Thursday, November 14, 2019
Civil Engineering Essay -- essays research papers
CIVIL ENGINEERING Ã Ã Ã Ã Ã Civil engineering is the oldest of the main branches of engineering. Civil engineers use their knowledge to supervise and plan construction projects such as roads, airports, bridges, canals, tunnels, and wastewater systems. They also collaborate with architects to design and construct various types of buildings. Some other civil engineering endeavors include highways, airports, pipelines, railroads, levees, and irrigation and sewage systems. Civil engineers try to design their structures to be functional, efficient and durable. Most of the projects civil engineers are involved with have an impact on the environment. They use their knowledge of the environment to create structures that are not harmful. These structures must also meet building codes and other regulations. Ã Ã Ã Ã Ã Civil engineers are usually contracted for their work and must have their designs approved by city and state officials. They will create a proposal for the job that includes estimation of costs, illustrations of designs, and specifications of the building. Ã Ã Ã Ã Ã To enter the field of civil engineering one must first earn a bachelor's degree in civil engineering. To obtain a position as a researcher or as a faculty member, one must earn a graduate degree. Many companies recruit engineers right out of college and post ads in magazines, journals, and newspapers as well as on the internet. Ã Ã Ã &n...
Tuesday, November 12, 2019
Blood and Thunder: Indians and Manifest Destiny
Perhaps the most striking part of Blood and Thunder is the famed and fabled Kit Carson himself. He begins the book as a duty-driven youth who is able to kill anyone or anything without a sense of remorse, likely because of his experiences with the harshness of life as a child. However, once he begins to have a familyââ¬âa real family, one he raises and takes care of and looks afterââ¬âhe begins to shift. Carson begins to balk at some killings, even going so far as to decry the killing of indian warriors at Carletonââ¬â¢s order. Whether it was the need to take care of his family or the need to find peace in the face of his increasingly failing healthy, Carson provides a look at the changes a man can undergo over the course of his life. He starts as one man, filled with certain ideals and desires, and over the course of his life, his goals and priorities shift. His sense of duty that was instilled in him from his childhood days fails him in his older age, leading him to increasingly attempt to leave behind the front lines and seek solace at home. This shift in character seems odd when the book is merely skimmed; however, the book structures Carsonââ¬â¢s life in a way that provides clear understanding of the changes. This was not an abrupt shift, nor was it a conscious one. This change, rather, came as a result of the overall human need to adjust, to shift with the changes that life presented. This change makes Carson truly feel like a ââ¬Å"real person,â⬠someone who isnââ¬â¢t merely a character from a book. It makes Carson human, and thus served to catch my attention. The second part of Blood and Thunder that caught my attention was the conflict between the American mentality and the mentality of the Native Americans who already lived in the area. As is noted throughout the book, the Native Americans could not understand the point behind many of the ââ¬Å"whiteâ⬠traditions that men like Carleton tried to impress upon them. The ââ¬Å"whiteâ⬠ways had no resonance with the Native Americans because everything differed between them. The concept of ââ¬Å"ownershipâ⬠of the land meant nothing to the Native Americans because they saw themselves as stewards, caretakers of the land. The concept of Christianity meant nothing to Native Americans because they came from a rich, diverse, usually polytheistic religion that held nothing that mixed with Christianity. The concept of a single spokesperson for an entire race of Native Americans (i. e. for the entire people [Navajo, Ute, Kiowa, etc. ]) broke the tradition of having spokespeople from many tribes forming a council for the people. This imposition of mentalities on Native Americans caused at least some of the breakdown in communication; however, there were some aspects that the Native Americans chose to learn and accept in order to deal with the white men. Showing their ability for change, the Navajos elect Barboncito, at the end of the book in the epilogue, to serve as their spokesperson to Gen. Sherman. This collaboration between the Navajo need for the separate tribes and the white menââ¬â¢s need for a single person to deal with led to the eloquent plea to Sherman that ended with the Navajo returning to their home lands.
