Dessler Chapter Essay

1) Which Amendment to the U. S. Constitution states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law†? A) First Amendment B) Fifth Amendment C) Tenth Amendment D) Thirteenth Amendment E) Fourteenth Amendment Answer: B Explanation: The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 2) The ________ Amendment to the U. S. Constitution outlawed slavery, and courts have held that it bars racial discrimination. A) First B) Fifth C) Tenth D) Thirteenth E) Fourteenth Answer: D Explanation: The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 3) The 13th Amendment to the U. S. Constitution addresses the subject of ________. A) due process B) slavery C) private property D) trial by jury E) women’s rights Answer: B Explanation: The 13th Amendment to the U. S. Constitution abolished slavery and courts have held that it bars racial discrimination. The 5th Amendment addresses due process, and the 6th Amendment requires a trial by jury. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 4) The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. A) Fifth Amendment B) Civil Rights Act of 1866 C) Title VII of the 1964 Civil Rights Act D) Civil Rights Act of 1991 E) Thirteenth Amendment Answer: B Explanation: The Civil Rights Act of 1866 gives all persons the same right to make and enforce contracts and to benefit from U. S. laws. The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot discriminate based on race, color, religion, sex, or national origin. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 5) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________. A) race B) religion C) color D) sexual orientation E) national origin Answer: D Explanation: Title VII of the 1964 Civil Rights Act states that an employer cannot discriminate based on race, color, religion, sex, or national origin. Title VII bars discrimination on the part of most employers both public and private with 15 or more employees. Sexual orientation is not directly addressed under the law. Diff: 1Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 6) According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex? A) a state agency with 65 employees B) a medical office with 25 employees C) a local restaurant with 10 employees D) a department store with 100 employees E) a public school with 30 employees Answer: C Explanation: Title VII bars discrimination on the part of most employers, including all public or private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments. A business with fewer than 15 employees would legally be allowed to refuse employment based on race, religion, sex, or national origin. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Application 7) Which legislation was responsible for the creation of the Equal Employment Opportunity Commission? A) 13th Amendment B) Equal Pay Act of 1963 C) Civil Rights Act of 1866 D) Executive Orders 11246 and 11375 E) Title VII of the 1964 Civil Rights Act Answer: E Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission itself consists of five members appointed by the president with the advice and consent of the Senate. Executive Orders 11246 and 11375 established the Office of Federal Contract Compliance Programs. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 8) The EEOC was initially established to investigate complaints about ________. A) job discrimination B) unfair business practices C) sexual harassment in schools D) structural accommodations for disabled people E) overtime payments for labor union members Answer: A Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job discrimination complaints from aggrieved individuals. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 9) How many members serve on the Equal Employment Opportunity Commission? A) 3 B) 5 C) 9 D) 10 E) 12 Answer: B Explanation: The Equal Employment Opportunity Commission (EEOC) consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. Diff: 1Page Ref: 32 Chapter: 1 Objective: 1 Skill: Concept 10) Which of the following appoints the members of the EEOC? A) U. S. Congress B) U. S. Supreme Court C) President of the United States D) Department of Justice E) American voters Answer: C Explanation: The EEOC consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. Diff: 1Page Ref: 32 Chapter: 1 Objective: 1 Skill: Concept 11) Which of the following requires equal pay for equal work regardless of sex? A) Title VII of the 1964 Civil Rights Act B) Equal Pay Act of 1963 C) Executive Order 11246 D) Pay Discrimination in Employment Act of 1967 E) Civil Rights Act of 1991 Answer: B Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 12) When companies utilize ________, they take steps to eliminate the present effects of past discrimination. A) affirmative action B) executive orders C) rehabilitation action D) civil rights guidelines E) equal pay rules Answer: A Explanation: Affirmative action refers to steps that are taken for the purpose of eliminating the present effects of past discrimination. The Equal Pay Act of 1963 requires employers to pay equal pay for equal work, and the Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. Diff: 1Page Ref: 33 Chapter: 1 Objective: 1 Skill: Concept 13) Which of the following is responsible for implementing Executive Orders 11246 and 11375 that were issued by the Johnson administration? A) Equal Employment Opportunity Commission B) Pension Benefits Guarantee Corporation C) Occupational Safety and Health Administration D) National Labor Relations Board E) Office of Federal Contract Compliance Programs Answer: E Explanation: The Johnson administration (1963–1969) issued Executive Orders 11246 and 11375 which didn’t just ban discrimination but also required that government contractors with contracts of over $50,000 and 50 or more employees take affirmative action to ensure employment opportunity for those who may have suffered past discrimination. These orders also established the Office of Federal Contract Compliance Programs (OFCCP) to implement the orders and ensure compliance. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 14) Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963? A) merit B) seniority C) gender D) production quality E) production quantity Answer: C Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Pay differences derived from seniority systems, merit systems, and systems that measure earnings by production quantity or quality or from any factor other than sex do not violate the act. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 15) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination? A) Executive Order 11375 B) Equal Pay Act of 1963 C) Executive Order 11246 D) Age Discrimination in Employment Act of 1967 E) Thirteenth Amendment to the U. S. Constitution Answer: D Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Executive Orders 11246 and 11375 require government contractors to take affirmative action, the 13th Amendment barred slavery, and the Equal Pay Act made it unlawful to discriminate in pay based on the employee’s gender. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Application 16) According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________. A) sue an employer for age-based pay B) fire older employees for insubordination C) require employees to retire at age 65 D) allow juries to determine age discrimination E) institute a minimum age for employees Answer: C Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Subsequent amendments eliminated the age cap, effectively ending most mandatory retirement at age 65. The ADEA allows jury trials. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 17) The ________ requires certain federal contractors to take affirmative action for disabled persons. A) Equal Pay Act B) Vocational Rehabilitation Act C) Age Discrimination in Employment Act D) Americans with Disabilities Act E) Civil Rights Act Answer: B Explanation: The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. It does not require hiring unqualified people. It does require an employer to take steps to accommodate a disabled worker unless doing so imposes an undue hardship on the employer, which is addressed by the ADA. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 18) Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection, record keeping, and preemployment inquiries? A) job specifications B) employment metrics C) process charts D) uniform guidelines E) applicant tracking systems Answer: D Explanation: Uniform guidelines are issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail. They set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, and preemployment inquiries. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 19) Which of the following does NOT participate in the issuance of uniform guidelines? A) EEOC B) Department of Labor C) Better Business Bureau D) Department of Justice E) Civil Service Commission Answer: C Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issued uniform guidelines. These set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, and preemployment inquiries. The Better Business Bureau is not involved in issuing uniform guidelines. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 20) Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________. A) employee selection B) record keeping C) preemployment inquiries D) sexual harassment E) psychological testing Answer: E Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, sexual harassment, and preemployment inquiries. The American Psychological Association has its own non-legally binding Standards for Educational and Psychological Testing. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 21) Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws? A) Buckley v. Valeo B) Brown v. Board of Education C) Griggs v. Duke Power Company D) West Coast Hotel Co. v. Parrish E) Abington School District v. Schempp Answer: C Explanation: Griggs v. Duke Power Company was a landmark Supreme Court case used to define unfair discrimination as put forth in EEO laws such as Title VII. The Court ruled that employment practices must be job related and that discrimination does not have to be overt to be illegal. Brown v. Board of Education held that segregation in public schools was unconstitutional. Choices A, D, and E were not cases related to EEO laws. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 22) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________. A) high school diplomas were not related to success as a coal handler B) Duke Power Company intentionally discriminated based on race C) no business necessity existed for Duke Power Company D) Title VII forbids job testing E) Griggs held a GED Answer: A Explanation: The Court ruled in favor of Griggs because having a high school diploma was not relevant to the job of coal handler. The Court held that an employment practice must be job related if it has an unequal impact on members of a protected class. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 23) If a person is in a protected class, he or she is protected by which of the following? A) Department of Labor guidelines B) Sarbanes-Oxley Act C) Title VII of the Civil Rights Act D) Consumer Protection Act E) National Labor Relations Board Answer: C Explanation: The term protected class refers to persons such as minorities and women who are protected by equal opportunity laws, including Title VII. Choices A, B, D, and E are not equal opportunity laws. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 24) All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________. A) burden of proof is on the employer B) performance standards should be unambiguous C) business necessity is a defense for an existing program D) employment selection practices must be job related E) discrimination does not have to be overt to be illegal Answer: B Explanation: The Court ruled in Griggs v. Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related. The Court also ruled that business necessity is the defense for any existing program that has adverse impact and that discrimination does not have to be overt to be illegal. The case did not address performance standards. Diff: 3Page Ref: 34-35 Chapter: 2 Objective: 1 Skill: Concept 25) Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact. A) occupational qualification B) business necessity C) affirmative action D) burden of proof E) fair in form Answer: B Explanation: Business necessity is the defense for any existing program that has adverse impact according to Griggs. The court did not define business necessity. Diff: 2Page Ref: 35 Chapter: 2 Objective: 1 Skill: Concept 26) Which court case provided details regarding how employers could validate the relationship between screening tools and job performance? A) West Coast Hotel Co. v. Parrish B) Albemarle Paper Company v. Moody C) Griggs v. Duke Power Company D) Burlington Industries v. Ellerth E) Ward Cove v. Atonio Answer: B Explanation: In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. For example, the Court said that if an employer wants to test candidates for a job, then the employer should first clearly document and understand the job’s duties and responsibilities. Diff: 2Page Ref: 35 Chapter: 2 Objective: 1 Skill: Concept 27) Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related? A) plaintiff B) employee C) employer D) judge E) EEOC Answer: C Explanation: According to the Civil Rights Act of 1991, once an aggrieved applicant or employee demonstrates that an employment practice (such as â€Å"must lift 100 pounds†) has a disparate (or â€Å"adverse†) impact on a particular group, then the burden of proof shifts to the employer, who must show that the challenged practice is job related. