Thursday, October 3, 2019
Public Policy Essay Example for Free
Public Policy Essay In the contemporary society, the world is characterized by freedom of speech and expression and also by a market place of policy ideas waiting to be prioritized or given a legislative action. As explained in detail by Hays (2001), analysis of Public policy debates began by John Kingdon (1984) and reissued in 1995. Kingdon critically examined how specific policies problems solutions become prominent. Looking at the policy making process, Kingdon particularly concentrated on the prediction stage and agenda setting ignoring the politics of how policy choices are made. He argued that many individual through their own means may call for attention on a particular policy issue that need to be changed but at the end of the day it is a group of elected experts whom he called policy community who make decision on the issue to be the first agenda item therefore providing the ground for new policies (Hays, 2001). The communities operate as resources but also as gatekeepers. Kingdon argued that collectively a range of individuals serve to make up the necessary policy community or networks including experts, elected officials, bureaucrats, researchers and even government itself. These communities influence the policy debate as witnessed in public policy institute of California (Mintrom, 2000). As a gate keeper, policy community or networks have a role in informal communication between those inside and the one outside the government. The channels are extraordinary open considering new ideas which deserve implementation while deciding on the one to be sidelined. Intellectual resourcefulness as well as determination is crucial in policy making process, Kingdon was emphatic that those who have more resources are better placed to make strong argument (Hays, 2001). Over the years, public debate have dominated United States politics and at times carrying away the policy communities like fad (Mintrom, 2000). The most recent is the Wall Street issue where the Bush administration and his Republican party proposed a boost plan to the mortgage sector including some home owners. The move which was intended to stimulate the economy however elicited policy debate from allover. According to Hays (2001), Kingdon summarizes the policy making process into three separate streams: Problem process stream, policy process stream and political stream. He argues that policy change advocates whom, he refer to as entrepreneurs of change mostly serve to belong to the above mentioned three streams in their efforts to bring popularity to a particular problem and also igniting policy innovation. By doing this they increase the chances that specific policy issues will give rise to new ideas and new policies. It is the problem stream where problems are recognized and identified for action. Both the people in government and outside government at any given time are aware of the social problems that need intervention. However, it is important to note that in problem defining stage much is likely to be left at stake since those benefiting from the status quo are likely to convince the others that no problem exists after all. The second stream is the policy stream which Kingdon highlights as the process which entails generating and debating of ides for policy development by communities of policy specialists. Rarely, people come out with new ideas but more often they use the old ones to understand the new ones and thinking of ways to reformulate them with the others (Hays, 2001). In order to be effective, public policy institutes must be objective to survive in community policy ideas. Solutions in most cases chase problems and that is to say people with solutions will look for the specific problems to solve (Mintrom, 2000). In addition, such institutions must be not only feasible but also compatible with the values of the majority of specialist in policy communities. Alteration of ideas and efforts by the policy advocate to persuade others according to Kingdon is one way of achieving compatibility (Hays, 2001).
Definition Of Corporate Social Responsibility Commerce Essay
Definition Of Corporate Social Responsibility Commerce Essay There is no single authoritative definition of CSR (ISO COPOLCO, 2002). Various definitions embracing a vast number of concepts traditionally frames as environmental concerns, public relations, human resources management and community relations were used to defined CSR. One of the most referred definition is by the World Business Council for Sustainable Development( WBCSD) ( 1999) that defines CSR as the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as of the local community and society at large Businesses not only have the economic responsibility of being profitable and the legal responsibility to follow the laws or ground rules that guide their ability to achieve their economic requirements, but they also have ethical responsibilities that include a range of societal norms, or standards (Carroll, 2000). CSR has been around for more than two decades. During the later half of twentieth century there arose the idea of the corporate social contract, which today underlies the CSR concept. Given the sometimes adverse effects of business decision making on society as well as corporate reliance on society, the notion of an implied corporate social contract was conceived by social and economic theorists. This contract spells out societys expectations of business as well as (although much less discussed) businesss expectations of society (Bowie, 1983). CSR means being a good steward of societys economic and human resources ( Journal of Consumer Marketing, 2001). In summary, CSR entails the obligation stemming from the implicit social contract between business and society for firms to be responsive to societys long-run needs and wants, optimizing the positive effects and minimizing the negative effects of its actions on society. To synchronize that organizational social responsibility concerns are treated in the same routine manner in which legal, financial, and marketing concerns are addressed, four theories of corporate social responsibility have been advanced in the literature. The four positions are the classical, stakeholder, social demandingness, and social activist theories. The classical theory is the oldest of the four, and is grounded in classical economic theory. Firstly business executives are said to be primarily responsible to the shareholders of the corporation and their primary goal is to promote efficiency and secure effective economic performance. Secondly managers are said to be responsible to respond to the shareholders demands. These views are often thought to coincide with each other, because it is usually assumed that the main demand of shareholders is to maximize economic performance. In addition, both versions agree that managers are to perform their corporate function according to the laws and, thus, to avoid such things as fraud and deception. Friedman (1970), points out Here the businessman self-selected or appointed directly or indirectly by stockholders is to be simultaneously legislator, executive, or jurist. He becomes in effect a public employee, a civil servant