Sunday, November 10, 2019
Speaking Out About Malt
Speaking Out about Malt Case 8. 3 Page 404-405, Moral Issues in Business The case of Whitewater Brewing and Mary Davis touches upon several views and moral issues that are not specifically black or white. Case 8. 3 specifically deals with a business called Whitewater Brewing Co. Whitewater Brewing, as its name sounds, is a manufacturer of alcoholic refreshments, selling its brands to various consumers. The article in particular focuses upon a specific Whitewater product, Rafter. Rafter is being targeted to match other similar products that are bottled in a 40 ounce size. The unfortunate part is that these 40 ounce size refreshments are not only popular with inner-city teenagers but in the area where Whitewater sells these 40 ounce products there is already a community alcohol related problem. Whitewater is not in foreign territory, numerous other companies already have sold similar products in the same area targeting the same clientele. More importantly due to its popularity this product produces good revenue for Whitewater. Enter into this scenario an employee of Whitewater Brewing Co. , Mary Davis, an Associate Vice President. Mary has decided to further her education and is attending a course at an outside school, with her husband who was pursuing his MBA. My intention is to try to determine whether or not Mary or Whitewater were following any ethical practices, determine why they made the choices they did, and to attempt to determine if there is any validity to their reasoning. Mary begins working on a term project studying the making of wine and beer. Research shows Mary that several companiesââ¬â¢ market products that are high alcohol based and sold at a very low price point, and not considered a premium product, strictly to satisfy a specific market niche. As Maryââ¬â¢s investigations continue she begins to insert her own feelings and viewpoints into her findings and her paper become a reflection of her personal viewpoints, and not necessarily those of her employer. For the opposite side of the case Whitewater Brewing is basically working like it should; trying to maximize profits for its shareholders marketing products to satisfy consumer needs. In this case, that need is a malt liquor sold in 40 ounce containers and targeted to specific customers. This is nothing new, as other businesses are already in this market. The one caveat here is that none of the companies markets their malt liquors under their name; almost to distance themselves from the negative social implications resulting from the sales of malt liquors, specifically to this target audience. Separately and apart neither Mary Davis or Whitewater marketing products would have been a ââ¬Å"Case 6. 3â⬠were it not for the fact Mary Davis IS an employee of Whitewater. More so it never would have bubbled to the surface had Mary Davis done what she did; which was to ultimately write an article for a paper discussing her personal views on malt liquors wherein she states, again her views, as to the social responsibilities of businesses that produce malt liquors. In stating her personal opinions Mary now has pitted herself again the views of the business. Because Maryââ¬â¢s article is viewed negatively by Whitewater, the CEO of Whitewater fears the article will have a negative impact to profits and to the product(s) they sell. They also feel this could lead to legislation that would ultimately result is direct product loss and loss of revenue. These would be fairly legitimate concerns for any business, in my opinion. So if a socially responsible company produces bad products are they bad? One can argue especially in the case of liquor manufacturers that there is heavy investment to provide a product that is intended for good use and that they aggressively help to pass legislation helping to address those who use their products in a negative manner. So morally and ethically Whitewater, in my opinion, is doing what they are intended to do. Specifically they are trying to make money, and to do so in an ethical manner. No company can be wholly responsible, in every circumstance (but in a specific few), for the immoral or unethical behavior of others utilizing their products. Ralph Jenkins, CEO of Whitewater, writes to Mary Davis to express the companyââ¬â¢s views on her behavior and to ask her to first clear all further comments (regarding her personal views on liquor production) with the business. Mary feels this to be an invasion of her right to free speech. Additionally Mary informs Ralph Jenkins that she seeks to pursue her article further and even speak at an engagement about her views (personal ones). Mr. Jenkins remains adamant