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 28) According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________. A) back pay B) job reinstatement C) punitive damages D) compensatory damages E) substantive consolidation Answer: E Explanation: According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for back pay, attorneys’ fees, court costs, job reinstatement, punitive damages, and compensatory damages. Substantive consolidation is a legal term referring to debt consolidation. Diff: 2Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 29) Race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation? A) mixed motive B) business necessity C) disparate impact D) liability defense E) burden of proof Answer: A Explanation: An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called â€Å"mixed motive† cases had taken the position that even though their actions were discriminatory, other factors like the employee’s dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action—such as terminating someone—even without the discriminatory motive. Diff: 3Page Ref: 36 Chapter: 2 Objective: 1 Skill: Application 30) Which of the following requires employers to make reasonable accommodations for disabled employees? A) Civil Rights Act of 1991 B) Equal Pay Act of 1963 C) Americans with Disabilities Act of 1990 D) Vocational Rehabilitation Act of 1973 E) Disability Discrimination in Employment Act of 1967 Answer: C Explanation: The Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals. It also says employers must make â€Å"reasonable accommodations† for physical or mental limitations unless doing so imposes an â€Å"undue hardship† on the business. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 31) According to the Americans with Disabilities Act, which of the following would be considered a disability? A) homosexuality B) voyeurism C) pyromania D) compulsive gambling E) AIDS Answer: E Explanation: The ADA specifies conditions that it does not regard as disabilities, including homosexuality, bisexuality, voyeurism, compulsive gambling, pyromania, and certain disorders resulting from the current illegal use of drugs. The EEOC’s position is that the ADA prohibits discriminating against people with HIV/AIDS. Diff: 1Page Ref: 36 Chapter: 1 Objective: 1 Skill: Concept 32) Which type of disability accounts for the greatest number of ADA claims? A) drug-related B) cosmetic C) mental D) vision E) hearing Answer: C Explanation: Mental disabilities account for the greatest number of ADA claims. Under EEOC ADA guidelines, â€Å"mental impairment† includes â€Å"any mental or psychological disorder, such as . . . emotional or mental illness. † Drug-related conditions are generally not regarded as disabilities. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 33) Under ADA, those who can carry out the essential functions of the job are known as which of the following? A) protected class B) line managers C) career anchors D) staff authorities E) qualified individuals Answer: E Explanation: The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. The individual must have the requisite skills, educational background, and experience to do the job. Diff: 1Page Ref: 37 Chapter: 2 Objective: 1 Skill: Concept 34) Which of the following best explains why employers win the majority of ADA cases? A) Employers make the necessary reasonable accommodations for employees. B) Employers prove that age negatively impacts an employee’s job performance. C) Employees fail to prove that they are disabled yet qualified to perform a job. D) Conservative judges are sympathetic towards small-business owners. E) Employee attorneys fail to draw connections between Title VII and ADA. Answer: C Explanation: Employers traditionally prevailed in almost all—96%—federal circuit court ADA decisions. A main reason is that employees were failing to show that they were disabled and qualified to do the job. Unlike with Title VII of the Civil Rights Act, the employee must establish that he or she has a disability that fits under the ADA. Diff: 3Page Ref: 38 Chapter: 2 Objective: 1 Skill: Concept 35) Which of the following will be the most likely result of the ADA Amendments Act of 2008? A) Employees will find it easier to prove that their disabilities are limiting. B) The number of major life activities considered disabilities will be narrowed. C) Employers will be required to make fewer accommodations for workers with disabilities. D) Employers will be required to hire a specific percentage of disabled workers to be in compliance. E) Employees will apply for more jobs knowing that the legislation guarantees their employment. Answer: A Explanation: The new ADAA’s basic effect will be to make it much easier for employees to show that their disabilities are limiting. For example, the new act makes it easier for an employee to show that his or her disability is influencing one of the employee’s â€Å"major life activities. † It does this by adding examples like reading, concentrating, thinking, sleeping, and communicating to the list of ADA major life activities. Diff: 3Page Ref: 38 Chapter: 2 Objective: 1 Skill: Concept 36) In which of the following situations does sexual harassment NOT violate Title VII? A) if the conduct substantially interferes with a person’s work performance B) if the conduct creates an intimidating work environment C) if the conduct creates a hostile work environment D) if the conduct is motivated by both age and gender E) if the conduct creates an offensive work environment Answer: D Explanation: Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment violates Title VII. The motivation behind the conduct is not relevant to Title VII violations. Diff: 3Page Ref: 39 Chapter: 2 Objective: 2 Skill: Concept 37) The ________ provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) Pregnancy Discrimination Act D) Vietnam Era Veterans’ Readjustment Assistance Act of 1974 E) Vocational Rehabilitation Act of 1973 Answer: B Explanation: The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. The law offers an additional path women can use to seek relief for violent sexual harassment. Diff: 1Page Ref: 40 Chapter: 2 Objective: 2 Skill: Concept 38) Which of the following is NOT a form of sexual harassment according to EEOC guidelines? A) unwelcome sexual advances that create an intimidating work environment B) requests for sexual favors made implicitly as a condition of employment C) verbal conduct of a sexual nature that unreasonably interferes with work performance D) physical conduct of a sexual nature that creates an offensive work environment E) mutually consensual physical conduct of a sexual nature between co-workers Answer: E Explanation: EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that create an intimidating, hostile, or offensive work environment or interfere with work performance. Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment. Consensual sex between co-workers is not considered sexual harassment. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Concept 39) All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________. A) the verbal remarks of a co-worker were sexually flirtatious B) the rejection of a supervisor’s sexual advances led to a demotion C) a hostile work environment was created by a co-worker’s sexual conversation D) a hostile work environment was created by a nonemployee’s sexual advances E) a hostile work environment was created by a supervisor’s sexually abusive conduct Answer: A Explanation: The U. S. Supreme Court held that sexual harassment law doesn’t cover ordinary â€Å"intersexual flirtation. † Someone can prove sexual harassment if rejecting a supervisor’s sexual advances led to a demotion, firing, or altered work assignment. Sexual harassment can also be proven if a hostile work environment is created by the sexual conduct of supervisors, co-workers, or nonemployees. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 40) Judy was up for a promotion at Simpson Consulting when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which of the following would Judy most likely be able to prove in court if she decided to sue Simpson Consulting? A) hostile environment created by nonemployees B) hostile environment created by supervisors C) hostile environment created by co-workers D) disparate treatment E) quid pro quo Answer: E Explanation: Quid pro quo (something for something) is the most direct way to prove that rejecting a supervisor’s advances adversely affected what the EEOC calls a â€Å"tangible employment action† such as hiring, firing, promotion, demotion, and/or work assignment. Quid pro quo would be the best option for Judy if she sues the firm for Will’s actions. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 41) Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus’s executive assistant, is uncomfortable with the jokes. Eventually, she decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) hostile environment created by nonemployees E) none of the above; Shelley is not a victim of sexual harassment Answer: B Explanation: As Shelley’s supervisor, Gus created a hostile environment according to the EEOC. A claimant does not need to show that the harassment had tangible consequences such as demotion. It is sufficient in many cases to prove that a supervisor’s sexual harassment substantially affected an employee’s emotional and psychological abilities. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 42) All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________. A) maintaining thorough records of all sexual harassment complaints B) informing all employees about sexual harassment investigations C) instituting a sexual harassment reporting process D) training employees in sexual harassment policies E) investigating sexual harassment charges promptly Answer: B Explanation: Maintaining records of complaints, instituting a reporting policy, providing sexual harassment training, and investigating charges quickly are ways that employers can show that they took reasonable care to prevent and correct sexual harassment, which will minimize the employer’s liability. Sexual harassment investigations should be conducted privately, and the information should not be made available to all employees. Diff: 3Page Ref: 42 Chapter: 2 Objective: 2 Skill: Concept 43) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’ management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would best support the plaintiff’s argument that Sanders is liable for sexual harassment? A) Sanders re-published its sexual harassment policy twice within the last year. B) The HR department at Sanders has records of the plaintiff’s initial complaints. C) Exit interviews of outgoing Sanders employees include questions about sexual harassment. D) Sanders lacks a management response system for handling sexual harassment complaints. E) Sanders recently lost a court case filed by former employees who claimed disparate treatment. Answer: D Explanation: Employers can minimize their liability in sexual harassment claims by showing that they have a response system set up for handling sexual harassment complaints, so Sanders may be liable if it lacks a system. Firms that re-publish their sexual harassment policies frequently, keep thorough records of complaints, and address sexual harassment issues during exit interviews are able to show that they took reasonable care to prevent sexual harassment. Disparate treatment refers to discrimination claims rather than sexual harassment claims. Diff: 3Page Ref: 42 AACSB: Reflective Thinking Chapter: 2 Objective: 2 Skill: Critical Thinking 44) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’ management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would most likely undermine the plaintiff’s claim that Sanders is liable for the male employee’s conduct? A) The male employee physically threatened the plaintiff on three occasions. B) The male employee made sexual advances towards the plaintiff on a daily basis. C) The male employee was required by HR to participate in a sexual harassment awareness course. D) The male employee’s conduct significantly interfered with the plaintiff’s ability to perform her job. E) The plaintiff discussed her concerns about the male employee’s conduct with female co-workers. Answer: C Explanation: If the male employee was required to take a sexual harassment course, then that action shows Sanders was making a reasonable attempt to stop the behavior. Choices A, B, and D support the plaintiff’s claim that ther