and even though he remains in name an employee of a private enter prise. This theory, albeit the oldest of the four theories, is still well and alive; it has many supporters and proponents among academicians and practitioners. The second theory is the stakeholder theory which integrates the main idea of classical theory, that is, corporate executives are responsible to stockholders. Nevertheless, what differs it from classical theory is that other groups are directly affected by the conduct and decision of the firm. These groups can employees, consumers, creditors, suppliers, and legal sub-systems who have a stake in the organisation and who might affect, in one way or another, the corporate decision making process. Furthermore, corporate executives have a direct responsibility to promote the interests of these groups. The main disagreement among stakeholder theorists, however, over whether stakeholder interests of these groups take precedence over the financial interests of stockholders or the stakeholder interests are the overriding ones. Social demandingness theorists argue that corporations have a responsibility to protect and promote certain interests of the general public. They agree with the stakeholder theorists that the interests of stakeholder groups are important, but they believe that these interests do not override non-stakeholders interests or demands for such things as safety, health, freedom, and prosperity. As with the stakeholder theory, this theory repudiates the notion that there is some balanced or sensible list of tangible responsibilities that corporate executives always have toward society. The list varies as the nature and ranking of the interests or demands of the public change. The fourth and final theory is the social activist theory which is distinctively the most socially and morally demanding of the four theories. While agreeing with the stakeholders and social demandingness theories that executives have responsibilities toward stakeholders groups and the general public, social activists theorists argue that corporate managers should sometimes strive to undertake projects that advance the interests of the public even when these undertakings are neither expected nor demanded by them. Social activists theorists contend that such projects should, for the most part, be in the area of corporate know-how, but they sometimes urge that executives deliberately take on social projects for which they have no special training or expertise 2.1 Types of CSR and Corporate Governance The notion that business has duties to society is firmly entrenched, although in the past several decades there has been a revolution in the way people view the relationship between business and society. Carroll (1979) and other researchers believe that we should judge corporations not just on their economic success, but also on non-economic criteria. Carroll (1979) proposed a popular four-part definition of CSR, suggesting that corporations have four responsibilities or four faces (Carroll, 2000b, p. 187) to fulfill to be good corporate citizens: economic, legal, ethical and philanthropic: Economic responsibility. Economic responsibility is to be profitable for principals, by delivering a good quality product, at a fair price, is due to customers. Legal responsibilities. Legal duties entail complying with the law and playing by the rules of the game Ethical responsibilities. Ethical duties overcome the limitations of legal duties. They entail being moral, doing what is right, just, and fair; respecting peoples moral rights; and avoiding harm or social injury as well as preventing harm caused by others (Smith and Quelch, 1993). Philanthropic responsibility. Interest in doing good for society, regardless of its impact on the bottom line is what is called altruistic, humanitarian or philanthropic CSR. Giving back time and money in the forms of voluntary service, voluntary association and voluntary giving is where most of the controversy over the legitimacy of CSR lies. CORPORATE GOUVERNANCE (CG) Moreover, CSR is closely linked with the Corporate Governance of the organization, be it hotel organization. Any of those types of CSR should start in the hotel organizations first and then move to external environment. The key people should be taken into consideration so the CSR practices should be geared towards the internal customers who will in turn become CSR delegates to reach the external customers and environment. Companies must improve their business models by bringing CSR and sustainability into their strategy. Shleifer and Vishny (1997) define Corporate Governance as the ways in which suppliers of finance to organisations assure themselves of getting a return on investment. Over the years, Corporate Governance has evolved from the traditional profit-centered model. By incorporating the community in which firms operate, the political environment, laws and regulations, and more generally the markets in which firms are involved. 2.3 Vision of the Government Concerning CSR For the past decades, CSR activities were practice by many organizations, but it was done on an unequal proportion. To this effect, The Minister of Finance, in his 2009 budget speech announced the legal creation of the CSR Fund. After amendments, the Income Tax Act (1995 Consolidated) stipulates, any company making a profit is required as per Section 50K and 50L to contribute 2% of its book profit. This helped to create a CSR Fund so as to finance the different CSR activities in which the company is involved. The Government of Mauritius designed a framework with the objective of mandating registered companies to pay 2% of their book profit towards CSR programs that contribute to the social and environmental development of the country. 2.4 Legal framework of Corporate Social Responsibility (CSR) The legalization of CSR, has designed a new framework whereby, any company adopting a CSR activity, should first seek for approval from the CSR Committee so as the program be accredited as an eligible one. Below, are the different changes brought in the legislation so as ease CSR practitioners. Key areas can be found in the Amended Income Tax Act (1995 Consolidated, Section 50K and 50L) which are as follows; Approved non governmental organization (NGO). The NGO should follow certain criteria. These criteria can be summarized as follows; The NGO should have a legal locus stand The NGO should be run on a non-profit basis. The cost involved in implementing the CSR program should not exceed 15% of the total cost. Proper records and books should be kept by the NGO and must summit certified audit reports. Special Purpose Vehicle (SPV). Any company whose CSR Fund exceeds Rs. 2 million can use a Special Vehicle to implement its CSR programs. The criteria for Special Purpose Vehicle and an approved NGO are the same. Corporate Partners. Sometime, companies call upon organizations which conduct CSR activities on behalf of the company. These organizations should follow the same criteria as above, to the exception that companies with a CSR budget less than Rs. 2 million, using a corporate partner should not spend more than 25% of the 2% CSR value budget in implementing the CSR programs. The CSR Committee has