, details about the measurement of IMC plan effectiveness would also be analyzed. Hence, all these are the key objectives and aims of this research paper that would be discussed during the study of this paper in order to reach a valid o utcome or conclusion. Background Information about the Company Company, Products/Services: Generally, Myer is also known as Myer Holding Limited that is one of the largest and leading department store chains that provides a wide range of products/services at the low costs to their customers. In addition to this, it is also the biggest retail company of the Australia in term of total sales, revenue, market share, number of customers etc. Moreover, the company was developed by the Sidney Myer in the year 1899 as a departmental store. In the current time, the company has a wide range of product categories including children's, women's, men's clothing. It also provides different accessories, footwear, fragrance, cosmetics, furniture, homewares, bedding, stationery, toys, books, travel goods, electrical items etc. At the same time, it is also accessed that, the company is well known for its wide variety of goods, quality and customer services. On the other hand, it had developed maximum retail store in the nation as compare to other retail companies. Hence, it is of the leading and fast growing retail company of the Australia (Myer Holding Limited. 2016). Marketing Objectives: Todays different kinds of long and short term and SMART marketing objectives are developed by the company in order to compete in the industry and gain competitive advantages. For example, the following are the key marketing objectives of Myer: To increase the total market share in the Australian retail industry by introducing and offering unique, new and quality products and services to the customers To enhance the customer base by offering value To improve the level of sales in next two financial years To improve image, brand awareness and identity of various products in the market To attract a number of customers from the market by motivating and encouraging them to purchases (Myer Holding Limited. 2016). To offer quality products with easy convince at the lower cost as compare to others To create a strong relationship with the customers and enhance customer satisfaction rate To fulfill social marketing goals by understanding and analyzing the needs and wants of customers (Boone, and Kurtz, 2011). All these are the smart marketing objectives of the company that assists the organizations in reducing the marketing costs and enhancing the organizational efficiency and attaining the competitive scope. Target Audience Segment Analysis Basically, a target strategy is used by the Myer Holding Ltd in order to select potential customers for their products or services. According to this, the company chose most valuable and appropriate customers from the segmented market in order to understand needs of customers for the products or services. For example, in the current time, the company uses different target strategies and methods to understand the needs and wants of their customers. For instance, Myer target its customers by using geographic segmentation. It also uses social marketing practices and strategies in order to target their customers for the particular product or service (Farris, Bendle, Pfeifer, and Reibstein, 2010). On the other hand, the company is also using various kinds of promotional as well as marketing strategies to target the customers. For instance, direct mail, public relation, exhibition, internet, use of social media, sales promotion, advertising etc are the major promotional methods used by Myer in order to target the customers and create awareness in the minds of customers about the products and services. It also promotes loyalty as well as goodwill to target their customers from the market effectively (Ouwersloot, and Duncan, 2008). At the same time, the company is also use segmentation marketing strategy by which it divides a broad target market into subsets of consumers with common interest, needs and priorities. Moreover, it is also found that, segmentation is adopted by the Myer as a marketing method that helps it in accessing the requirements, wants and needs of their customers. For example, Myer is using a geographical segmentation strategy and analyze the needs and wants of their customers on the basis of geographical elements (Ferrell, 2012). This is assisting the company in expanding the business operations, communicating, improving the productivity, and focusing on the strategic vision and mission. This segmentation strategy is also offering opportunity to Myer and the company is able to expand its business. Along with this, the company is also use Behavioral segmentation, psychographic segmentation, and demographic segmentation marketing strategies (Aaker, Kumar, and Day, 2008). Communication/advertising Objectives The following are the key and fundamental communication objectives such as: Introducing new and innovative brand at the lowest price to a broadly-targeted market by using promotional tools Raise create brand awareness and develop brand image Modifying the negative perceptions of the customer by motivating and creating value for them (Shimp, 2008). To affect the buyer behavior of the current and potential customers To educate the customers effectively about the new and existing products or services Alternative Styles of Creative Advertising There are different kinds of alternative styles of creative advertising that can be used by