Week 3 Devry Business Law Assignment

The definition of a valid contract is that it complies with all of the legal requirements for a contract. There are several types of contracts. First is a unilateral contract, which is one that only one of the parties involved makes the promise. The other party involved would than act in return for the promise stated. A bilateral contract is when both partied make a promise. An implied contract is when there are surrounding circumstances along with facts, which show that a promise was created. A contract is not executed when all of the parties involved have fully completed their promise and contractual duties.In order for the offer to be valid, there are several basic elements. First, there must be intent to contract. Secondly, it must be communicated to the acquirer. Lastly, the terms and conditions needs to be certain and definitive. All parties involved have the right to duress from one another. If these elements are not met, the contract may be seen as invalid. In contract law, i n order for a contract to exist, one part must make an offer and the other must accept the offer. There are several rules to the accepting of an offer. First, prior to the offer being accepted, the offer may be withdrawn.The offeree must accept the offer, which is the person who was made the offer. Another person cannot accept the offer of their behalf without specific authorization. For example, if a power of attorney exists, another person may be able to accept the offer. If the offer specifies a method in which the acceptance should be given, it must come in that form. For example, if the offeror states that the acceptance must come via fax and no other method is allowed, it is the only form that can be accepted. In order for a binding contract to be created, there must be consideration in order for it to become legally sufficient.The consideration in contracts is when one party for a specific promise gives something of value from the other party stated in the contract. The consi deration may be given for the performance of an act or not performing an act. One example of this would be that one party pays another party to not put up a fence of their property. In order for the contract to become enforceable, the consideration must be adequate. The adequacy does not mean that the price matches, exceeds, or is the fair market value. Instead, it means that the agreed consideration is measured.There must be value that can be objectively determined in order for consideration to exist. Pennsylvania law allows for the recovery of damages when a contract is breached. Essentially, any damages incurred due to the breach will total a sum that will compensate the non-breaching party for all loss in which they sustained. In order for this to take effect, the non-breaching party must present sufficient evidence of what exactly the damages where. The damages needs to be reasonably foreseeable at the time the contract was entered into and also reasonable certain as to the cal culations.Examples of these damages would include lost profits, lost rental income, an increase of rental costs, an increase of labor costs, an increase of material costs, and so forth. References: Miller, R. L. , & Jentz, G. A. (2010). Business Law Today: Comprehensive Edition. In R. L. Miller, & G. A. Jentz, Business Law Today: Comprehensive Edition (pp. 248 – 256). Cengage. Schwartz, S. (2012). Schwartz & Blackman. Retrieved from Pennsylvania Commerical Law: Breach of Contract and the Duty to Mitigate Damages: http://www. schwartzandblackman. com/pennsylvania-commercial-law- breach-of-contract-and-the-duty-to-mitigate-damages-part-two/

K. 332 First Movement Analysis

Mozart Sonata No. 12 in F Major K. 332 First Movement Rachel Gilmore MTC 461. 001 November 26, 2012 The first movement of Mozart’s piano Sonata No. 12 in F Major is written fairly typically in the very structured sonata form. Historically is follows the main guidelines that were understood for the form. Harmonically, is progresses like expected. There are a few surprises here and there, but they are typical for Mozart’s compositions, especially his sonatas of the 18th century. In all, it makes a very interesting piece of work, especially with so much contrast within it.The formal structure of the first movement is sonata form. Not only is this evident in the title but it is very clear after an analysis of the piece has been done. Sonata form is incredibly structured and has specific sections and parts that must be present in order for it to be a true sonata. These sections are split relating to key mostly. All of the required parts are present in this work with the expe cted key changes, deeming it sonata form. The piece starts with the exposition, excluding the optional introduction that can be added if a composer so chooses.This exposition is the first ninety-three measure of the movement. The end is marked with a repeat sign. In the sonata, the exposition is repeated, so this follows normal sonata formatting. All parts of the exposition are included in this sonata; theme 1, a transition, theme 2, a bridge, a closing theme, and a codetta are all present. These sections within the exposition modulate just as they are supposed to, further showing that this piece is in sonata form. The first theme is in the tonic key of F Major. The transition modulates from the tonic key to the dominant key, C Major, which is typical for a transition.Theme 2 stays in the dominant key, as does the bridge, closing theme, and codetta. The next section of music is the development. It is not very long in comparison to the exposition and the coming development, lasting o nly thirty-nine measures. It behaves just like a normal development should. It modulates a few times and does so very often and quite quickly. In this development, Mozart chose to use a sequence of new material, repeating it at different pitch levels to change keys. Some material from the first theme group and the bridge is also used.There is no false return of the first theme group, but this is most likely because the development was so short in comparison. But, the material developed from the bridge in the exposition is used to transition the end of the development into the recapitulation. The recapitulation is also standard of sonata form. Every section of the exposition should return, only with no modulations. The Recapitulation should remain entirely in the original tonic key that should have been set up by the development. The first theme group returns in the tonic key of F Major.The transition also returns and stays in the tonic key. The second theme group also comes back, st aying in the tonic key as well. The same is true of the bridge, returning in F Major only. Next, the closing theme group returns also in the original key. And lastly, the codetta returns, continuing to stay in the tonic key. The form of this sonata by Mozart matches what was typical of the sonata form in the 18th century. There was a specific way what sonatas were to be composed, one that helps analysts of the present study this classical form.But, there are some things that Mozart included that were innovative and surprising for the times. These include harmonies that differ slightly from what were common, and motivic sequences that were quite originative. The motivic sequences other composers included in their sonatas during this time were fairly simple. Listeners liked to hear something they could easily remember, something that could get stuck in their heads, that they could hum for days or weeks after they first heard it. This usually resulted in music that contained few melodi c ideas that were played with and developed.Mozart, however, began to make a trend in the later part of the 18th century of having several tuneful sequences throughout his sonatas. The No. 12 F Major sonata is a great example. The first movement in itself has seven different melodic devices. The harmony tends to stay within the realm of normal for the 1700’s. There are places, though, where Mozart again drifts from common practices. Mozart was fairly well known for his inventive bridge sections during the expositions of his sonatas. In these bridge sections, Mozart would begin a theme on v (minor), ?III, III, VI, or V that eventually creates the false sense of having transposed to the dominant V key. Often Mozart would proceed to the tonic sounding V with an augmented sixth chord. He does just this in Sonata number 12, as shown in the example on the top of the next page in measures sixty-four through sixty-seven. VI7 ii7 V7 Ger+6 V Mozart begins a harmony on a Major sixth ch ord and leads into a V with a seventh chord, giving a dominant to tonic feel.He further gives this effect by leading into another V with the augment sixth German chord that has been filled out with a perfect fifth and a major third above the A? bass. Though the augmented sixth chord is voiced unorthodoxly, it gives the same effect. The chord structure of this work is very functional. Cadence points are fairly clear and the phrases are usually of a typical length. Most of the phrases are four measures long. A few exceptions to this rule exist in the work. They show up in a few different ways including elided cadences and extended harmony.Some of the phrases elide into each other giving the effect that they are in some cases longer than four measures and in other cases, shorter. An example of this is in measures fifty-five through fifty-seven, shown at the top of the next page. The first measure shown harmonizes a V7 chord in the key of C Major. The next measure harmonizes the I chord that finishes the imperfect authentic cadence begun in the phrase. But this tonic chord also acts as the beginning harmony for the next phrase continued in the last measureV7 I V7 shown in the example with a V7 chord, and also the beginning of the bridge. So this cadence point has been elided and includes the same measure in not only two separate phrases but also two separate parts of the exposition, theme 2 and the bridge. The same type of cadences happens several other times throughout the first movement. There are also several phrases that have been extended through the use of harmony. The second cadence point of the bridge, measure sixty-seven, is the end of a phrase that started in measure sixty.This phrase lasts so long because the harmony has been heavily and easily lengthened through the progressive use of secondary dominants and seventh chords. This is illustrated in the example below. i iv7V7/III V7/VI VI7 ii7 V7 Ger+6 V Some interesting harmony occurs at several of the p hrase points within the exposition and the development. Half cadences end on the dominant V chord. But there are several cases in this sonata where a cadence point is reached, and there is another, weaker dominant in the place of the V chord.In the transition section of the exposition, there are two half cadences that occur one right after the other where a weaker dominant occurs. The first one uses a viio chord instead of a V. At the end of the next phrase, an augmented sixth chord is used, the German augmented sixth with an augmented fourth and minor third. Also, in the development, a III chord is used instead of the V during a harmonization the parallel minor key. This is quite unorthodox, especially for the times, but has the same effect within the context of the music surrounding it as using the usual dominant V chord.Most interestingly, there is a lot of contrast in within the music. Mozart was something of an innovator of contrast within a musical piece of his time. He played around with contrasting the works as they were published (composing a fast and exciting piece just after having printed a slow one) and also with dynamics, melodies, rhythms, and other musical devices within the works themselves. Sonata No. 12 is no exception. Throughout the first movement, Mozart goes back and forth between fast moving piano parts that require up and down motion on the scale to blocked chords in both hands.He also takes advantage of contrasting dynamics. Sections will go immediately from being the dynamic of piano into a next section that is marked forte with no crescendo, and vice versa. He also used rhythmic contrast. One section might be quarters and eights squarely on the beat and then be promptly followed by a section that features dotted rhythms or triplets regularly. These contrasts were very interesting for the audiences of the 18th century to hear because it was outside of what was expected. Below is an example of contrasting rhythmic sections.The first m ovement of this F Major sonata by Mozart follows the basic sonata form. There are some discrepancies along the way, even concerning basic harmonic music theory, but the outlining format still remains. The contrast makes it an interesting piece of music to analyze and hear. And the harmony is, for the majority, what is expected of basic progressions. Bibliography Balthazar, Scott L. â€Å"Tonal and Motivic Process in Mozart’s Expositions,† The Journal of Musicology 16, no. 4 (1998): 421-466, http://www. jstor. org. steenproxy. sfasu. edu:2048/stable/pdfplus/763978. pdf. Hepokoski, James. Beyond the Sonata Principle,† Journal of the American Musicological Society 55, no. 1 (2002): 91-154, http://www. jstor. org. steenproxy. sfasu. edu:2048/stable/pdfplus/10. 1525/jams. 2002. 55. 1. 91. pdf? acceptTC=true. Kamien, Roger and Wager, Nephtali. â€Å"Bridge Themes within a Chromaticized Voice Exchange in Mozart Expositions,† Music Theory Spectrum 19, no. 1 (1997) : 1-12, http://www. jstor. org. steenproxy. sfasu. edu:2048/stable/pdfplus/745996. pdf. King, A. Hyatt. Mozart in Retrospect: Studies in Criticism and Bibliography. London: Oxford University Press, 1955. Landon, H. C.Robbins and Mitchell, Donald, eds. The Mozart Companion. New York: W. W. Norton & Company, Inc. , 1956. Marshall, Robert L. , ed. Mozart Speaks: Views in Music, Musicians, and the World. New York: Schirmer Books, 1991. Ratner, Leonard. â€Å"Harmonic Aspects of Classic Form,† Journal of the American Musicological Society 2, no. 3 (1949): 159-168, http://www. jstor. org. steenproxy. sfasu. edu:2048/stable/pdfplus/829717. pdf. Zaslaw, Neal and Cowdery, William, eds. The Complete Mozart: A guide to the Musical Works of Wolfgang Amadeus Mozart. New York: W. W. Norton & Company, 1990.