adopted two categories of CSR Fund: The 2% of the book profit is equal to Rs.2 million or above, that is, CSR programs are conducted with a CSR Fund of equal Rs 2 million or above. The 2% of the book profit is less than the Rs. 2 million, that is, CSR programsare conducted with a CSR Fund of less than Rs 2 million. Figure 1 and 2 below shows how fund are being channeled so as to harmonize CSR practices. Figure 1(Modalities for a company with book profit less than Rs 100 million) Figure 2(Modalities for a company with book profit above Rs 100 million) As seen above, figure 1 and 2 shows clearly, if any amount of unused fund from the CSR Fund should be remitted to the Mauritius Revenue Authority (MRA). All companies, remitting their return at the end of a tax year should submit a return on the different CSR activities undertaken by the company during the tax year. 2.5 CSR Fund This refers to the amount collected for implementing CSR activities. As seen above, in Figure 1and 2, programs can be either corporate or national. Corporate CSR programs are those activities internal to a company. The usual beneficiaries are the company employees. It may vary from size of the company to the number of employee within. Corporate programs are financed by the of the 2% book profit. National program are those programs, which are perceived as national inequalities. Example of National program can be: Socio Economic Development( fight against gender and human rights) Health Education and training( empowering women) Leisure and sports Environment Calamities intervention and support Eradicating absolute poverty Any amount left, unused in the corporate CSR Fund, is remitted to the MRA. This amount is deposited in the National CSR Fund which will be used to combat the above mention inequalities. The National CSR Fund is approximately of Rs 2 billion( CSO,2010). 2.6 The Hospitality Industry -Definitions Definitions of the hospitality have been approached from a number of different perspectives. Most of them combine physiological and psychological elements with security and levels of service. Hospitality is concerned with the provision of physiological and psychological comfort with defined levels of service. The satisfactions may be physiological (thirst, bed, warmth), economic (value for money), social (company, service) and psychological (self-esteem, status, security). C. Cooper, R. shepherd, J.Westlake (1994) Even if the approach to defining hospitality may shift according to the authors, there are a number of integral elements that are common to all. These are: Hospitality is a complex combination of tangible and intangible features and benefits Hospitality involves a satisfying interaction between the service provider and the customer Hospitality provides guests with security, psychological and physiological comfort by offering food, beverage and accommodation. Therefore, bearing in mind the above characteristics, a simpler definition of the hospitality industry may be: The Hospitality Industry is involved with providing accommodations, food, beverage, entertainment, comfort and recreation for travelers away from their usual residences and normal surroundings. The industry also naturally look forward to meet the customers needs for safety and support of their persons, property, modes of transportation, and even the varying purpose of their travel. Speaking generally, those who make use of hospitality services demand attainment of a professional level of quality consistent with world standards, although perhaps adjusted for local conditions. They anticipate the facilities will be clean, comfortable, safe and secure. They expect good food and beverage at a reasonable rate. Furthermore, they look for courtesy, friendliness, respect and identification from the host. Perhaps more importantly they demand honesty, truth and equity in their dealings with the operator and his employees. 2.7 Hospitality Industry In Mauritius HISTORICAL BACKGROUND In Mauritius, the first hotel was the Park Hotel in 1952 so as to accommodate the crew members coming at that time. Then came the Mauritius Hotel, the first beach hotel, built in 1954 at Le Morne followed by Le Chaland, another beach hotel in 1961. But the real development of tourism took place soon after Mauritius got its independence from the British. In early 1970`s the creation of Trou aux Biches Hotel by the Mauritius Hotels, the setting up of the Club Medità ©ranà ©e and the Saint Gà ©ran Hotel by the Southern Sun Hotels as well as the Merville Beach Hotel by the ex-British Colons who wanted to come back here during the winter months of England. The Mauritius Hotel is now the Beachcomber group and the Southern Sun Hotels is the Sun International Resorts Limited. At present there are 105 hotels in Mauritius (operational) and there are not less than 5 more under construction as per the registered list set by the Ministry of Tourism. The numbers of hotels, rooms and bed places have increased constantly from 1991. Moreover the Prime Minister has announced his vision to reach 2 million tourists in 2015. Consequently an average annual growth of 10% in tourist arrival is expected. In order to reach this target, an approximate number of 18500 rooms should be made available. This will bring about the creation of around 37000 direct jobs and double the amount in terms of indirect jobs. Due to the rapid growth of tourism and hospitality industry, government has introduced incentives for the private sector to bring in a sustainable development, namely by corporate governance and corporate social responsibility. This is achievable through proper public-private sector partnership. Overview of the Hotel industry IN MAURITIUS The hospitality industry in Mauritius has developed rapidly during the past 25 years. The coastal regions as well as the interior part of the island are constantly changing with the construction of the hotels and the increasing number of vehicles being used for the tourism industry. In 2007, the tourism industry was considered the third pillar of the economy after Sugar and Textile, and currently it plays a vital role in the economic growth of the country. The undoubted fall of 35% in the price of sugar and the removal of preference agreement with the EU market, has earmarked the tourism industry as the main industry capable of boosting the Mauritian economy. In April 2010, according to the last bulletin published by the Central Statistical Office (CSO), Mauritius welcomed 249,971 tourists as compared to 232,908 in corresponding quarter in 2009, registering a 7.3% growth. Net receipt of Rs 11,021 million, that is, a growth of 7.4% compared to Rs 10,265 million for the same period last year. Figure 3 below show the arrival of tourist compared to the same period last year. Figure 3; table of arrival of tourist till the end of March Source: CSO data dated April 2010 But after two decades of impressive growth, the need for responsible corporate governance has been felt in the country as the attitudes; mentality and knowledge of those working in that industry have not evolved at the same pace in terms of social responsibility and environmental awareness. Impacts of this rapid and somehow unplanned development are being experienced in the environment at large. Still, a lot has to be done to meet the competitive edge through proper campaign and involvement of all stakeholders so as to contribute towards sustainable development of the hospitality sector. In order to support its continuous growth, the Mauritian Tourism and Hospitality industry needs well-trained staff with full knowledge of their product while respecting the socio-economic and cultural environment in which the Mauritian tourism product is evolving. It is really important to maintain a high standard of efficiency and service so as to meet the requirements of an increasingly competitive and sophisticated global market. 