personnel Law & Ethic

HRA 545 – Case Assignment 6
Read each case scenario and analyze using the IRAC method. You need to use the required IRAC formula: Issue Rule Analysis Conclusion. Please label each section individually and isolate that section. Each section of your Analysis should build on the previous section (that is why you should label each section). Doing this allows the reader to understand the flow of legal analysis you are applying to the facts given to you. The “Issue” portion of your analysis should only focus on the legal issue involved in the case. It is usually 1 sentence that is just the question that you are presenting to the reader. In other words, present the question that you believe is at issue. You should then answer that question in the “conclusion” (YES or NO helps with clarity before you go into your rationale).

Case #13
Casey Martin is a professional golfer and also an individual with a disability as defined in the Americans with Disabilities Act of 1990 (ADA).Since birth he has been afflicted with Klippel-Trenaunay-Weber Syndrome, a degenerative circulatory disorder that obstructs the flow of blood from his right leg back to his heart. The disease is progressive; it causes severe pain and has atrophied his right leg. During the latter part of his college career, because of the progress of the disease, Martin could no longer walk an 18-hole golf course. Walking not only caused him pain, fatigue, and anxiety, but also created a significant risk of hemorrhaging, developing blood clots, and fracturing his tibia so badly that an amputation might be required. For these reasons, Stanford made written requests to the Pacific 10 Conference and the NCAA to waive for Martin their rules requiring players to walk and carry their own clubs. The requests were granted.

When Martin turned pro and entered the PGA Tour’s Q-School, the hard card permitted him to use a cart during his successful progress through the first two stages. He made a request, supported by detained medical records, for permission to use a golf cart during the third stage. PGA Tour refused to review these records or to waive its walking rule for the third stage.

Question: Is allowing use of a golf cart a reasonable accommodation for a professional golfer with a disability that restricts him from walking substantial distances? Explain.

Case #14
Eastern Associated Coal Corp. and United Mine Workers of America are parties to a collective-bargaining agreement with arbitration provisions. The agreement specifies that, in arbitration, in order to discharge an employee, Eastern must prove it has “just cause.” Otherwise the arbitrator will order the employee reinstated. The arbitrator’s decision is final.

James Smith worked for Eastern as a member of a road crew, a job that required him to drive heavy truck-like vehicles on public highways. As a truck driver, Smith was subject to Department of Transportation (“DOT”) regulations requiring random drug testing of workers engaged in “safety-sensitive” tasks.

In March 1996, Smith tested positive for marijuana. Eastern sought to discharge Smith. The union went to arbitration, and the arbitrator concluded that Smith’s positive drug test did not amount to “just cause” for discharge. Instead, the arbitrator ordered Smith’s reinstatement, provided that Smith (1) accept a suspension of 30 days without pay; (2) participate in a substance-abuse program; and (3) undergo drug tests at the discretion of Eastern (or an approved substance-abuse professional) for the next five years.

Between April 1996 and January 1997, Smith passed four random drug tests, but in July 1997 he again tested positive for marijuana. Eastern again sought to discharge Smith. The union again went to arbitration, and the arbitrator again concluded that Smith’s use of marijuana did not amount to “just cause” for discharge, in light of two mitigating circumstances. First, Smith had been a good employee for 17 years, and second, Smith had made a credible and “very personal appeal under oath concerning a personal family problem which caused this one time lapse in drug usage.”

The arbitrator ordered Smith’s reinstatement provided that Smith (1) accept a new suspension without pay, this time for slightly more than three months; (2) reimburse Eastern and the union for the costs of both arbitration proceedings; (3) continue to participate in a substance-abuse program; (4) continue to undergo random drug testing; and (5) provide Eastern with a signed, undated letter of resignation, to take effect if Smith again tested positive within the next five years.

Question: Is the arbitrator’s decision to reinstate a driver who twice tested positive for drugs arbitrary and capricious? Explain.

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Violating a Mealtime Norm

Evaluate results of norms associated with consuming food, then violate one of them: What mealtime norm was chosen? what is significance of norm? What setting? How did it make me feel? How did I respond to others reaction? How strong of an influence do mealtime norms have? Describe how functionalist and conflict perspectives expand our understanding of eating and restaurants in the U.S.? (guidelines for essay)

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Article review

The report should be approx 750 to 1,000 words. The critique should briefly summarize the articles purpose and present the students view on the topic. The student should also explain why the article is relevant to Cost/Management accounting. Ensure the writing is professional, well thought out and provide support for your arguments.