Discussion Board Post Assignment Example | Topics and Well Written Essays - 250 words - 1

Discussion Board Post - Assignment Example Christian educators mainly spell out the procedures involved in the total structure of the school curriculum. This means that all processes and procedures are anchored on a distinct theory of knowledge (Rieger, 2009). Furthermore, Christian schools are set up on the premise that every truth is God’s truth. They also believe that God is the key aspect in the passing of knowledge. It is vital to note that a majority of all education received from Christian schools somewhat has a Christian basis (Rieger, 2009). This, however, does not mean that Christian schools use the Bible in everything they do, but they refer to the Bible in order to evaluate all areas and sources of Knowledge. It is correct to conclude that the purpose of as a Christian school is mainly two-fold. To offer Bible content is the main purpose and an educational service in other areas of knowledge is the second purpose. These are the main characteristics of a Christian

CHILD ABUSE and CHILD ENDANGERMENT Essay Example | Topics and Well Written Essays - 500 words

CHILD ABUSE and CHILD ENDANGERMENT - Essay Example On the other hand, the investigator of an offense of â€Å"rape† (Teens Health, 1995, para. 1) has to be sensitive to the victim, understanding that she might be in extreme mental shock and agony. Thus, information will have to be elicited very tactically from such a person. In addition, while extracting their testimony, which will afterwards be used when the trial goes to court, the investigator needs to exercise extreme care and caution. Moreover, during questionings and interviews, an ingredient of sensitivity should be in place for gathering, protecting, and transmitting of facts from the commencement investigation at the scene of the offense. Particular care should also be taken while gathering and transferring of data relating to the case. The ethics of the investigators necessitate that they must maintain their journal in a methodical order, cautious and sequential order, by pen ink. These are the specific ethical considerations that require to be addressed when investi gating the crimes of rape and homicide. For all crimes, including rape and homicide, the investigator needs to treat the suspect as guiltless, until his or her guilt is proven in a court of law. Besides, the accused should not be coerced or tortured for extracting information from them. The defendant may also be warned suitably of the implication of the admission of crime, his statements and evidence that they offer the investigator during the course of the examination. The investigator should also state that such evidences will be used against them in a court. In the case of the offense rape, the sufferer should not be suspected, and their testimonial proof should be treated as one stride of continuing the particular investigation in identifying the person responsible for the crime. In some of the case investigative units consists of specially trained officers in child psychology, consisting of lady officers. It is always a good practice to use an

How do bilingual children and mulitlingual children learn to read or Essay

How do bilingual children and mulitlingual children learn to read or write,speak through the use of role play - Essay Example This education al practice brought to halt the restrictive laws prohibiting instruction in languages other than English. In a diversified and a multilingual environment, many young children find themselves in a society where more than one language is used. These have influence the interaction of people toward their children and their perspective toward other people’s children and teachers, doctors and other professional advise parent of children growing up bilingually. But the ideas of some people about children growing up in a bilingual environment (i.e growing up with the second or the third language) is discouraging and have not in any way benefit these children and may have adverse effect on them. Therefore, when a parent change his or her job and it involve moving to a different part of the world, they feel overwhelmed over the issue of linguistic demand on them and their children. (1) In the western world there medical doctor and speech therapist that advise some parent to stop the young children growing up with more than one language and concentrate on one language acceptable in the environment. For example in the United State speech therapist often suggest that parent should stop using Spanish at home in favor of English and in Finland they may advise parent to stop using English in favor of Dutch. The main reason for this advice is basically two, firstly they clam that bilingual or multilingual education can easily confuse the children and lead to a great problem in acquiring language and secondly they claim that the mother language will stand a better chance over other language. (1) Mean while, there is no scientific prove that bilingual education lead to any problem or disorder in language acquisition. (2) Many children grow up learning two or more language and these children did not show any visible proof that that there is any

CISG Contract , Goodscan Contract Fact Pattern Assignment

CISG Contract , Goodscan Contract Fact Pattern - Assignment Example This condition applies if offeree gets the withdrawal before the offer or at the same time like the offer. Goodson is the offeror, in the case being analyzed, while Hospitex is the offeree. There is an offer from Goodscan to sell Hospitex five X-ray machines. A negotiator from Goodscan travels to Toronto to make an offer to the CEO of Hospitex. Terms of the offer are two hundred thousand Canadian dollars for 5 x-ray machines. Hospitex (offeree) accepts the offer but on a condition that Goodscan includes a clause stating that incase of any conflicts in future the two parties will use Canadian law to resolve it. It is evident there is an offer and an acceptance from the offeree, but there are additions that constitutes to a counter offer according since the offeree agree to the offer on condition that the clause is included (Ramberg 5). A mutual agreement refers to a contract that is agreeable to both parties. Article 29 clarifies that a mere agreement of both parties can be initiated to either modify or terminate a contract (Ramberg 6). The two parties agreeing to enter into an agreement are capable of performing specific duties of the contract against each other. Ramberg (6) says each of the both parties may be precluded by each other’s conduct from asserting certain provisions to a point whereby the other party has respectively relied on the other’s conduct respectively. Any contract can be a mutual contract, as long as it binds two parties. In this case, the contract between the two parties is mutualistic in that Goodscan should deliver the goods and the offeree (Hospitex) should pay the agreed fee to Goodscan. Both parties, according to the contract, have something to benefit from each other. Consideration is typically a concept of legal value in relation to contracts. It involves valuable goods promised to each other in a contract. It takes the form of physical objects,