2.8 CSR in the hotel industry In Mauritius Within the hospitality industry it has been agreed that there are increasing environmental and societal concerns. The big question is how to manage our environmental impact as demand grows against a backdrop of increasing vulnerability. As a result of demand for more sustainable destinations and travel preferences, management policies are being felt. Hotels practicing CSR look at the following areas: Workplace (where employees are treated equally and fairly) Marketplace (stakeholders) Environment (which has to be sustained for the future generation) Community Ethics Human rights Many hotels are now aware of CSR practices and have begun to use environmental-friendly products. Hotels in Mauritius are reducing the use of hazardous or non-degradable chemicals. Big hotel chains like Oberoi Mauritius recycle oil, water and plastic bottles while all hotels with more than 50 rooms are compel to recycle water as per the legislation. Hotels tend to purchase products that have a reduced environmental impact during their life cycle, from suppliers that demonstrate environmental and social responsibility to their customers and the society. Furthermore, Association des Hoteliers et Restaurateurs de L`Ile Maurice (AHRIM), is fully supporting the CSR initiatives initiated by the Mauritian Government. Through its members, they are actively putting forward the CSR activities on a regional basis all over the island. Stakeholders (employees, customers, shareholders, suppliers, business partners, government) are getting more and more involved the hotels CSR activities. Hotel employees are educated to make a conscious decision in favour of environment and social issues in their private and business lives. Hotel guests are informed about CSR activities and are asked to participate in responsible business activities within the hotels and to work together to find innovative solutions that satisfy the hotels economic, environmental and social objectives. Managers are asked to abide by local and EU legislation especially on labour laws, health and safety, human rights and the environment. A great deal can be done when developing a hotel property in order to make both the development process and the eventual operation more environmentally sustainable. One of the aims of CSR is to make the community benefit from the hotel industry. 2.9 Benefits of CSR in the hotel industry Hotels who adopt CSR into their operations and public image depend on the following factors: Size Level of diversification Research and Development Advertising Government Intervention Consumer Income Labour market conditions Stage of the industry life cycle However this differs for different hotel organization, for example, larger hotels like international hotel chains may operate a CSR program at a lower cost than a small hotel because of economies of scale. It is a method for organization to distinguish themselves from their competitors Firstly, hotels benefit from CSR as it helps to reduce operating cost such as implementing of recycling and energy saving programs. Secondly, their brand image and reputation are enhanced as consumers prefer companies with CSR programs. Another benefit derived by hotels is in terms of productivity and quality since productivity goes up whenever working conditions improve. Other beneficiaries of the CSR programs are immediate environment in which the company is evolving. It comprises of the local community, neighboring villages, employees who usually live in those areas, the hotel guests and the host country at large. Hotels are expected to have ethical and social commitments, valued connections with partners and consistency over time to build trust with the stakeholders. In doing so, the hotel organizations are also developing societal marketing concept, therefore beneficiate from it.
Wednesday, October 2, 2019
Interview Report: Leadership in the Healthcare System Essay -- Intervi
Introduction Leadership is increasingly important in today's society. Many experts and scholars point out that the current leadership crisis concerns moral and character problems in many leaders (Ahn, Ettner, & Loupin, 2012; Callahan, 2004; Wright & Quick, 2011). The following interview report is intended primarily for exploration and comparison of the traits and characteristics of leadership. A leader of a clinical medicine centre was interviewed for this report. The purpose of this report is to explore the leadership characters and traits, and how they can be developed in this turbulent environment. First, I make a brief introduction regarding the background of the respondent and her working environment. The report also describes this leader's personal and subjective perceptions in relation to a literature review which investigates the traits and characteristics of leadership. The report concludes with a comparison and discussion of the results of the clinical condition on the basis of the int erview and literature review. At the same time, the report aims to put forward feasible and effective advice and specific programs for present and future leaders and managers in the health care system. Methodology 1. The respondentââ¬â¢s traits and characteristics This is a nearly 40-minute interview. The object of this interview is the leader of a community medical centre. This medical centre has five physicians, two nutritionists, one occupational therapist, a nurse and three service desk receptionists. This medical centre serves the community of more than five thousand patients now. After the interview, integration of the following eight items in this leaderââ¬â¢s characteristics and traits. 1) Vision Orientation She is vision orien... ...uarterly, 22, 975-978. Retrieved from http://www.sciencedirect.com.libraryproxy.griffith.edu.au/science/article/pii/S1048984311001172#. Wright, T. A., & Goodstein, J. (2007). Character is not ââ¬Å"deadâ⬠in management research: A review of individual character and organizational-level virtue. Journal of Management, 33, 928ââ¬â958. Winning leadership traits. (2008). Partner's Report, 08(2), 10-11. Retrieved from http://search.proquest.com.libraryproxy.griffith.edu.au/docview/200656366?accountid=14543 Yeh, Q. (1995). Leadership, personal traits and job characteristics in R&D organizations: a Taiwanese case. Leadership & Organization Development Journal, 16(6), 16-26. Retrieved from http://www.emeraldinsight.com.libraryproxy.griffith.edu.au/journals.htm?articleid=1410392. Zaccaro, S. J. (2007). Trait-Based Perspectives of Leadership. American Psychologist, 62(1), 6-16.