that Mary adhere to his requests further escalating things to state she can either comply or resign. So does Davis have a moral right to free speech in the workplace, or can Whitewater determine the extent to her ââ¬Ëfreeââ¬â¢ speech? Also what would Davisââ¬â¢s best path ethical path be? The second is the easiest to answer so I will do that now. Davis could simply put resign, enabling her to champion her beliefs and become a martyr for her cause, as it were. As for the first question the answer is not a simple clear cut one, and ultimately will be an individual one. Currently there is already legal precedent that allows companies to require employees not to ââ¬Å"act or speak disloyallyâ⬠. Take the following case: In Korb v. Raytheon, 574 N. E. 2d 370, 410 Mass. 581 (1991), Raytheon terminated Lawrence Korb after receiving complaints of his public involvement in an anti-nuclear proliferation nonprofit known as the Committee for National Security (CNS) and his advocacy of reduced defense spending. On February 26, 1986 The Washington Post ran an article describing Korb's speech at a press conference held the day prior as ââ¬Å"critical of increased defense spending. â⬠Following the publication of the article, several military officials ââ¬Å"expressed their disapprovalâ⬠of Korb's comments. [77] Despite writing a letter of retraction which ran in The Washington Post, Raytheon terminated Korb's position after it continued to receive ââ¬Å"Navy, Air Force, and Armed Services Committee objections. [78] In adjudicating Korb's claim of wrongful discharge, the Supreme Judicial Court of Massachusetts found ââ¬Å"no public policy prohibiting an employer from discharging an ineffective at-will employee. â⬠His claim under the State Civil Rights Act was dismissed as well. In affirming the lower courtââ¬â¢s decision to dismiss, Justice Abrams wrote: ââ¬Å"Although Korb has a secured right to speak out on matters of public concern, and he has a right to express view s with which Raytheon disagrees, he has no right to do so at Raytheon's expense. [79] The above article shows one perspective of the courts on this matter. Furthermore Mary Davis needed to be sure her personal opinions could withstand the scrutiny of being challenged for slander, unless there was very strong specific data supporting her views. Despite Maryââ¬â¢s strong personal views, even if validated, she is in conflict by the very nature of working for Whitewater and having such strong personal views. She may have morally sound arguments about liquor products but she is ethically wrong then for working in the liquor industry. My view is that Maryââ¬â¢s intent, though ethically sound, is still less ethical than that of Whitewater. Mary attempts to peanut butter spread the first amendment right to free speech across the board, when in fact Whitewater too has rights and expectations within the first amendment. While Mary is entitled to do as she chooses outside of work; there are limitations when her choices can have specific negative impacts to her employer. And for these impacts she can be held accountable legally, despite her moral righteousness. In conclusion there is no clear path to moral righteousness and ethical behavior. What I feel is important is that in the end we can do either in a manner that withstands legal implication (much of it already established) and exercise our own personal moral conviction in a manner that does not leave us conflicted. QUESTIONS FROM THE BOOK. 1. Do you think Mary Davis acted irresponsibly or disloyally? I donââ¬â¢t believe at the time Mary Davis intended to act irresponsibly or disloyally; however Mary should have thought more about the big picture and talked with her management first about her intentions. This is a particularly tough issue; as this does touch upon the right to free speech. Depending upon what sort of agreement the company has with Mary would speak volumes as to her ââ¬Ërightsââ¬â¢ outside of work and expectations as to how she is expected portray her company. Mary also should have known that media sensationalism is what they are in business for. Her views were liable for their interpretation and hence liable to be misconstrued or mis-utilized; as they were. Does Whitewater have a legitimate concern about her speaking out on this issue? Maryââ¬â¢s concern is legitimate; of that there is no doubt. However as an emissary of her company she is responsible both inside work and outside work to present an image of her company that is positive. Or she could choose to work elsewhere. If Mary were to choose her moral high ground and leave the company she would be commended for her actions that follow her beliefs. Does the company have a right to abridge her freedom of expression? The company does have some right to abridge her freedom; particularly if they have a company handbook which specifies their expectations (within reason). Maryââ¬â¢s views and activities outside of work have no real concern to her company; but ethically Mary is working in an industry where serving liquor is the nature of business. These companies often display and rely on laws and policies to inflict rules regarding consumption and abuse. That individuals abuse their products is really not completely their fault. Ethically they are trying to be responsible and they are after all in the business to sell and make a profit. 