The Effects of E-commerce on the Global Market Research Paper

The Effects of E-commerce on the Global Market - Research Paper Example In this article, called "The effects of E-commerce on the global Market", the author says that E-commerce is a kind of business where the sales of products and alternatives or both companies carried out of Internet. The introduction of e-commerce has reformed communication across nations. From when it had been released, companies have taken gain it to, enhance essay online service products, improve their marketplace share, expand profitability and reduce shipment time. E-commerce was fundamentally non-existent in most parts within the world. Development of e-commerce initiated the growth of many e-commerce enterprises that created convenient online trading platforms that connect thousands of global traders as well as local traders in the business. As a new channel, e-commerce is constantly changing the mode of trade, influencing cost, efficiency, and value of trade; hence, having more impact on international trade. Various studies show that e-commerce influences international trade not only by making trade more convenient but also decreasing transaction costs. As technology advances and transport costs decrease, the costs of commerce have experienced tremendous change, and as global e-commerce and international trade become convenient, the connection between buyers and sellers has increased making negotiations easier resulting in increased volume of trade. Hurry up and get this perfect essay! Lots of students are saving their time and increasing their rating right now. This product will bring you the highest mark!The impact of e-commerce on global economy is far reaching since it has a profound effect on businesses that have branches all over the globe. E-commerce is powerful compared to the traditional resources because with the aid of e-commerce people can shop online regardless of their physical location. Therefore, e-commerce has succeeded in removing geographical barriers, which allows customers to contact vendors without hassles that were prevalent in the traditional way of doing business. e-commerce has brought drastic change to the traditional market and has been overwhelmingly accepted since it clicked with many businesses and currently businesses cannot exist without e-commerce. Moreover, e-commerce has influenced international trade by helping many small enterprises because they no longer require physical office, which cater s for certain geographical location. The influence of e-commerce on global economy is huge such that target audience can be accessed without wasting economic and time resources since target market can be accessed with the help of efficient online marketing strategies (He, Li, Wu and Jiang, 2011). E-commerce influences everything from production to service levels many company engage in doing business and the significant change is here to stay. Businesses that embrace e-commerce face the challenge of staying ahead of competitors with the changing technology; therefore, businesses have to wield the power successful marketing in order to have an edge in market competition. Global e-commerce also affects developing nations and helps bring them to the forefront in global trade and commerce and since e-commerce crosses economic and political barriers it result in effective marketing techniques. E-commerce has various benefits and works wonders for small and large businesses because with e- commerce techniques enterprises have the ability to increase sales and profits (He, Li, Wu and Jiang, 2011). E-commerce, through distribution channels offers markers easy, cheap and fast way of targeting market segments because there are few intermediaries involved in e-commerce distribution channels. Moreover, e-commerce for international marketers eases vendor specialization because e-commerce accommodates high specialization that would be economically difficult in the physical world. As well, standardized marketing strateg

UK Corporate Governance Code Essay Example | Topics and Well Written Essays - 1750 words

UK Corporate Governance Code - Essay Example As a result, the board of directors of a company, which is the ultimate decision making authority of a company, has been forced to become more accountable to the shareholders. However, the present Combined Code on Corporate Governance has been more of a reaction to worldwide business scandals rather than being a pro-active measure that ensures business legitimacy (Porter, 2009). Notwithstanding this fact, there has been a considerable amount of progress made in the direction of ensuring accountability and transparency, especially in Britain. It started with the formation of the Corporate Governance Code in the early 1990s. Hence, in the below sections we study the Code and the legislative framework in its present form and determine its effectiveness in the face of modern scandals and financial debacles. UK Corporate Governance Code Since the 1970s, there has been an increased amount of focus on corporate governance. This may largely be attributed to the development of big multi-natio nal companies; however, the process is still in motion. As a consequence, some of the board of directors of listed companies, who form the most powerful body in the company, of the US and UK are required to be non-executive. The CEO is no longer the sole head of the company and shares responsibilities with the non-executive directors. The idea of creating an independent atmosphere where all perspectives can be included has been extended through a number of measures as a "force for good" in the economy. The "comply or explain" principle which is one of the main features of the Code has its roots in the Cadbury Committee or the Committee on the Financial Aspects of Corporate Governance report of 1992. Originally setup to come up with recommendations for financial auditing and other financial matters due to the scandals involving the Polly Peck and Robert Maxwell companies, the Cadbury Committee headed by Sir Adrian Cadbury made four important recommendations. These were with respect t o the board of directors, non - executive directors, executive directors and reporting and control mechanisms. However, these were not mandatory and the companies were free to follow their own course since it was determined that a legalistic approach would result in compliance only to a minimum basic level that negated the main aims of the Code. It was also felt that a "one size fits all" formula must not be adopted and that companies must be allowed the option to choose their own course that satisfies their unique requirements. Subsequently there was the Greenbury Report of 1998 that dealt with the remuneration of directors issue (Barker, 2008). The Code underwent a significant review in 1998 when Sir Ronnie Hampel was charged with the duty of validating the effectiveness of the existent Code. It was recommended that there was no need for radical or revolutionary changes, instead the principles needed to be extended to detailed measures for the listed companies to implement. This w as called the Combined Code on Corporate Governance which contained two levels of prescriptive practices, one of which was a set of detailed provisions and the other was a set of open - ended principles. The companies were similarly required to present a two level declaration of the compliance of the above measures in their annual report. The Code underwent another review in 2003 following the Higgs and Smith report which added another layer of compliance norms to the existing Code. It was made up of high – level main principles, mid –

Nuclear weapons Essay Example | Topics and Well Written Essays - 1000 words

Nuclear weapons - Essay Example This is addition to looking at the consequences of having such weapons on the world in terms of economic and social implications. Morality, Prudence, and Nuclear Weapons states clearly that nuclear weapons are used for their traditional role in the pursuit of national security, where even their deployment is for the same purpose (Lee 1996, p.2). This brings out the question of moral authority over why they own them, as without these weapons there can still be peace and security in any given country including those that possess these weapons. As such, the justification for the possession of the weapons does not lie with the efficiency of military power or even national security, in which case the implications are that provided those in military leadership find the possession and use acceptable, then they should be kept. It is as a result of this that countries own these weapons of mass destruction to achieve their own ends, and these ends are not necessarily the ends of every citizen whom they lead because the weapons are the disposal of the military, at the command of the president and even military leaders (Paret 1986, p.762). In addition to this, there is the potential that these weapons are owned by some nations for the sole purpose of intimidation so as to protect overseas interests and assists as said by Caldicott (2004, p.73). In this case, he argues that there is no way that any country or military power would use nuclear weapons against its own citizens, and then he goes on to state that some countries have enormous oversees interests. As a result, the legitimacy for having these nuclear weapons is to protect the country from any external acts of aggression by other nations, just as the tradition of war goes. Besides this, the argument of having a peaceful world that is free of threats to national insecurity is a new justification to the possession of nuclear weapons owing to the presentation of new information in makers of new strategy. In this case, i t is said that all wars since the inception of the nuclear weapons have been irrational and impossible due to the possibility of destroying the enemy finally (Lee 1996, p.12). From this perspective, justification is that nuclear weapons make the world a safe place by use of the theory of nuclear deterrence, where no nation dares wage war due to the possibility of obviation in the event of nuclear warfare. Therefore, war becomes outdated considering the nuclear arsenal available to the world in modern times and the countries that hold this arsenal are the ones that control the eventuality of war and ensure that the world is protected from itself and international feuds likely to explode into full-blown wars. In addition, there is the question of power, which can be brought up in reply to why some nations own nuclear weapons, which can directly point towards abuse. With this, nuclear power amongst the countries in possession of these arms is indicative of how they keep the world in ch eck concerning the improved tactics of warfare across the world that are not restricted to guerrilla warfare, but go as far as air strikes with enhanced accuracy. This is especially so in modern times and based on recent events and history that goes as far back as the 1950s to show what possession of nuclear weapons has saved the world from destroying itself. Looking again at the abuse of power, the cold war can be used to show the consequences of having nuclear arms, and this does not paint a good picture at all for the world as a whole. In spite of claiming that nuclear weapons ring stability to the world, they also focus power on a few nations that then get into conflict as shown in the cold war of the 1980s. Consequently, the justification of nuclear wea

Why women were constantly reminded of the need to maintain their Essay

Why women were constantly reminded of the need to maintain their femininity even as they deviated from traditional gender roles in the Second World War (UK) - Essay Example hild-bearing, about motherhood, home keeping, sex life, inner and outer beauty. Many Writers construed feminism to mean differently. There are those who said it is a term that belongs to a specific movement in US and Europe and is linked to activism, and there are those who refer to the term as injustices to women. But did these things mattered to women as they deviated from their traditional roles in the Second World War, particularly in UK? Our goal here is to sketch feminisms as they deviated from their traditional roles during WWII. Femininity classification and definition Before 1800s feminism refers to the qualities of women. The term begins to take new meaning with the beginning of feminist’s movement who asked for equal rights, so it was called the first wave of feminism. The movement was briefly forgotten during the war upon which, feminism took a new meaning for them, that of leaving the patriarchal society to become members of the men’s world. ... They can learn to protect themselves by learning techniques for fighting .Feminity is also defined by Brownmiller, Susan, as â€Å"making oneself as harmless, and that the feminine principle is composed of compliance and conflict†. Brownmiller argues that femininity merges female weaknesses with conflict avoidance and good will. Brownmiller is a controversial writer because of her assertion that â€Å"rape is a process of intimidation in which all men keep women in a state of fear† She said rape is a tool used by men ever since as a form of oppression to women. She said that femininity pleases men because it makes them appear to be more masculine, and by behavior, female expresses femininity by tearful expression of sentiments and fear as one way of establishing route to success. Femininity did not vanish when women became workers. It is alive and well in the workplace. The Second World War changed everything in the British way of life. Their work, family, governmentâ⠂¬â„¢s policies all changed because of war. It practically altered the roles of women and almost challenged the roles of gender relations as women were called on to work on men’s field. The war had changed the contours of society, erased the division of class, had challenged the existence of gender (Swanson, Gillian and Gledhill, Christine, 28 February 2012). .In all of these work changes, their femininity allows them to move in the work places away from their traditional roles. In a way, women used femininity as a competitive edge in getting and keeping their jobs. In a sense, this also pleased businessmen and even the government because women were paid less for the same man’s work In Chapter 10 â€Å"Mothers as wives in an individualistic society†, â€Å"feminity†