Comparing Existentialist Values in The Metamorphosis and The Stranger (The Outsider) :: comparison compare contrast essays
The Metamorphosis and The Stranger - Existentialist Values Franz Kafka's The Metamorphosis and Albert Camus' The Stranger, both feature protagonists in situations out of which arise existentialist values. Existentialism is a philosophy that emphasizes the uniqueness and isolation of the individual experience in a hostile or indifferent universe, regards human existence as unexplainable, and stresses freedom of choice and responsibility for the consequences of one's acts . In The Metamorphosis the protagonist, Gregor Samsa, realizes his existentialism towards the end of the novella. In contrast, Monsieur Meursault, the protagonist in The Stranger, knows of his existentialism, only realizing his life's lack of meaning moments after he is sentenced to death. Despite the somewhat absurd nature of The Metamorphosis, and the realistic nature of The Stranger, similar values are communicated to the reader. The easiest to pick out being that it is up to the individual to create his/her own life, and that the inhuman behaviour presented by both protagonists will eventually lead to very bad things; namely death in both novellas. These deaths are, however, very different, as are the methods through which Kafka and Camus have made each novel nothing but `a philosophy put into images' . Meursault (the narrator) in The Stranger only sees and only wants to see the absolute truth in society. The readers first encounter with him... Maman died today. Or yesterday maybe, I don't know. I got a telegram from the home: "Mother deceased. Funeral tomorrow. Faithfully yours." That doesn't mean Anything. Maybe it was yesterday . ...immediately gives an impression of a lack of emotion towards the demise of his mother. This lack of emotion highlights the existentialist ideal that we all die, so it doesn't matter what life we have while we are alive. We simply exist, as did Meursault. It becomes apparent, as the novella unfolds, that Meursault has acquired an animal like indifference towards society. His interactions with his neighbour Raymond are an example of his indifferences. It never dawns upon Meursault that society does not condone his interactions with the pimp, avoided by his community. Meursault simply acts to fill his time. Being a single man, he has a lot of time to fill, and finds the weekends passing particularly slowly.
Tuesday, October 1, 2019
The Progression of Transgender Rights in the Workplace
Since 1975, Congress has considered amending Title VII to include a ban on employment discrimination based on sexual orientation. Most of the first employment discrimination cases brought by transgenders were dismissed because there is no federal law designating transgender as a protected class, or specifically requiring equal treatment for transgendered people. Until recently, Title VIIââ¬â¢s lack of legislative history and failed attempts by Congress to introduce or pass gender identity employment discrimination legislation left courts with little reason to deviate from precedent.Recent landmark cases have demonstrated that courts can successfully transcend societal prejudices and expand sex discrimination to cover discrimination against transgendered people. For the most part, gender discrimination cases arise under Title VII because it is enforceable against a vast majority of employers. In contrast, two of the cases discussed below include claims based on the Fourteenth Amend mentââ¬â¢s Equal Protection Clause which protects only against discrimination by government employers. Smith v. City of SalemJimmie Smith is a transsexual, diagnosed with Gender Identity Disorder (GID)[i]; he was born a biological male, but has a female sexual identity. After being diagnosed he began expressing a more feminine appearance on a full-time basis, including while at work at the Salem Fire Department. Smith notified his immediate supervisor when co-workers began questioning his appearance and commenting that his mannerisms were not masculine enough. Smith requested the conversation be kept confidential. Against his wishes, the chief of the fire department was informed, followed by the law director of the city.During a meeting with the Cityââ¬â¢s executive body on April 18, 2001, the likelihood of Smith completing a physical transformation from male to female was discussed, along with a plan to terminate his employment. The group agreed to require Smith to participat e in three psychological evaluations in hopes that he would resign or refuse to comply. On April 20, legal counsel retained by Smith informed the Cityââ¬â¢s executive body of the legal ramifications of proceeding with their plan. Six days later Smith was suspended for a full twenty-four hour shift based on an alleged infraction of department policy.Smith viewed the suspension as a pretext for sex discrimination and as retaliation for obtaining legal counsel and filing a compliant with the Equal Employment Opportunity Commission (EEOC). As a result of these incidents he filed suit against the City of Salem under Title VII of the Civil Rights Act of 1964. [ii] The trial court dismissed the suit on the grounds that Title VII protection is unavailable to transsexuals. [iii] On appeal, the Sixth Circuit of the Supreme Court reversed the district court ruling, noting that it relied on a series of pre-Price Waterhouse decisions. iv] In such cases federal appellate courts regarded Title VII as barring discrimination based only on sex, not on gender.The landmark case of Price Waterhouse v. Hopkins[v], established a claim of sex stereotyping for employees who suffer adverse action for failing to conform to the stereotypical gender expectations. Based on this decision, the Sixth Circuit opinion states, After Price Waterhouse, an employer who discriminates again a woman because, for instance, they do not wear dresses or make-up, is engaging in sex discrimination because the discrimination would not occur but for the victimââ¬â¢s sex.It follows that employers who discriminate against men because they do wear dresses and makeup, or otherwise act femininely, are also engaging in sex discrimination, because the discrimination would not occur but for the victimââ¬â¢s sex. [vi] The Sixth Circuit held that a self-identified transsexual can sue for sex discrimination under Title VII on the basis of discrimination due to non-stereotypical behavior and appearance and there fore, Smith's transsexual identity did not affect his well-pleaded claims of sex stereotyping and gender discrimination.The case outcome also established that successful plaintiffs no longer have to be members of a protected class; all they must show is behavior stereotypical to that class to qualify for protection as a member of that class. Less than a year later the Sixth Circuit affirmed their decision in Barnes v. City of Cincinnati. [vii] The district court also dismissed Smith's claims pursuant to 42 U. S. C. à § 1983 on the ground that he failed to state a claim based on the deprivation of a constitutional or federal statutory right.The Sixth Circuit found that the facts Smith alleged to support his claims of gender discrimination pursuant to Title VII easily constituted a claim of sex discrimination grounded in the Equal Protection Clause of the Constitution, pursuant to à § 1983. Therefore, the the district court's dismissal Smith's Equal Protection Clause claim was rever sed. Barnes v. City of Cincinnati In 1998, Phillip Barnes, a police officer with the Cincinnati Police Department (CPD) since 1981, passed a promotional test to