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Services capes report

This is a peculiar Hospitality Report. The organization in the report must be IN AUCKLAND NEW ZEALAND.

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Five people you meet in heaven

tittle book is “Five people you meet in heaven”
requirements:
1- summary for first 150 pages
2- no quotation

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narrative writing

Project #1: WHERE ARE YOU FROM? DISCOURSE COMMUNITIES AND IDENTITY
A Literacy Narrative
Project Details:
Length: 3 pages, double-spaced; 12 point Times New Roman Font; 1″ margins on all sides-MLA format; and Stapled
Points: 50
Due: October 2, 2014

Introduction:
As we walk around town or campus, there are a number of external features that can mark us as other: the clothes we wear; the bags we carry; the color of our hair, eyes, skin; the language we speak. But, what about where we are from? What about the story of our lives or the events that have impacted our identity? How do we begin to write about these occurences?

Task:
To begin this essay, you must first consider the work that you previously performed in Part A of this project. Now consider your exploration of campus and the many different types of writing that you explored in each location or discourse you examined and selected for your essay. Keeping this in mind, how has your identity been impacted by this new environment-UCCS?
Using personal experiences-memories, stories, and a variety of other textual artifacts, you will first investigate how your identity has been represented, i.e. who you are and where you are from? Most importanty however, you will then examine changes in your identy and how these are a direct result of your time here at UCCS-what has impacted who you are; you will also analyze how these representations and changes in identity support and/or contradict your observations and experiences of the larger discourse community-UCCS.

Learning Outcomes
• Demonstrate your ability to connect personal experience within a larger discourse community
• Reflect on your experiences and demonstrate development as critical reader and writer
• Recognize and produce familiar argumentative genres-narrative type arguments
• Produce a literacy narrative with a situation-appropriate focus or controlling idea
• Use conventions of format and structure appropriate to the rhetorical situation, including being able to move beyond formulaic structures (e.g. not a five-paragraph essay)
• Use conceptual terminology in analyzing a rhetorical situation

Expectations/Evaluation Criteria
• Essay analyzes the way that a specific situation or event impacted the identy of the writer and estalishes a literacy narrative type argument as discussed in class
• Essay develops an argument that analyzes the connections between identity and discoure communities AND considers how identity is affected by others’ perceptions
• Essay makes use of PRIOS analytical tool and also of Aristotelian Argument Structure: Claims, Reasons, and Evidence

Theoretical Readings
Douglas, Fredrick. “How I learned to Read and Write.” Language Acts. Eds. UCCS Rhetoric and Writing Program. Southlake, Texas: Fountainhead Press, 2014. 102.

Outlining Your Narrative
Try applying this structure to your own writing: write sentences for the corresponding elements of your introduction, body paragraphs, and conclusion in the space provided below.
Introduction:
Begin your paper with a“hook” that catches the reader’s attention and set the scene. Where is the event set? What time of year? How old were you when this happened?
State your thesis: what you learned, or how the event is significant to you ***This is the argument section of the assignmet prompt, i.e. how UCCS has impacted your identity.
Body paragraphs: write three significant moments from the beginning, middle, and end of the event.
Para. 1:
Beginning Action Topic sentence:
Detail 1.
Detail 2.
Detail 3. Note:
Don’t forget to “Show, Don’t Tell”:List sounds, smells, sights, tastes, and textures that you remember.
Y our experience is your “evidence”. Usetransition words to mark thepassage of time.
Para. 2:
Middle Action Topic sentence:
Detail 1.
Detail 2.
Detail 3.
Para 3:
**End Action Where you are at now, UCCS Topic sentence:
Detail 1.
Detail 2.
Detail 3.
Conclusion:
Writing Strategies to Consider
First Person vs. Third Person Narratives are a mode of writing in which writers often use first person perspective (“I saw”, “I did”) “I” when telling your story.
*Verb Tense: Reporting vs. Reflecting The events of most narratives are told in past tense: “As I hiked, I felt the warm sun on my back.” Use present tense when reflecting on the events: “Now I know how unprepared I was”.
Notice the change in tense in this sentence as the writer reflects on the past event, from the present