A Good Friend Being Essay Example for Free

A Good Friend Being Essay Everyone not only wants a good friend in their life, but they need one too. Friendships often face a great number of conflicts that may weaken you, or it may do the opposite, make your relationship stronger. A good friend may also be known as a true friend or a best friend that will always be there for you. Having a good friend will keep you going in life, and make you have a brighter smile on days when you are gloomy. They also help you out when you need them the most, and this will help you accomplish certain goals in your life. I have many good friends that I am extremely fortunate to have in my life and I wouldnt trade them for anything else. Most people say that friends do not stay good friends for a long period of time, but that is not true and if you have a good friend you know that is incorrect. First and foremost, a good friend has great number of beneficial qualities and one of them is when everyone walks out on you, they stay with you through everything. You can tell them anything and they wont tell a single soul just to make you feel happy. For instance, I thought I would never be able to explain my secrets to anyone besides my mother, but when I became good friends with a couple of my class mates, I could tell them anything and everything. They do the same back, sometimes we just talk on the phone for ours telling about our days even if we spend these days together. A good friend will always want to talk to you about anything, even if theyre busy, its just one of the great numbers of things a good friend does for you. They are a marvelous thing to have, and if you do have a good friend you should be very fortunate to have them. Furthermore, if you need help on anything and no one is around to help you, you can always count on your good friends. Having a good friend by your side will help you accomplish extraordinary life goals that you could never imagine achieving. I know for a fact that this is true mainly because I have had this happen to me. One afternoon I was at the local park and I had just realized that I had a enormous test that I had to take the next day. I knew exactly who to call, my good friend Candy. She came and picked me up and we went to her house. She had all the notes out and ready to study. I knew I could count on her to help me with this test. So we studied for a couple of hours, and then I went home. The next day I was ready for the test and I knew I got every answer correct. I was very thankful to have my good friend to always help me when I need it and no one else is around. I decided I would always study with her.

Language Learning Autobiography Example

Language Learning Autobiography Example Write a detailed account of your experience of learning English so far. Start by saying what your native language is and what other languages you know. State the order in which you learned these languages and how well you know each of them. Describe when and where you started learning English, express your feelings about learning English at each stage and provide details of what helped you in your learning, what difficulties and problems you faced and the efforts you made to improve your command over the language. Also explain what influence other people (for example, your parents, teachers, siblings or friends) had on the development of your English and on your confidence in using English. Finally, end with some advice to other students about what they should do to improve their English. I am a Malaysian Chinese girl. I grow up in a small town named as Teluk Intan situated in Perak, Malaysia. My first language is Chinese and I am a fully Chinese-based school educated. Either at home or outside, Chinese is the language I used the most. Besides Chinese, I do learnt English language since during my early childhood and Malay language during my primary school level. Although I do know the other languages, still I prefer to communicate or write in mandarin. I think I have moderated level for all this three language as I am able to express my idea verbally either in written form or spoken form. I started learning my English during my early childhood. At about the age of 3 or 4 years old, by sing nursery rhythms and English poems. I learnt nursery song in the daytime at kindergarten together with some other friends at the same age with me. Hereby, I feel very happy to learnt English. The teacher always use colourful picture and However during night time, I went to a home tuition centre and learn some English together with both my sister who is 3 to 4 years older than me. In the tuition centre, I was the youngest and I feel very shy to talk to them thought they were very nice. Besides that, the teacher also told my parents that I was too small scared that I was not able to catch up. Thus I went for a few classes only. The second stage of my English learning is during my primary school level. Since I studied at Chinese-based primary school, English language is not commonly used though it was being taught in the class. In this stages, I found that English is hard but interesting. It was hard because there are a lots of grammar and rules that I have to follow while writing. However, it is interesting as in English, there are words with the same spelling but different meaning and pronunciation, words with the same pronunciation but different spelling too. Besides that under this stage, I got a very good English teacher when I was in Standard 4 whereby he used many interesting ways to teach us English. I got motivated by the teacher and the prize for the English month quiz. This motivation pushed me until I finished my secondary school. In my secondary school, I was some how like get attracted by English language. I had even join the English language club though it is a very cold club and the teacher adviser seldom do her part guiding us to do the activity. Besides that, this motivation had also pushed me to buy English novel to read. And lastly, I become a royal fans to Rick Riordan. I do even look for every of his books and keep them as precious collection. In this stage thought I have the motivation pushing me to use more English and to love English more; I still had some difficulties and feel like going to give up English. I had such a feeling because of having difficulties in understanding of literature and the way my English teacher taught us English and literature. After Form 5, I was really gave up English language for around seven months. Until I went to Tunku Abdul Rahman College to study Form 6. In the college, I met some classmate who are English educated and cannot speak their mother tongue language. Thereby, I had to use back my English. I though my English is very good, but there, I found out that my English is the worst. All my friends cannot understood what am I going to say either. I was there for about two months and was later get involve in Kirkby International College which I am in now. Yet my English being better here, I was almost gave up as the worst English I was using. However, I was being encouraged by my lecture here to use English language more. Thus, I make my effort to improve my English language. I bought a lots of English books to improve my grammar and vocabulary. Yet, my English improved as I use Manglish a lot and what I would like to say I used to translate it from Mandarin which is my mother language to English. In conclusion, learning a second language is never be difficult. It is all depend on the determination of the person. To learn a better second language, ones need to use the language frequently. Yet, I can say that my English is the best; my English improved a lot since I used it more frequently.