become a sergeant.At the time he was living as a pre-operative male-to-female transsexual. While on duty Officer Barnes lived as a male but often lived off duty as a woman. Following the promotion he began a standard probationary period intended to allow superior officers to observe newly appointed sergeants to determine whether the person should remain in the position. After being subjected to a rigorous training program Barnes failed his probationary period. Throughout the probationary period Sgt. Barnes was subject to more intense and formalized training than other sergeants.Examples of such unequal treatment included an increased number of shifts, being required to wear a microphone and ride in a car with a video camera. Inappropriate comments about his sexuality and sexual preferences were a common occurrence. Barnes wa s the only person to be put in a Sergeant Field Training Program and the only one to fail probation between 1993 and 2000. Barnes claimed his failure of probation was due to illegal sex discrimination based on his failure to conform to sex stereotypes and filed a compliant with the Equal Employment Opportunity Commission, followed by a suit against the City of Cincinnati.In Barnes v. City of Cincinnati [viii] the jury returned a verdict in Barnesââ¬â¢s favor in the amount of $320,511 and the Southern District of Ohio court awarded $527,888 in attorneyââ¬â¢s fees and $25,837 in costs. Barnes made a prima facie case for sex discrimination asserting the CPD violated Title VII by subjecting him to disparate treatment and by maintaining a work environment that was hostile to him because of his sex. Price Waterhouse established Title VII prohibits discrimination against a man because he fails to conform to the stereotypes associated with being male.The CPD argued they demoted Barnes not because of his failure to conform to sex stereotypes, but because he failed to comply with grooming and uniform standards and did not display the appropriate command presence. The City appealed and in 2005 the United States Court of Appeals affirmed the judgment of the district court. [ix] Schroer v. Billington Ex-Special Forces Colonel David Schroer was the dream candidate for the position of Specialist in Terrorism and International Crime with Congressional Research Service (CRS) at the Library of Congress.However, three weeks prior to his anticipated start date, he was informed that the job offer had been rescinded. He received this news the day after a lunch meeting with the selecting official Charlotte Preece, during which he revealed that he was transgender and had made the decision to pursue sex reassignment surgery. [x] Schroer, now legally Diane, filed an administrative compliant with the Equal Employment Office of the Library of Congress, alleging sex discrimination u nder Title VII but was unsuccessful. Schroer then sued and after a bench trial in August 2008 the District Court for the District of Columbia found in her favor.Judge James Robertson held that discrimination on the basis of changing sex was discrimination on the basis of sex, and prohibited by Title VII of the Civil Rights Act of 1964. Although Schroer had already been diagnosed with GID, he applied for the position before he changed his legal name or began presenting as a woman. He believed if he started work at CRS as a woman it would be less disruptive and this decision prompted him to schedule the lunch meeting with Preece. Due to the classified nature of the job position Preece was concerned with Schroerââ¬â¢s ability to get security clearance.Her perception of David Schroer as especially masculine, because of his prior Army and Special Forces background, made it difficult for her to visualize Diane Schroer as anyone other than a man in a dress. Preece admitted that she beli eved that others at CRS, as well as Members of Congress and their staffs, would not take Diane Schroer seriously because they, too, would view her as a man in women's clothing.Schroerââ¬â¢s original complaint[xi] alleged only that her non-selection was the direct result of her disclosure of her gender ysphoria but in an amended complaint[xii] asserted that she was discriminated against because when presenting herself as a woman, she did not conform to Preeceââ¬â¢s sex stereotypical notions about womenââ¬â¢s appearances and behavior. Judge Robertson concluded that Schroer was entitled to judgment based on Price Waterhouse claim for sex stereotyping and additionally she was entitled to judgment based on the language of the statute itself. Evidence established that the library revoked the job offer after learning a man named David intended to become a woman, thereby discriminating on the basis of sex.The government was ordered to pay $183,653 for back pay and benefits, $300,00 0 for non-pecuniary losses, and $7,537. 80 for past monetary losses. Schroer was awarded the maximum amount allowed, nearly $500,000. Glenn v. Brumby Vandiver Elizabeth Glenn, formerly known as Glenn Morrison, began working as a Legislative Editor for the Georgia General Assemblyââ¬â¢s Office of Legislative Counsel (OLC) in 2005. The same year she was diagnosed with GID and in preparation for sex reassignment surgery began living as a woman outside of the workplace. The following year Glenn informed her immediate supervisor of her intentions.Glennââ¬â¢s plan to undergo gender transition from male to female was relayed to Sewell Brumby, the head of the OLC. After confirming that Glenn intended to transition, Brumby immediately terminated her. Brumby believed the change would be disruptive and that co-workers may find it morally unacceptable, thereby making them uncomfortable. [xiii] Glenn filed a federal lawsuit in Georgia asserting that she was treated differently due to the n onconformity with gender stereotypes that she evidenced by her determination to live in accordance to her female gender identity. xiv] She filed suit pursuant to 42 U. S. C. à § 1983 for violations of her rights under the Equal Protection Clause of the Fourteenth Amendment[xv] of the U. S. Constitution which requires each state to provide equal protection under the law to all people within its jurisdiction. In August 2010 the trial court granted relief to Glenn on the basis of sex discrimination and ordered that she be reinstated to her job. [xvi] However, Brumby appealed the decision and all parties agreed that for the duration of the appeal process Glenn would receive full salary and benefits in lieu of returning to work.In December 2011, the U. S. Court of Appeals for the Eleventh Circuit ruled to uphold the lower court ruling that the Georgia General Assembly discriminated against Glenn. Although Glenn chose to pursue only a remedy for the Fourteenth Amendment violation, the El eventh Circuit still drew upon U. S. Supreme Court cases interpreting Title VII to reach its conclusion. [xvii] Whether purposely or not, the Supreme Court in Price Waterhouse provided transgender plaintiffs with a claim for relief under Title VII and had sweeping implications for transsexual employment rights.Although the case did not directly address transsexualism, it expanded on the meaning of sex under Title VII. In the time since, transgenders have successfully started bringing claims for discrimination using the Price Waterhouse sex stereotyping theory. As a result transgender discrimination issues have transcended to broader legislation such as the Equal Protection Clause. The legal status of transsexuals in the workplace is complicated and often uncertain; however the protections for transsexuals continue to multiply as litigation sets precedent for equality.