Myer in order achieve communication objectives in ethical manner. For case, emotional, generic, unique value proposition, brand image and preemptive creative styles are the major alternative styles of creating advertising. Moreover, generic creative styles would be used by the company along with the product category in order to develop the demand and needs for its own promotion (Winer, 2009). For instance, Myer should use an innovative slogan for the purpose to promote its various retail products. This strategy would help the company in adding attributes to the product category and the company would be able to attain its marketing objectives ethically. On the other hand, USP (unique selling proposition) can also be used by Myer by differentiating their products as compare to others in term of product quality, feature, price, value etc. Hence, both these styles must be used by the company in or der to deliver ethical message for the customers effectively (Lancaster, and Massingham, 2010). Developing Media Plan Generally, a media plan can be defined as a plan or an innovative and dynamic process of creating and developing the best suitable and exact media vehicles to be used for the advertising. In the same way, it is a specific process by which most cost effective media vehicle is selected for the adverting in order to fulfill the marketing goals and reach the target customers. On the other hand, it is found that, there are four stages required to develop a specific and appropriate media plan such as: explaining the objectives of media, accessing the media, choosing and using the best media and developing the budget (Kurtz, Mackenzie, and Snow, 2009). The media plan has different objectives including reach, Frequency, selectivity, impact, cost and continuity. Along with this, it is analyzed that, a media plan should have different specific elements such as: explaining the problems associated with the marketing, interpreting the needs of marketing into attainable media objectives and explaining the media solution by formulating media strategies. In addition to this, it is also important to know that, there are various types of media vehicles that used by the companies to communicate the message to their target customers. For example, the main media vehicles are Radio, Outdoor billboards, TV, Newspapers, Direct mail, catalogs, brochures, handouts, samples, Public transportation, Yellow Pages, Magazines etc (Kelley and Jugenheimer, 2008). Moreover, in order to achieve the objectives and creative strategy, the selection of best and appropriate media would be based on advertising campaign, costs, budget, and target markets/audience. Additionally, it can be suggested that, the company should use social media as well as internet in order to target the customers and attain the marketing goals effectively. For case, the company, Myer should use internet as well as social media tools in order to target and reach millions of customers. In the same way, by using digital media, the company would be able to improve customer base and fulfill core marketing goals and objectives (Pride and Ferrell, 2008). Moreover, such media are most cost and time effective as compare others. For example, in the current time the use of social media is increasing the people spent most of their time on social media so it would be beneficial for the company to easily target their customers. Moreover, this media would help the company in creating the brand awareness and image of the company in the front of millions of people across the national boundaries (Ferrell, 2012). At the same time, the Myer should also focus on using social media tools including banners, social sites, and mobiles, online advertisement in order to target their customers and create a unique image of their products (Schau, Muiz and Arnould, 2009). It is because digital media have capacity to attract more customers for the product at the best possible cost. Along with this, online advertising may also be most beneficial and effective for the company to create strategies and achieve marketing goals effectively. For example, according to this media, the company should use online search engines such direct mail, google to reach millions of customers (Pride, Hughes, and Kapoor, 2014). On the other hand, Myer can also focus on using TV media such as free to air TV on various channels in the peak timeslots attract the young and adults customers for the product. Hence, it can be said that, the company should adopt such media vehicle not only to attain marketing goals but also achieve competitive advantages in the market in an effective and proper manner. In this way, all these media vehicles would help the company in communicating with their key target market (Farris, Bendle, Pfeifer, and Reibstein, 2010). Measuring the Effectiveness of IMC Plan Today, measuring the success and effectiveness of an IMC plan is one of the major and significant tasks for the marketing manager. It is because, it provides strategic directions to the managers about how to attain long term marketing goals and creates best marketing strategies for the overall success and growth of the organizations. In addition to this, it should also be noted down that, there are several strategies, approaches, methods and ways that should be used by the marketing manager in order to measure the effectiveness and success of an IMC plan (Mooij, 2010). For example, in order to measure the effectiveness of IMC plan, the manager should use different tools such as: Google