2. Is your answer to question 1 affected by whether you agree or disagree with the views Mary Davis expressed? I think for the zealots on either side of the spectrum individual views would impact whether they agreed or disagreed with Mary Davis. However, it is my belief that you need not side nor disagree with Mary to realize that her behavior and that of Whitewater brewing are dealing with ethical grey matter. The company has rights as much as Mary does; and each can make choices that would resolve this conflict. Mary can leave Whitewater and then no longer be under their scrutiny or Whitewater can have specific policies on expected behavior that reflects the company position. Communication is at the core of the problem. If either side had communicated among themselves could have avoided this situation; and who knows; perhaps Whitewater being community responsible may have given Mary a different tact to utilize that would have made her and Whitewater happy. 3. Should there be any limits on an employeeââ¬â¢s freedom of expression? If not, why? If so, under what circumstances is a company justified in restricting an employeeââ¬â¢s right to speak out? This is a tenuous issue as there are already many amendments to current laws of free speech. I understand that businesses have a right to ensure viability and employee comments can adversely affect them. I think so long as there is clear communication up front about business policies regarding this and that they are communicated regularly and clearly then it becomes a buyer/employee beware situation. Again within reason individuals should still be able to express themselves; particularly when there is no direct verbiage that is specific about a business. I am an opponent to a business screening by Facebook etc as what a person does on their time does not necessarily prove they would be bad at work. Statistics aside we all know you can make data to support whatever view you want today. The bigger question is the legal one; and companies basically in my opinion wield a heavy sword (meaning they have deep pockets for legal issues) to drive their views and challenge you to dispute them. So one question we should be asking is once hired by a business ââ¬Å"Are you now their property which can be used in any way, and discarded when no longer needed? â⬠After all, today one can be dismissed without cause, employee at will. Take for instance the following article:http://www. bs2. com/freespch. htm The First Amendment to the U. S. Constitution establishes freedom of speech in the USA. There are several major limitations on this freedom: Only the government is prohibited from restricting speech. Private corporations are free to censor speech of their employees. Freedom of speech is not absolute, even when government regulation or law is concerned. Forà example, freedom of speech does not give one the right to commit perjury. See the beginning of my essay on infotorts for more examples. Since 1977, the U. S. Supreme Court has retreated from protecting freedom of speech even for government employees, as explained in my separate essay. Fundamentally, an at-will employee in the USA can be terminated at any time, and for any reason ââ¬â orà noà reasonà atà all ââ¬â and the courts will not intervene to protect the ex-employee from allegedly unfair treatment by the employer. Courts have repeatedly recognized that ââ¬Å"anyà reasonâ⬠includes a ââ¬Å"morallyà wrongâ⬠or ââ¬Å"morallyà reprehensibleâ⬠reason. Ià have briefly discussed the history of at-will employment in the USA and criticism of this doctrine in a separate essay. The combination of: o legal protection for freedom of speech of employees of for-profit and non-profit corporations and other non-governmental employers, and the freedom of employers to terminate employment at any time, for any reason means that employees in private industry have no legal rights to freedom of speech. (end of art icle) The case presentation doesnââ¬â¢t specify whether the newspaper article identified Mary Davis as an employee of Whitewater. Is