Monday, September 30, 2019
The Odyssey as a Classic
Classic literature often provides insight to an ancient society, their values, and their beliefs. Many books that are considered classics today focus on ancient Rome and Greece. Revenge, hubris, and other themes, and the relation of this book to modern life, classifies the poem The Odyssey by Homer, translated by Fitzgerald, as a classic. For this reason, it is still read today. Classic themes of The Odyssey are a reason that it is a timeless tale. The concept of revenge is often shown throughout Odysseusââ¬â¢ journey. The reason Odysseus kills the suitors is to avenge their plunder of his abode. Odysseus kills Antinoos first since he was the leader of the suitors. Not only do mortals believe in revenge, the gods do too. They encourage Odysseus to take revenge, and Zeus even sends a thunderbolt down to signal the right time for Odysseus to strike. Another theme in the Odyssey is hubris. In most classic, the hero or protagonist demonstrates this quality. This was followed up on in The Odyssey, where Odysseus was the character who demonstrated hubris the most. After he blinded Polyphemos and successfully escaped, he screamed out his name to the monster, who did not know his real identity previous to this. This was a mistake caused by his excessive pride, because he wanted the Cyclops to know that he, Odysseus, was powerful enough to blind the son of Poseidon. Polyphemos then prayed to his father that Odysseus would have a long and difficult journey, which of course Poseidon honored. Lastly, the use of the loom in The Odyssey helps to make the poem a timeless classic. The loom is used multiple times by women throughout the story. It often demonstrates hearth and home. Penelope uses it to trick the suitors. She says that she must complete the shroud of Laertes before she chooses a new suitor. This makes the suitors respect Penelope since it displayed her kindness and honor. In reality, Penelope was really avoiding marriage by unweaving the shroud every night. Kirke also used the loom to lure Odysseusââ¬â¢ crew into her house and make it appeal to them. This constant use of the loom is a motif. The use of motifs makes a piece of literature a classic because they create a sense of continuity and security, and they get the reader to react. The themes of revenge and hubris, and the use of motifs allow The Odyssey to be a timeless classic. The relation of The Odyssey to modern life accounts for its continued appeal. The story of Odysseusââ¬â¢ journey can in many ways relate to the typical life of humans today. The story is life, but mythologized. For example, missing a loved one is something that often occurs today. In The Odyssey, Odysseusââ¬â¢ mother dies because she misses her son too much. Her story is told while Odysseus sees her in Hades. Second, individuals intervene in the matters of others. Other people provide their input of a problem today, while in the epic poem it was the gods. This intervening of the gods was a large part of the story. For example, if it wasnââ¬â¢t for Athena ââ¬Å"erasingâ⬠the memories of the suitorââ¬â¢s deaths to their families, then the families would have attempted to assassinate Telemakhos and his father. Also, Odysseusââ¬â¢ journey would have been incredibly shorter if it werenââ¬â¢t for Poseidon intervening after Polyphemos prayed to him to make Odysseusââ¬â¢ journey longer. One of The Odysseyââ¬â¢s universal qualities is the relation of it to life today. Themes such as revenge, hubris, motifs, and reader-to-text connections are examples of universal qualities included in the poem The Odyssey by Homer, translated by Fitzgerald. These qualities classify this poem as a classic. 3000 years after it was published, it is still thriving. One of the oldest works of literature is still considered a timeless piece of literature today.