Healthy and Safety Review of Business

Healthy and Safety Review of Business WORKPLACE HEALTH AND SAFETY BOLT AND CATCH PTY LTD AUDIT AND REVIEW An in-depth review of work health and safety from within the Bolt And Catch Pty Ltd business. This report will additionally include a formal WHS audit and recommendations for improvements to various workplace health and safety aspects of the company. Reported conducted and written by Edin Jusupovic. Scope of Report Report Objectives The objectives will be listed below for this report. Identify Workplace Health and Safety legal requirements for Bolt and Catch. Identify all potential hazards in the B C risk register. Identify potential hazards, assess any associated risk and, in turn, develop appropriate controls for the identified risks additionally record any responsibilities and set key performance indicators in the form of completion dates for any actions that are to be taken. Develop a draft procedure for identifying hazards, hazard assessment procedures and controlling any associated risks. Provide recommendations for ensuring continual compliance with any relevant legislations for workplace health and safety. Conduct an audit of the workplace that will later be used to achieve the outlined report objectives. Parameters The parameters, otherwise known as limitations or scope of this report will be outlined below. Limited to the results obtained through the audit of the report. Parameters limited to the Bolt and Catch business only. Constraints Any applicable constraints to the report will be listed below. Any research must be using appropriate legislations that are applicable Australia wide or local (applicable to NSW) and as such, must not use other any other states workplace health and safety laws or legislations for the purpose of this report. COMPANY BACKGROUND Bolt and Catch is an ASIC registered proprietary limited company located in Australia, New South Wales. The company is a large manufacturer of gate bolts and hinges with a long reputable history of well over seventy years in the industry. The company provides a variety of manufacturing products tailored for both commercial and agricultural use. STAFF Bolt and Catch currently employs 120 people spanning a large variety of company areas. These staff departments include areas such as; Human Resources Marketing and Sales Engineering Trade and Production Personnel. AREA OF WORK Bolt and Catch has a primary area of work in manufacturing gate bolts and hinges. These manufactured goods are then deployed by other businesses for a variety of purposes such as commercial and agricultural use. The company engages in both manufacturing and marketing of the products, alongside sales; this is made possible through dedicated departments within the business. The BC risk register can be seen in Appendix A. This register was obtained through Safe Work Australia Code of practice for management of work health and safety risks, 2011 edition. The BC risk register has several functional components; Hazard Harm as a result of identified hazard Likelihood of hazard occurring Level of risk Effectiveness of current controls Further control requirements and suggestions Control implementation information The following may be used in the risk register as identifiers; Level of Risk Scoring CRITICAL A HIGH B MEDIUM C LOW D Likelihood Scoring HIGH A MEDIUM B INTERMEDIATE C LOW D The BC risk register is an important audit tool for reviewing the workplace health and safety at Bolt and Catch Pty Ltd. Purpose The purpose of this document is to create a procedural system for ensuring hazards are identified, assessed based on risk and are controlled to provide effective safety management in the Bolt and Catch workplace. Introduction Through New South Wales workplace health and safety legislation, we identify a PCBU, or otherwise known as a Person Conducting A Business or Undertaking with certain core safety responsibilities under the Work Health and Safety act of 2011. This legislation states that a PCBU must manage risks to health and safety as far as is reasonably practicable. A risk management system involves considering the careful identification of applicable hazards and providing assessment of these risks and hazards followed by the expulsion and removal of any risks in the first occurrence, or, if this is not possible reducing these risks as far as is reasonably practicable. The risk management system is highly recommended for the following reasons; It is an extremely feasible and easily applicable approach and system. Cost effective when compared to similar management systems. Provides a wide range of support for all associated parties including workers, contractors, visitors and any other people associated with Bolt and Catch. Allows Bolt and Catch Pty Ltd to provide the required level of duty of care to all staff, customers and contractors and, so that the company may meet all necessary legislations pertaining to health and safety. Workplace health and safety hazard identification, assessment and potential control is a continuous process that must be executed throughout various periods and situations, these can include; When new data is made available about a risk and/or if issues or concerns are raised about any existing risk. Continuous improvement by ensuring regular reviews at appropriate times in the workplace. The process should be undertaken if it has not been conducted before. The process should be conducted if a hazard has been identified. Undertaken as part of responding to an incident, regardless of whether an injury has or has not occurred. The process should be executed when any changes are introduced and/or any changes that may affect a hazard or cause a potential new hazard. The scope of this can include any changes in the workplace, equipment, procedures, general environment or practices. The procedure outlined below is designed to be an easily applied guide to assist in ensuring the safety for workers, contractors, visitors and any applicable associated parties with Bolts and Catch Pty Ltd. The policy will assist both workers and management, through careful consulting, to comply with workplace health and safety legislation. Recording and bookkeeping of any risk management activities, such as risk assessments and consultation processes will be required. This process will assist in; Discovering any potential new hazards in the workplace. Monitoring, auditing and reviewing the effectiveness of any applied control measures. Setting and determining control measures in order to expel or minimize the magnitude of any risks in the workplace. Conducting assessments to assess the risks that may potentially result from hazards. Definitions This section will provide clarification for any definitions in the policy. PCBU: A person conducting a business or undertaking (PCBU) is a legal term under WHS laws for individuals, businesses or organizations that are conducting business. A person who performs work for a PCBU is considered a worker. Risk: A situation involving exposure to danger. Risk control: Risk control is the method by which firms evaluate potential losses and take action to reduce or eliminate such threats. Risk assessment: a systematic process of evaluating the potential risks that may be involved in a projected activity or undertaking. Hazard: A danger or risk. Hazard identification: Hazard identification is a process used to identify possible situations where people may be exposed to injury, illness or disease, the type of injury or illness that may result from these and the way in which work is organized and managed. WHS: Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or workplace health and safety (WHS), is a multidisciplinary field concerned with the safety, health, and welfare of people at work. Monitor and review: Monitoring and reviewing is a planned part of the risk management process and involves regular checking or surveillance. The results should be recorded and reported externally and internally, as appropriate. The results should also be an input to the review and continuous improvement of the firms risk management framework. ACCOUNTABILITY Ensuring the efficient and effective management of risk requires continual commitment to the process and system from all managers and officers, including any input and involvement of workers or applicable staff. The responsibility of workplace health and safety additionally extends to all management and supervisory staff the scope of their role in WHS is to ensure that this policy, in its entirety, is completely implemented in their areas of potential control and, to consult where possible with workers, contractors and any other applicable staff as part of undertaking the hazard identification, risk assessment and control process outlined in this policy. A key accountability area in any WHS policy are officers; whom have a direct responsibility of safeguarding and ensuring that their area or areas of control are completely compliant with all relevant legislative requirements. Risk Assessment Procedure The bibliography section of this report will provide any references to links, images or resources that have been utilized in production of this WHS report. This page has been left blank Appendix A Location: Date: Hazard What is the harm that the hazard could cause? What is the likelihood that the harm would occur? What is the level of risk? How effective are the current controls? What further controls are required? How will the controls be implemented? Action by Due Date When Completed Some staff in the press room are failing to wear protective equipment. Personal Injury. B B Current controls are intermediate however, not enforced. Further safety training required. Supervision. 05/01/2017 10/01/2017 No protective equipment around the three new Chinese press machines. Limb loss. Personal Injury. A A Current controls are poor as the machines lack protection. Implement and add safety equipment to machines. 05/01/2017 08/01/2017 Noise pollution in progress room, staff shouting to communicate. Prolonged exposure can lead to hearing loss. Inability to communicate. C C Current controls are very poorly effective. Supervision to minimize risk. Find new communication methods Implement safety equipment for ears. 05/01/2017 10/01/2017 New Chinese presses do not have adequate safety features no head guarding around stamp press. Machine may malfunction, cause serious safety issue. C A Current controls are extremely poor and nonexistent. Purchase and implement new safety features for the stamp presses. 05/01/2017 07/01/2017 Imported Chinese presses do not have English instructions and have text translated by an employee. Misuse of machine as a result of poor instructions. B B Current controls are intermediately effective. Obtain certified translated instructions by a translator. Ensure staff review new instructions. 05/01/2017 08/01/2017 Sign placement is incorrect start, jog and stop buttons placed out of sight and directly above operators head, outside line of sight. Inability to shut machine off in event of emergency. Inability to reach controls correctly. Operator(s) hurt or injured. A B Current controls in their current state are poor. Placement of signs will need to be moved and adjusted to ensure it is within compliance. Ensure signs can be viewed. 05/01/2017 10/01/2017 Fork lift drivers in carpark. High risk for people who frequent hotel area may result in accidents. B C The current controls in place are not existent and poor. Implement signage. Train and development for forklift drivers. 05/01/2017 09/01/2017

The Awakening Essay -- essays research papers

The Awakening opens in the late 1800s in Grand Isle, a summer holiday resort popular with the wealthy inhabitants of nearby New Orleans. Edna Pontellier is vacationing with her husband, Là ©once, and their two sons at the cottages of Madame Lebrun, which house affluent Creoles from the French Quarter. Là ©once is kind and loving but preoccupied with his work. His frequent business-related absences mar his domestic life with Edna. Consequently, Edna spends most of her time with her friend Adà ¨le Ratignolle, a married Creole who epitomizes womanly elegance and charm. Through her relationship with Adà ¨le, Edna learns a great deal about freedom of expression. Because Creole women were expected and assumed to be chaste, they could behave in a forthright and unreserved manner. Exposure to such openness liberates Edna from her previously prudish behavior and repressed emotions and desires. Edna’s relationship with Adà ¨le begins Edna’s process of â€Å"awakening† and self-discovery, which constitutes the focus of the book. The process accelerates as Edna comes to know Robert Lebrun, the elder, single son of Madame Lebrun. Robert is known among the Grand Isle vacationers as a man who chooses one woman each year—often a married woman—to whom he then plays â€Å"attendant† all summer long. This summer, he devotes himself to Edna, and the two spend their days together lounging and talking by the shore. Adà ¨le Ratignolle often accompanies them. At first, the relationship between Robert and Edna is innocent. They mostly bathe in the sea or engage in idle talk. As the summer progresses, however, Edna and Robert grow closer, and Robert’s affections and attention inspire in Edna several internal revelations. She feels more alive than ever before, and she starts to paint again as she did in her youth. She also learns to swim and becomes aware of her independence and sexuality. Edna and Robert never openly discuss their love for one another, but the time they spend alone together kindles memories in Edna of the dreams and desires of her youth. She becomes inexplicably depressed at night with her husband and profoundly joyful during her moments of freedom, whether alone or with Robert. Recognizing how intense the relationship between him and Edna has become, Robert honorably removes himself from Grand Isle to avoid consummating his forbidden love. Edna returns to New Orleans a changed woman. Ba... ...worried about the outcome of her passionate but confused actions. Already reeling under the weight of Adà ¨le’s admonition, Edna begins to perceive herself as having acted selfishly. Edna returns to her house to find Robert gone, a note of farewell left in his place. Robert’s inability to escape the ties of society now prompts Edna’s most devastating awakening. Haunted by thoughts of her children and realizing that she would have eventually found even Robert unable to fulfill her desires and dreams, Edna feels an overwhelming sense of solitude. Alone in a world in which she has found no feeling of belonging, she can find only one answer to the inescapable and heartbreaking limitations of society. She returns to Grand Isle, the site of her first moments of emotional, sexual, and intellectual awareness, and, in a final escape, gives herself to the sea. As she swims through the soft, embracing water, she thinks about her freedom from her husband and children, as well as Robert’s failure to understand her, Doctor Mandelet’s words of wisdom, and Mademoiselle Reisz’s courage. The text leaves open the question of whether the suicide co nstitutes a cowardly surrender or a liberating triumph.