that a relevant issue? Whether Mary Davis was identified or not is not necessarily relevant. Once stated, today there should be an assumption that someone, anyone, can ultimately determine ownership. This is especially true if the information is anything but verbal and has been recorded in any way, manner, or form. Does it matter what position in the company Mary Davis holds? To a degree the fact that Mary Davis is high up in the corporate chain bears a more significant impact. In a higher position Mary is more an emissary of the business and as such expected more to promote the business image. However despite her position as an employee of a business she is bound to the requirements of that business, especially once specified to her. Or she can choose to follow her conscience and resign. . What do you think Mary Davis ought to do? Clearly Mary Davis should resign; or fold to the demands of her boss and refrain while employed by Whitewater from expressing her personal views on any liquor related issues. What moral considerations should she weigh? Mary simply needs to weigh what is important to her; her work, money, job and family stability or her moral considerations and the poss ibility that she would need to shift employment in order to not have direct involvement in an industry she believes to be practicing unethical behavior. Does she have conflicting obligations? Mary does have conflicting obligations. If so what are they? They are her obligations to survival, money, job stability, employment, etc. On the other side is her obligation to her conscience and her moral beliefs, particularly the one that is contrary to the production and sale of malt liquor to individuals (specific individuals). 5. Is the company right to be worried about what Mary Davis writes or says, or is the board of directors exaggerating the potential harm to Whitewater of her discussing these issues? The company is totally right to be worried about Mary Davis. There is many a story about David and Goliath where a single individual toppled a business based upon their personal beliefs. 6. Assume a CEO like Ralph Jenkins is legitimately worried that an employee is making damaging statements about the company. How should the CEO handle the situation? My opinion is that the CEO would need to sit with the employee and state the business doctrine as it were. Next would be to ask open ended questions to see if there was an option where both needs could be met satisfactorily without any negative repercussions to either party involved. Is discharge or some sort of discipline called for? Initially, discharge or discipline may not be called for; unless policies had been clearly stated beforehand. Should the company adopt a formal policy regarding employee speech? All companies should have formal policies regarding employee speech. Moreover these should be communicated in plain simple language and reiterated yearly to ensure everyone remains cognizant of the policies. If so, what policy would you recommend? I recommend a policy that is developed with the individuals at all levels of the business to ensure varied concerns are addressed and the needs of the business (their viewpoint) is clearly understood. Works Cited Customer, A. ââ¬Å"Amazon. com: Moral Issues in Business (9780495007173): William H. Shaw, Vincent Barry: Books. â⬠Amazon. com: Online Shopping for Electronics, Apparel, Computers, Books, DVDs & More. Web. 16 Jan. 2012. . ââ¬Å"First Amendment to the United States Constitution. â⬠Wikipedia, the Free Encyclopedia. Web. 16 Jan. 2012. . ââ¬Å"Freedom of Speech. â⬠Dr. R. Standler's Professional Homepage. Web. 16 Jan. 2012. ;http://www. rbs2. com/freespch. htm;.
Thursday, November 7, 2019
Free Essays on Foreign Policy With North Korea
Foreign Affair ~ North Korea I.) Peace talks failing Economist 11/1/02 ââ¬Å"Presented with the evidence of their uranium enrichment, a key material needed in the development of nuclear weapons, North Korean officials reportedly told Americans that they considered the 1994 nuclear peace deal ââ¬Å"nullifiedâ⬠and have adamantly refused to discuss any form of a nuclear treaty with the United States.â⬠Analysis: This indicates to us that North Korea has no desire to promote de-escalation of nuclear arms in the international arena and refuse to have any negotiation talks with the U.S. As a result we must apply militaristic force on this nation as all economic, political, and diplomatic tools have been exhausted. II.) Corrupt government will not be reformed with out direct involvement from the Economist 11/1/02 Economist 11/1/02 a.) ââ¬Å"In an ironic twist South Korea and China actually support U.S. military strikes on North Korea to prevent further U.S. involvement. For if this communistic government does not see reform in the near future it would lead to political chaos and instability in North Korea, damaging stability in the region and promoting U.S. forces to move closer to the borders of these two countries.