Sunday, September 29, 2019
Theme of Oppression: Waiting for Snow in Havana compared to Kaffir Boy
A paradigmatic moral witness ââ¬Å"is one who experiences the sufferingââ¬âone who is not just an observer but also a sufferer. â⬠Carlos Eire, Professor of History and Religious Studies at Yale University and author of Waiting for Snow in Havana, is a moral witness. His book is a memoir of childhood and exile, the recollections of a privileged boy who, at the age of 11, was one of 14,000 children airlifted from Cuba, separated from his parents and, with only a small suitcase in hand, dropped off in a land in which he did not know a soul.The book is, however, more is a record of suffering endured at the hands of evildoers. As its subtitle indicates, Eire writes in the style of confession. Unlike Elie Wiesel, for instance, he does not mainly register evil and suffering to honor the sufferers and warn future generations or to accomplish an inner catharsis. He probes deeply into the warping that evil produces in the souls of victims and struggles with frightening honesty, born of faith, on a journey of redemption from its sinister power.So moving, so wildly humorous and yet so stern in its moral judgment, so concentrated on the self but so concerned with others and their redemption, a story so rooted in a specific time and place and yet so universal in import. Evil keeps appearing in the shape of a lizard, and the lizard of lizards is Fidel, who destroyed everything Eire knew as boy, wrecked it ââ¬Å"in the name of fairness, progress, the oppressed, and of love for the gods Marx and Lenin.â⬠Contrary to what one might expect, the redemption toward which Eire is groping bears the face not of a political figure or a social program but of Jesus, who ââ¬Å"wept with joy upon seeing all the world's sins embedded in those mean, raw pieces of wood that meant death for Him at the age of thirty-three. â⬠A Cuban nun taught him the meaning of redemption. She was wise enough to talk to the orphaned and exiled children not ââ¬Å"about their present situa tion,â⬠utterly dire as it was, but ââ¬Å"in universal terms about [their] faults and about redemption from them. ââ¬Å"In his search for redemption, Eire wrestles with two issues. First, what to do with desire bereft of a precious object, a boy's desire that yearns for what it could have had as much as for what it lost. ââ¬Å"In the past thirty-eight years I've seen eight thousand nine hundred and seventeen clouds in the shape of the island Cuba,â⬠writes Eire, an exiled man in his early fifties. Second, how does one make peace with enemies, even more, how does one love them? ââ¬Å"My dream of dreams,â⬠writes Eire toward the end of the book, is to ââ¬Å"kiss [the lizard] fondly, and let go forever.â⬠The original title of the book, rejected by the publisher as too offensive, was Kiss the Lizard, Jesus (Jesus Rubio was the main character in that first version of the book, conceived as a novel rather than a memoir). Much of what Eire is after as he sifts thro ugh recollections and the emotions stirred by the recollected events can be described as the redemption of memories: ââ¬Å"imagine the sound of memories that have nothing to do with Batista or Fidel. â⬠So how does Eire's journey toward redemption look?You must read the book yourself. One thing that will strike you immediately is the style. Here is its unforgettable first sentence: ââ¬Å"The world changed while I slept, and much to my surprise, no one had consulted me. â⬠Then there is the perspective. Eire combines a way of seeing the world often associated with magical realism (except that it is ââ¬Å"all true,â⬠or ââ¬Å"at least 98. 6% of it,â⬠as he told me) with a humor the likes of which I've never seen beforeââ¬âa humor that is not garnish but a way of life and itself a vehicle of redemption.An even more important element of redemption than humorââ¬âan element which lets humor do the redemptive work and not just relieve Eire temporarily of lif e's burdensââ¬âis his robust faith in God. His own peculiar ââ¬Å"proofs of God's existenceâ⬠(proof no. 5, ââ¬Å"the ultimate proofâ⬠: desire) structure the whole text, and he repeatedly reads his own story within the framework of salvation history (e. g. , the exiled children of Cuba are the slaughtered children of Bethlehem; as a fatherless boy he sees himself in the image of God's Son abandoned by the Father).The aftereffects of that nun's talk, which left him in a ââ¬Å"stupor, wondering what had hit [him],â⬠are felt throughout the book. Can one get no redemption before the dawn of the world to come? One can. Eire writes as a man who has tasted the sweet savor of a new life even as he is drinking from the bitter cup of evil's memories. He has kissed many lizards, he says. That is why when he condemns Emesto, a lizard slightly trailing Fidel in ugliness and wickedness, the worst punishment he can think of is for him to be embraced by Jesus eternally.So wri tes a man who has admittedly not yet been freed from anger but has offered it up to God and is ââ¬Å"letting Jesus take care of it. â⬠Eire's questions are spiritual: How do we live with memories of irretrievable loss and violation, given that for victims, memories are not so much a solution as a problem? How do we relate to the perpetrators? How do we find healing of losses and redemption from evil? Eire's answers are religious: we find redemption by having our stories inserted into God's story and in everlasting life with God, the source of our life and salvation and the telos of all our desires.ââ¬Å"Secularâ⬠and ââ¬Å"religiousâ⬠are alternatives, but the ethics of memory and the redemption of memories need not be. The advantage of Eire's religious struggle for the redemption of memories is that, if pressed, he can integrate the ethics of memory into his perspective. Eire offers redemption of memoriesââ¬âand redemption of people who remember. The story â⠬Å"Kaffir Boyâ⬠deals with the agony of racism. In Mark Mathabane's ââ¬Å"Kaffir Boy,â⬠Mark has grown up in poverty. Though Mark is told that he will never amount to anything because he is black, Mark strives for success since he has nothing to lose.Through a comparison of different reactions to prejudices revealed in the stories, we learn that our choices should be determined by which options offer the greatest rewards and/or the fewest penalties. In ââ¬Å"Kaffir Boy,â⬠Mark Mathabane joins his grandmother at her workplace in the big city. Mark is astonished that white people live such extravagant lives while his family can hardly afford food. When Mark and his grandmother reach the Smith residence, Mark meets a white boy named Clyde who has been providing Mark with hand-me-downs.He tells Mark what the white children learn about in their school. Mark is shocked to hear the stereotypes that the white children have about black people. Mark is greatly insulted when Clyde tells him, ââ¬Å"My teacher says Kaffirs can't read, speak or write English like white people because they have smaller brains, which are already full of tribal thingsâ⬠(Mathabane 237). Both writings have characters that are faced with racist discrimination. However, though they go through similar scenarios of racism, their own situations and reactions to racism are different.Mark is a child who lives in poverty, but when he is told he will fail because he is black, Mark becomes motivated to prove himself to the world. What motivates people depends on the results they are trying to accomplish. If someone has more to gain than lose from a situation, they will try that much harder to succeed. Mark realized this and since he had nothing, it was all gain and no loss. The opposite is true as well ââ¬â if you strive for something that will get you nowhere or leave you in a worse position, the best thing to do is not to try.
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