Analytics, Kissmetrics, Marketo, RapidMiner. All these techniques would allow the manager to access the effectiveness of IMC plan. In addition to this, the manager should also explore the responses of their customers on the advertising (Faarup, 2010). By analyzing the changes in the product preferences, the manager can also measure the effectiveness. Moreover, by watching regular reactions and response of the customers, developing communication goals, using customer response model, the manager would be able to access the success of an IMC plan (Faarup, 2010). Conclusion On the basis of above analysis, it can be concluded that, in the current time, to effective fulfill the marketing long term objectives; business firms should use and develop an IMC plan. On the other hand, a company must understand the importance and value of developing an IMC plan effectively. References Aaker, D.A., Kumar, V. and Day, G.S. (2008). Marketing Research (9th ed). India: Wiley-India. Boone, L.E. and Kurtz, D.L., (2011). Contemporary Business. (ed.). UK: John Wiley and Sons. Faarup, P.K. (2010). The Marketing Framework. USA: Academica. Farris, P.W., Bendle, N.T., Pfeifer, P.E. and Reibstein, D.J. (2010). Marketing Metrics: The Definitive Guide to Measuring Marketing Performance (2nd ed.). USA: Pearson Education. Ferrell, O.C. (2012). Marketing Strategy Text and Cases. (6th ed.). USA: Cengage Learning. Kelley, L.D. and Jugenheimer, D.W. (2008). Advertising Media Planning. USA: M.E. Sharpe. Kurtz, D.L., Mackenzie, H.F. and Snow, K. (2009). Contemporary Marketing (2nd ed.). US: Cengage Learning. Lancaster, G. and Massingham, L. (2010). Essentials of Marketing Management. UK: Taylor Francis. Mooij, M.D. (2010). Global Marketing and Advertising: Understanding Cultural Paradoxes. USA: SAGE. Myer Holding Limited. (2016). About Us. Available at: https://www.myer.com.au/[Accessed On: 19th Sep. 2016] Ouwersloot, H. and Duncan, T. (2008). Integrated Marketing Communications. USA: McGraw Hill. Pride, W., Hughes, R. and Kapoor, J. (2014). Foundations of Business (4th ed.). USA: Cengage Learning. Pride, W.M. and Ferrell, O.C., (2008). Foundations of Marketing. USA: Cengage Learning. Shimp, T.A. (2008). Advertising Promotion and Other Aspects of Integrated Marketing Communications. USA: Cengage Learning. Schau, H. J., Muiz Jr, A. M. and Arnould, E. J. (2009). How brand community practices create value. Journal of marketing, 73(5), pp. 30-51. Winer, R. S. (2009). New communications approaches in marketing: Issues and research directions. Journal of Interactive Marketing, 23(2), pp. 108-117.

My Bahamas Vacation Essay Example For Students

My Bahamas Vacation Essay The Bahamas, it was a trip of a lifetime. I went there with my girlfriend and a couple of other friends. We were all nervous because it was the first time any of us have flown. We finally got a chance to start boarding, after we arrived at the airport five hours early. Before boarding, we had to show the airport attendants our birth certificate. When I went to show them my birth certificate, they wouldnt let me board because mine was a copy and not the original. Luckily, after waiting for twenty minutes, they made a few calls and let me go. As we flew over the ocean the water was crystal clear and the sky was beautiful. I couldnt wait to get there, but after two and a half hours, we finally arrived in Nassau, Bahamas. We got off the plane and the weather was beautiful, it was 90 degrees and sunny. We walked in, got our luggage and had to go through customs. We went outside caught our bus and off we went to our resort. When arrived there everyone was very nice and respectful. Our first day their we planned to take a boat over to the Atlantis resort on Paradise, Island. The Atlantis is a resort known to have movie stars and athletes stay. I was only twenty years old when we went there, so I have never been to a casino. We all got to gamble, and I won $300 playing blackjack, it was a blast. The resort also had an underground aquarium with sharks and lots of other odd looking fish. The next few days we sat around the resort and went paralleling, and lots of other activities. Paralleling was an adrenaline rush and probably one of the funnier things I had done In my life. We also went downtown Nassau and that Is where they have a big flea market. The flea market had a lot of neat and different things down there. We spent the whole day downtown and later that night went out to a few dance clubs. The last two days we were there a hurricane was roaring In, while we were trying to get out. It was heading right for us. The night before we were taking off It got really windy and rainy. We were scared our flight would be delayed and that we would be stuck on the Island when the hurricane hit. Luckily, we got the clear to take off, although It was still rainy and windy. We made It back to Chicago, where It was 70 degrees and sunny. Although the hurricane was close, I thought It was the best trip Eve ever taken and hope to go back sometime. My Bahamas Vacation By Expressway Contributor things I had done in my life. We also went downtown Nassau and that is where they The last two days we were there a hurricane was roaring in, while we were trying to get out. It was heading right for us. The night before we were taking off it got would be stuck on the island when the hurricane hit. Luckily, we got the clear to take off, although it was still rainy and windy. We made it back to Chicago, where it was 70 degrees and sunny. Although the hurricane was close, I thought it was the best trip