â⬠Analysis: As we can see here Asian countries usually shy on U.S. involvement in their region are pressuring our nation to launch military strikes as they see a political collapse along with further U.S. involvement eminent if action is not take in the near future. b.) Janeââ¬â¢s Defense Weekly 10/16/02 ââ¬Å"The fact is that the United States is simply not sending a clear message condemning North Korea for its failure to compromise with nuclear peace treaties. The U.S. still gives over 500,000 tons of heavy fuel oil and 3.8 million in food aid a year to the Korean government and has not given any indication that it will ease up on the handouts after North Korea refused to recognize the nuclear peace treaty las... Free Essays on Foreign Policy With North Korea Free Essays on Foreign Policy With North Korea Foreign Affair ~ North Korea I.) Peace talks failing Economist 11/1/02 ââ¬Å"Presented with the evidence of their uranium enrichment, a key material needed in the development of nuclear weapons, North Korean officials reportedly told Americans that they considered the 1994 nuclear peace deal ââ¬Å"nullifiedâ⬠and have adamantly refused to discuss any form of a nuclear treaty with the United States.â⬠Analysis: This indicates to us that North Korea has no desire to promote de-escalation of nuclear arms in the international arena and refuse to have any negotiation talks with the U.S. As a result we must apply militaristic force on this nation as all economic, political, and diplomatic tools have been exhausted. II.) Corrupt government will not be reformed with out direct involvement from the Economist 11/1/02 Economist 11/1/02 a.) ââ¬Å"In an ironic twist South Korea and China actually support U.S. military strikes on North Korea to prevent further U.S. involvement. For if this communistic government does not see reform in the near future it would lead to political chaos and instability in North Korea, damaging stability in the region and promoting U.S. forces to move closer to the borders of these two countries.â⬠Analysis: As we can see here Asian countries usually shy on U.S. involvement in their region are pressuring our nation to launch military strikes as they see a political collapse along with further U.S. involvement eminent if action is not take in the near future. b.) Janeââ¬â¢s Defense Weekly 10/16/02 ââ¬Å"The fact is that the United States is simply not sending a clear message condemning North Korea for its failure to compromise with nuclear peace treaties. The U.S. still gives over 500,000 tons of heavy fuel oil and 3.8 million in food aid a year to the Korean government and has not given any indication that it will ease up on the handouts after North Korea refused to recognize the nuclear peace treaty las...
Tuesday, November 5, 2019
Tarchia - Facts and Figures
Tarchia - Facts and Figures Name: Tarchia (Chinese for brainy); pronounced TAR-chee-ah Habitat: Woodlands of Asia Historical Period: Late Cretaceous (75-65 million years ago) Size and Weight: About 25 feet long and two tons Diet: Plants Distinguishing Characteristics: Large, armored head with slightly larger than usual brain; quadrupedal posture; sharp spikes lining back About Tarchia Heres more evidence that paleontologists have a good sense of humor: Tarchia (Chinese for brainy) earned its name not because it was particularly smart, but because its brain was the tiniest smidgen bigger than those of comparable ankylosaurs, among the dumbest of all the dinosaurs of the Mesozoic Era. The trouble is, at 25 feet long and two tons Tarchia was also bigger than most other ankylosaurs, so its IQ was probably just a few points above that of a fire hydrant. (Adding insult to injury, it may well be the case that the type fossil of Tarchia actually belonged to a closely related genus of ankylosaur, Saichania, the name of which translates, equally ironically, as beautiful.) The ankylosaurs were among the last dinosaurs to succumb to the K/T Extinction 65 million years ago, and when you look at Tarchia, its easy to see why: this dinosaur was the equivalent of a living air-raid shelter, equipped with massive spikes on its back, a powerful head, and a broad, flat club on its tail that it could swing at approaching predators. The tyrannosaurs and raptors of its day probably left it in peace, unless they were feeling particularly hungry (or desperate) and ventured to flip it onto its enormous belly for a relatively easy kill.