Writing a Literacy Narrative
A literacy narrative is telling a story. To be exact, it is giving an account of an experience, most
likely a personal one, which tells about a time when reading and/or writing helped you to learn
something significant. The main idea of a literacy narrative is to speak about a time you were
able to learn and grow from a specific experience.
When writing any sort of essay or paper, it is always necessary to do the following:
Pick a topic that you feel very strongly about but are willing to share.
Title your paper (something suitable to your topic)
Engage the reader (“Show” the reader rather than “telling” the reader.)
Give vivid descriptions throughout the essay. Use
sensory details, such as what you see, smell, touch, etc.
Include dialogue, but use it sparingly.
Dialogue is most effective when it is only used for key moments. Remember to punctuate dialogue correctly. For example:
“I don’t know what happened, but I’m not going to give up,” Jasmine said.
Know that an important tool in narratives is imagery, which can be defined as visually
descriptive language. These details are important because recalling a day such as this shows
it’s importance to you, allowing the reader somewhat of an emotional connection to the event.
This method is called reflecting. Whenever you’re writing an essay that involves something
from you past, it is vital that you ask yourself these following questions:
1. What do I want to do?
2. What made me want to start doing this?
3. What were the important details of this event?
4. How do I fill in the missing blanks?
5. What can I say to have a solid finishing point?
Here’s a Brief Example: When I was seven years old, my father’s car got a flat tire during a
snowstorm. Luckily the heat was working so we didn’t freeze to death as we waited for my
Uncle Denny to come and help us out. I remember hating that red 1997 Hyundai for one simple
fact; the radio didn’t work. My dad began to hum the lyrics to one of my favorite songs,
Ribbon in the Sky, by Stevie Wonder. Instantly I began to sing the words, just as I did to myself
whenever I took a shower, thinking nothing of it of course. But as the words freely flowed out, I
saw my father’s jaw drop in awe of my voice. That was the moment
was destined to be a singer.
Follow these rules and you will certainly write a successful paper.

Has to be 5 paragraphs

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mod 4 case

In Case 4, you will continue with the Nadler-Tushman Congruence Model to assess an organization’s outputs. Nadler and Tushman identify outputs as existing at the individual, group, and organizational level. They also emphasize the importance of identifying the outputs that the organization desires vs. what is actually achieved.

Required Reading

Nadler, D. A. & Tushman, M. L. (1980) A Model for Diagnosing Organizational Behavior. Organizational Dynamics, 9 (2), 35-51. Retrieved on November 7, 2012 from EBSCO.

For Case 4, focus on the Outputs aspect of this model. Read pages 43 to 51.

Outputs are not complicated to understand. At the Organization level, they are the products and services that are provided to its customers. (It can also be the value provided to its owners, but we are not going to consider this here.) The primary way that a company measures its performance is financially: Sales, Profit, Return on Sales (ROS), Return on Assets; and also via market share.

The organization is made up of various groups. One way to look at groups is by functional area: marketing, operations, purchasing, etc. Another way, if the company is large, is by its various divisions or by its product groupings. Here it becomes a little more complicated to measure performance, but it is possible by defining the goals and objectives of each group.

The bottom level of the organization is the individual. Each person has a job description and is responsible for specific outputs for that job. The main method of performance measurement here is individual productivity: Outputs/Inputs (e.g., widgets/hour, or reports/day). This is more difficult to quantify and for a specific company is difficult to obtain, since this data is not generally reported. Sometimes you can infer some individual measures, for example, by dividing Profit by the number of total employees, to get a measure of overall profitability per person.

However, if you need a refresher on various theories (product life cycle, pricing, price elasticity, market saturation, product development, etc.) there are a multitude on the Internet.

Once again, refer to the Useful Internet Sites resource list for the course.