The Story of Richard Rodriguez Essays -- Immigration

Becoming an American requires adjustment to the English language and interacting with different people. In the essay â€Å"Aria: A Memoir of a Bilingual Childhood,† Richard Rodriguez illustrates the distinctions between individual and social identity as a Mexican immigrant. He explains individual identity through the process of considering himself as an American citizen. Rodriguez also acknowledges the necessity of assimilating into the American culture and the consequences that follow. Rodriguez describes individual identity through the process of allowing himself to become a member of American society. As a child, Rodriguez did not consider himself an American, but he quickly realized he could not achieve individuality until he accepted himself as a citizen. Rodriguez states, â€Å"In public, by contrast, full individuality is achieved, paradoxically, by those who are able to consider themselves members of the crowd† (283). Rodriguez explains that to gain complete individual identity, a person must consider him or herself as part of the group or society. Because Rodriguez cannot consider himself as a citizen, he cannot appreciate the values and traits of other people within his community. Therefore, Rodriguez will not view other people’s perspectives to acquire more knowledge about the society around him or seek out who he is to become a unique individual. Another example of how Rodriguez illustrates individuality by becoming a member of the American society occurs when he is able to seek the tools needed to speak English. Rodriguez writes, â€Å"Only when I was able to think of myself as an American, no longer an Alien in gringo society, could I seek the rights and opportunities necessary for full public individuality† (284). When Rodriguez ... ...izes that it will not be easy to hear his â€Å"intimate family voices† (284). Rodriguez explains the consequences of assimilation through social identity. Rodriguez acknowledges individuality by regarding himself as an American citizen. He also acknowledges social identity by viewing how he and his parents go through a difficult time learning English to communicate within their neighborhood. In addition, Rodriguez notices social identity when he is finally confident to speak the English language. In the end, the struggles Rodriguez experiences while adjusting to the American society only make him a stronger and triumphant individual. Work Cited Rodriguez, Richard. â€Å"Aria: A Memoir of a Bilingual Childhood.† The Arlington Reader Contexts and Connections. Ed. Lynn Z. Bloom And Louise Z. Smith. 3rd ed. Boston: Bedford/ St. Martin’s, 2011. 275-84. Print.

Coles Sales Promotion Essay

Pacific managing director of Nielsen Consumer Group, saidâ€Å"It’s no surprise that consumers are increasingly concerned about their household budgets in response to such fluctuating economic conditions, and the cost-saving strategies currently being employed by consumers are likely to continue well into the year. †(Jessica Kennedy,2011)Due to the rising concern of the current unstable economic condition in Australia, the people have developed a tendency to save or spend only what is necessary. There is also a concern for the rising food and fuel prices and more and more people are looking for good deals and bargains for the basic necessities required to run a household. If this holds true to the working population then this will hold true even more to the student population in Australia who perhaps only have a part time job and live on a fixed budget. Market analysis: The student population contributes a lot to the economy of Australia. In 2008, the total tertiary student community in Melbourne was around 208,800 people and international tertiary student population numbering was at least 28,150 (Melbourne City Research, 2010). These numbers have steadily risen in the past years and will continue to do so. From this situation analysis, it can be derived that it would be a successful venture if fresh and frozen fruits and vegetables were offered at a discounted price by Coles to students in Melbourne for a limited period of time. And if the response is successful in Melbourne it can be an option to expand to other cities as well. Sales promotion pitch: Offering a 15% discount to students from the 1s of July to the 31st of July on all of Coles’ fresh and frozen fruits and vegetable line. SWOT analysis : Strengths:The current economic condition will help the response to a sale if it is held. It will attract the customers and increase revenue. It is also a healthy campaign as fruits and vegetables are being offered at a discount to students to encourage them to eat healthier and will boost the image of Coles. Weaknesses:The risk that the response may not be as enthusiastic as predicted from the target audience. Also that it is targeting a very specific segment of the market and that can be risky to the campaign if the response is not as predicted. Opportunities:The option to hold this sale every half year or more frequently if response is good and also in a larger number of cities. Threats: Competitors like Woolworths and Aldi may also put their items on sale to compete with Coles. Target Segment Demographics: Treating the market as heterogeneous, as all the people of Melbourne are not being targeted and they don’t have similar wants, the target profile for the campaign would look like the following : * Age|* Late teens and above| * Gender|* Male and female|Geographic area|* Melbourne| * Occupation|* Students| * Household size|* Living alone or with housemates| * Lifestyle and Habits|* Lives on a budget, tends to look forthe most reasonable prices, prioritizes saving andhas a slightly more healthy lifestyle. | The typical profile of the segment being targeted would be a College student who Lives alone or with housemates or in a dorm and who purchases their own groceries. Within the target audience there will be differen t views and attitudes about fruits and vegetables. The types of opinions are usually four in kind. They are: * The appreciators: will be the portion of the target market that like eating healthy and enjoy eating lots of fruits and vegetables. These people may be more health conscious and aware of the fact that fruits and vegetables are a very important part of the diet. â€Å" I love fruits and vegetables! They are a part of almost all of my meals for the day†* The acceptors: are the segment of students that eat a moderate amount of fruits and vegetables but also prefer meats and other food items.I like fruits and vegetables but I don’t like including them in all my meals, I prefer meat†* The resistors:this segment is not very fond of fruits and vegetables but eat them on occasion. â€Å"fruits and vegetables are ok but I would rather eat something else†* The rejecters: This portion of students is strongly against adding fruits or vegetables to their daily meals and would most definitely eat other foods ins tead. Insert refrence pg. 206 One of the purposes of the campaign is to try and get the percentage of the resistors and the rejecters to convert to either the acceptors or the appreciators. Time frame: The promotion will last for one month. Starting July 1st and ending July 31st. The duration chosen is during the offseason period where there are no big sales held otherwise. This will make it easier to persuade the target market to purchase their groceries at Coles as it will be cheaper to do so. It gives them an incentive to buy. 20 specimen subjects from Chisholm College that fit the target profile completed a survey about why they picked a particular store over another. Four fixed options were asked and the results were as follows: More than half, i. e 11 people out of 20, said that the main reason they choose a store was because of its low prices. 6 people said they choose a store according to how conveniently it’s located, 2 said it was because of loyalty to the store and 1 said because of good customer service. This further emphasizes the fact that if a sales promotion was held, the response would be enthusiastic and the campaign would be successful. Main Objective: * Increasing the sales of fresh, frozen and canned fruits and vegetables by 5 to 10 percent in the month of July. Initially only in Melbourne with an option to expand to other cities if the response is positive. Additional objectives: * Enhance customer loyalty * Create new customers * To reinforce brand advertising * Encouraging students to eat healthier Perception – achieve at least a 65% increase in awareness of the sales promotion in the firstweek Cognition – Achieve recall of discount period at Coles by at least 80% of the students in Melbourne Persuasion – Make the target audience want to go to Coles for their groceries rather than its competitors Emotion – Induce humor and fun through the advertisement Association – Associate Coles with the most reasonable prices and quality goods Behavior – Persuade at least 3% of the customers that shop at Woolworths, Aldi and other competitors to switch over to Coles Approach: The type of approach to be used for this promotion is the emotional approach and a soft sell strategy. Humor will be used a medium in the advertisement to allow students to relate to the campaign easily and for retention of the message to create the need to buy fruits and vegetables at Coles. An anonymous survey was conducted using 20 students in Chisholm College that fit the target audience. They were asked to state what kinds of advertisements they remembered the easiest out of a given three choices. Out of 20 students, 15 said humorous advertisements were the easiest to remember, 2 said informative and 3 said shock advertising. Pull promotional strategy: ‘ In a pull strategy, the manufacturer directs the majority of its promotional effort towards the ultimate consumer in an attempt to get them to pull the products through the marketing channel. ’ (McColl – Kennedy, JR, 1994) A pull promotional strategy creates a high degree of awareness amongst consumers and implants a desire and an interest for the product. This makes the customers to go to the retail store with the determination to find the product to purchase it and if it is not available they urge the retailer to stock up on it. This is the strategy that Coles is aiming at following as the message will be sent directly to the ultimate consumers who are in this case the students, urging them to purchase frozen, fresh and canned fruits and vegetables. And when the demand exceeds the supply, it will cause the Coles retail stores to urge the wholesalers and other links in the product chain to acquire the product causing a pulling effect through the marketing channel. Communication: In order to inform the potential customers about the promotion, effective and efficient advertising must be carried out. The use of Television, the internet, newspapers and magazines help in doing so. Since the target market is only students, it would also be productive to display the advertisements on social networking sites on the internet. To further reach students fliers can be put up on the notice boards and in the college magazines. Point of purchase displays also helps as it improves in store branding and keeps the customer informed. Having sales signs near the product also can lead to impulse buying. The key message sent out here would be that it is cheaper to buy your groceries at Coles than at any other supermarket. Eliciting the desired response: The main reason for fierce advertising and promotions is due to the reason that the sales promotion will be carried out for one month only. During this time period, Coles seeks to attract as many customers as possible to their stores in Melbourne. It is true that the potential customers go through a behavioral or psychological process before purchasing a product called a response hierarchy. The Coles advertisements and promotions seek to fulfill all the steps in this hierarchy chain.