Sunday, November 3, 2019
Contract Law Essay Example | Topics and Well Written Essays - 1750 words
Contract Law - Essay Example In equity, injunctions may be administered or sometimes exact contract performance. Both solutions offer the party that has incurred losses an upper hand in terms of the bargaining benefits or in other words expectation damages that may be of higher value as compared to just reliance damages with regard to promissory estoppels. Generally, one may define a contract in nonprofessionalââ¬â¢s language as a promise or responsibility that is legally enforceable to oversee the occurrence or no occurrence of something. However, a contract may not be equalized to a legal promise especially when the agreement larks consideration. Several elements validate a contract as stated below (Richard, 2007). Elements of a contract 1. An offer: This is the willingness expressed by the offering party, on a given set of terms, with a motive that in any case the other party accepts that offer; a contract will bind him or her. It is optional in that it may be written, or it can be orally done. 2. Acceptan ce This is the willingness expressed by a party, to absolutely and unconditionally, accepts all the terms that have been set out in the offer. It can either be done orally or written, and the approval must be a reflection of the initial offer that was made. 3. Consideration A consideration is a valuable offering exchanged between the promisee and the promissor with a reciprocal as an assurance. An act or a payment may be regarded as the valuable thing also an act of forbearance is acceptable. 4. Mutual assent Mutual assent is normally achieved by offer and acceptance under common law, in that, here an unqualified party and that accept an offer causes no variance to the terms of the offer. A counter-offer A counter-offer cannot be equalized to an acceptance. It extinguishes the initial offer. In this case, one is not eligible to accept the initial offer after making a counter-offer. However, asking for more information or clarification may not be regarded as a counter-offer and thus does not render the offer extinguished but the party is still eligible to accept if it so desires. Max-Eco Ltd case study In this project, I will assess Max-Eco Ltd, which has been involved in a business deal with Jackââ¬â¢s company to supply timber according to Fredââ¬â¢s set standards. Fred is the director of Max-Eco Ltd. However, after six months, Fred discovers that Jack was not meeting the standards set in their previous deal and feels like the other party had breached the contract they set together. According to the agreement, Jack was supposed to supply Max-Eco Ltd with timber only from the U.K and that they must be treated with only plant-based varnish. Instead, Jack decided to treat the timber, which sometimes he ordered from South America due to its unavailability in the U.K, with chemical-based varnish. Now Fred wants compensation from Jack for failing to meet the set standards. Contract terms Prior to making a contract agreement, often variety of statements are mad e by either party with an aim of enticing or encouraging the partnering party to sign into the contract. The two parties are required to agree as to which of the made statements qualifies to be a part or a term of that particular contract agreement. At the same time, they must identify which statements should be considered as not a part or a term that make up the contract and should be regarded as just pre-contract talks. Therefore, terms server a pivotal role in the establishment of a contract as they bind the
Friday, November 1, 2019
An objective analysis of disparate impact & its effects on age & Research Paper
An objective analysis of disparate impact & its effects on age & gender discrimination - Research Paper Example Disparate impact can also be said to have occurred on the event that the non-protected groups seem to be favored by a policy than the protected groups, without a clear justification of such an occurrence. Additionally, disparate impact is observed to have occurred, in a situation where there was an alternative avenue that would have been exploited to enhance the equal treatment of the minority/protected members to their non-protected group members, but the avenue was not applied. However, the difference in the research perspectives was that the intentions of protecting against disparate impacts might interfere with the institutional means of achieving its objectives (Kaminshine, 2005). The similarities and differences in perspectives are affected by the research in that; the laws protect individuals against intentional discrimination, which is different from disparate impact discrimination, resulting from the application of a neutral policy without any intention of causing discrimina tion. Therefore, it can only be declared unlawful by the application of statutes and regulations (Grover, 1996). ... is that, factors such as height, which are likely to lock out more women than men should be avoided in the recruitment process, since they will cause sex-based disparate impact discrimination (Kaminshine, 2005). Additionally, the application of recent factors in the recruitment process, such requiring for a qualification that is not older than a given number of years should also be avoided since the recent factors are likely to cause age-based discrimination. For example, on the event that an organization is recruiting using a certain period qualification, it might end up locking out the members of a certain age group, who may have develop a need for a job, for example a bereaved spouse, who needs a job to continue supporting the family, after the death of her husband. This is likely to cause age-based discrimination (Grover, 1996). The application of the disparate-impact approach impacts positively on the society, through providing an equal opportunity to all, without discriminating on the basis of gender, race or age. However, the adverse effect of this approach is that it seeks to align the end results with the demographics, which is detrimental in that, it would result to the application of the quota system by institutions, which is yet another unfair practice (Kaminshine, 2005). There are various disparate impact theories which include: Discriminatory Purpose Theory is a theory that addresses the issue of proving purposeful discrimination, where the complainant has the sole duty of proving that the discrimination that occurred against him/her was purposeful (Pamela, 1991). The complainant also has the duty to show that there were other alternative avenues which could have been exploited to guard against such discrimination, but they were not applied. Fault Theory
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