Module 4 – Case
Assignment Overview
XCG
THE EXCELLENT CONSULTING GROUP
COMMUNICATION FROM ART:
Onward to the next project: Outputs of Whole Foods Market. As I indicated before, this is a follow-up using the Nadler-Tushman Congruence Model.
We need to analyze how Whole Foods Market has been doing in terms of its performance and how it stacks up against its goals. We will do this at three levels: the overall organizational level, the group level, and the individual level. The Congruence Model explains this well. You should be up to speed on this model.
The executives want to know how congruent the outputs are across the three levels. Given your analysis of performance at each of the three levels, are the interactions of these outputs congruent – highly, somewhat, or very little? Make this determination and support it with a logical argument using the information that you obtain about Whole Foods Market’s goals and performance.
REQUIRED READING:
Nadler, D. A. & Tushman, M. L. (1980) A Model for Diagnosing Organizational Behavior. Organizational Dynamics, 9 (2), 35-51. Retrieved on November 7, 2012 from EBSCO.
Case Assignment
Use the Nadler-Tushman Congruence Module to analyze Whole Foods Market’s outputs. Start with the Organizational Level. Identify the Outputs – what does it produce and sell? What are its goals? How has it been performing? Then go the group level. What are some groups that Whole Foods Market identifies, and the goals and performance of these groups. Finally, discuss the Individual level. Here you will find it difficult to get much detailed information, so identify five to seven key jobs and their outputs. How can the performance of these jobs be measured? Finally determine the congruence of the outputs and make a strong argument for your case.
Be sure to include references. Turn in the 5- to 7-page paper by the end of the module.
KEYS TO THE ASSIGNMENT:
In order to make your case you need to identify the outputs of the organization at each of three levels. Also identify the goals that it has set and its current performance. Include the following:
� Outputs at the organizational level are the products and/or services that it provides to its customers. What are these and how does the company categorize them? How does it measure its organizational performance (e.g., sales, net profit, return on sales, return on assets, market share, customer satisfaction, etc.). Provide some specific performance data.
� What are some ways the company identifies groups? For example, are there geographic groups (or divisions), functional groups, etc. What are the outputs of these groups? How does it (or how might it) measure performance of these groups?
� What are some of the key individual functions, and what are their outputs? How do these outputs contribute to the group outputs? How do they measure individual performance?
� Evaluate how the outputs at the different levels interact with each other. Determine if you think the congruence of the outputs is high, medium, or low. Then make a strong case. It is very important that you support your position with evidence and information that you have discussed earlier in the report.
Assignment Expectations
Your paper will be evaluated on the following seven points:
� Precision – Does the paper address the question(s) or task(s)?
� Breadth – Is the full breadth of the subject, that is, the Keys to the Assignment, addressed?
� Depth – Does the paper address the topic in sufficient depth and include the background reading and other background resources as references?
� Critical thinking – Is the subject thought about critically, that is, accurately, logically, relevantly, and precisely?
� Clarity – Is the writing clear and are the concepts articulated properly? Are paraphrasing and synthesis of concepts the primary means of responding to the questions or are points conveyed through excessive use of quotations?
� Organization – Is the paper well written? Are the grammar, spelling, and vocabulary appropriate for graduate-level work? Are headings included in all papers longer than two pages?
� Referencing (citations and references) – Does the paper include citations and quotation marks where appropriate? Are the references from the background readings and assignment present and properly cited? Are all the references listed in the bibliography present and referred to via citation?
TIPS AND SUGGESTIONS
� You may use a simple diagram to highlight important factors. However, do not use the diagram in lieu of valuable analysis (or to take up writing space) – it should be in addition to your 5-7 pages of analysis.
� Just because you have written the minimum four pages does not mean that you have adequately covered the topic. Err on the side of writing more rather than less.
� Choose the data you use carefully. Is it relevant and important?
� Include a cover page and reference page, in addition to the 5 to 7 pages of analysis described above.
� Include headings within the paper.
� Cite and reference all sources that you use in your work, including those that you
� paraphrase. This means include citations and quotation marks for direct quotes of more than five words, and citations for that information which you have “borrowed” or paraphrased from other sources.

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Recruitment Selection Placement

This assignment is explained over the next two pages. Respond to the following Ethical Issue. You should expect to take 2-3 pages (double-spaced, 12 point font) for your response (not including any necessary reference pages). Be sure to respond to all parts of the issue.

Once the application and resume review process is over, your organization has candidates take 1) a cognitive ability test, 2) a work-sample test, 3) a personality test, and 4) a structured interview. Your boss says it is time to reevaluate how these procedures are weighted and what cut scores should be for each, based on concerns about potential discrimination.

Issues to consider:

•Discuss what method you would suggest for:
Weighting each procedure
Setting cut scores
Making final hiring decisions
•Discuss the ethical implications of your methods:
Why are your methods ethical?
What ethical limitations remain if your organization uses your methods?
How would you explain the reasoning behind your methods to hiring managers?

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Violating a Mealtime Norm

Evaluate results of norms associated with consuming food, then violate one of them: What mealtime norm was chosen? what is significance of norm? What setting? How did it make me feel? How did I respond to others reaction? How strong of an influence do mealtime norms have? Describe how functionalist and conflict perspectives expand our understanding of eating and restaurants in the U.S.? (guidelines for essay)

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1980s International Debts Crisis

Outline the cause of the 1980s International Debts Crisis. Your answer must critically evaluate the response of policy makers.

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