Friday, January 24, 2020

Essay --

The curiosity of what our destiny will be and what our future holds has crossed our minds once or twice. Destiny is the conclusion to many life situations we are faced with in our everyday lives, but no one could figure out what their destiny is until the time is right. Antonio from the novel Bless Me, Ultima written by Rudolfo Anaya and Paikea from Whale Riders run through many conflicts trying to seek their destinies. Antonio, must choose to follow her mother’s footsteps of tending the land or become free and wild like his father and older brothers as well as deciding whether or not to follow and walk alongside Ultima, even if she may be evil. Unlike Antonio, Paikea must prove to herself and her grandfather that she is able to lead her tribe out of depression and laziness, even if she may not physically hold the components of becoming a leader. Both Antonio and Paikea are able to find their destinies, but they each have unique and individual experiences of family pressure, spiritual leaders and becoming a leader. While trying to seek their destinies, both Antonio and Paikea have conflicts with a family member who tries to decide their futures for them. Throughout the novel Bless Me, Ultima, Antonio’s parents, Gabriel and Maria Marez, constantly fight to predict what his future holds. Tony struggles between becoming tied to the land and becoming a priest like his mother wishes or becoming free like the Marez blood that runs in his body. Ultima teaches Tony that his destiny will spontaneously appear by itself without the help of his parents when she states, â€Å"A man’s destiny must unfold itself like a flower with only the sun and earth and water making it blossom, and no one else meddling in† (BMU 223). Compared to Antonio having... ...ip skills. Both Pai and Tony mature into wonderful leaders and role models at a very young age. When all the whales are trapped and dying on the side of the beach, Paikea uses it to her advantage and proves to everyone that she is the new leader. Just like her ancestor who founded her tribe, Pai climbs on top of the largest whale and rides off into the ocean. By using good judgement and making smart choice, she was no longer afraid to make the greatest sacrafice for her tribe: â€Å"I wasn’t scared to die† (WR) As Antonio grows in age and maturity, he becomes the gang’s role model, even though he is the youngest of all of them. When practicing how to confess their sins, Antonio’s group of friends decide to pick him because he knew more about religion and life than anyone else. The group confessed their deepest secrets to him as they chant, â€Å"Hail to our Priest!† (BMU 209).

Thursday, January 16, 2020

Hostile work environment

IntroductionTitle VII of the 1964 Civil Rights Act prohibits sex discrimination within the workplace. In line with this, according to the Supreme Court’s Decision in the Meritor Savings Bank v. Vinson, cases of sexual harassment occur during instances wherein a form of sex discrimination occurs. Three primary elements must be specified in order to consider a particular act as a sexual assault: (1) the disputed behavior was gender-based; (2) the behavior was sufficiently severe or pervasive to create a hostile environment; and (3) the employer is liable for the behavior (Kleiman, Cass, & Samson, 2004, p. 54).It is important to note that there are two types of sexual harassment: quid pro quo and hostile environment. The difference between the two lies in the nature of the circumstance involved. In quid pro quo harassment, the employee is required by another individual to provide sexual favors in order to enable the continuance or growth of the career of the employee involved. Ho stile environment harassment, on the other hand, occurs during instances wherein another individual’s sexual behavior leads to the interference of an employee’s work performance thereby leading to the creation of an intimidating and hostile environment.The above-mentioned distinction between the two forms of sexual harassment, are based upon the circumstance of the act involved, another distinction between the two, however, can be gleaned in relation to their effects to the individuals involved. In the former type of sexual harassment, the result of the act may be in favor to the individual involved. In the later form of sexual harassment, the act tends to impede the development of the individual involved as it leads to the creation of a hostile atmosphere within the workplace.It is important to note that the occurrence of sexual harassment within the workplace does not merely cause harm upon the individuals but it also causes harm upon the organization or institution in which such incidents occur. The Labor Department has noted that these incidents have led to the loss of millions of dollars from companies due to its ensuing effects amongst the other members of the workforce such as â€Å"loss of productivity, absenteeism, and low employee turnover† (Kleiman, Cass, & Samson, 2004, p. 54).Due to the widespread character of the incident, employers have placed into consideration the formulation of company guidelines and principles that enable the prevention of such incidents. The reasons for such actions, however, does not merely lie in the current statistical rise of information regarding the occurrence of such incidents but they also stem from the recognition that the implementation of such guidelines and principles minimizes the occurrence of low productivity resulting from incidents of sexual harassment. In lieu of this, this paper will discuss a scenario in which sexual harassment [of the hostile environment type] occurred. Such a discu ssion will pave the way for the elucidation of the conditions existing within cases of sexual harassment.ScenarioA male corporate sales supervisor (Frank) talks to a female sales associate (Mary) regarding an account within the company break room. During the conversation, Frank hinted that certain persuasive means were employed by Mary in order to get the account. At the end of the conversation, Frank implied that Mary is obliged to meet him for dinner so as not to lose the account. Mary refused and went to the Human Resource Office immediately.Analysis of the ScenarioIn the scenario mentioned above, when Mary walked away, Frank has already insinuated that Mary should give him some sexual favors before he will sign off the expense reports of Mary. While it may be argued that Frank did not explicitly ask for such sexual favors, such may implied from the facts that he approached Mary in a manner which made the distance between them seemed awkward, that he insisted on a dinner meeting beyond office hours, that he tacitly said that he will not sign the expense reports if Mary will not give in, and that he capped his approach with the words ‘if you know what I mean'. Such meaningful verbal statements and unwelcome approaches can already constituted sexual harassment. It is not even necessary that the victim suffered any injury (Harris vs. Forklift).Furthermore, the fact that Frank is not the direct supervisor of Mary, hence, there is no ascendancy between them, is not material or relevant in considering his liability. In relation to the conduct between employees, Chapter XIV of the Federal Law states that an employer is accountable during instances wherein the employer [whether an agent or supervisor] takes no heed of a reported sexual harassment if it failed to take immediate and appropriate corrective action for the reported incident. This fact thereby renders moot and academic the question whether or not Frank abused his power, authority and trust as a sup ervisor.Considering the situation mentioned above, the recommended mode of action for Mary is as follows. If she believes that, the employer is well intentioned but unaware, a possible course of action to adhere to would be to utilize the grievance complaint filed in the office at court. The importance of doing such is partly due to the dependence of receiving recovery damages from submitting the aforementioned complaint. Thus, Mary should first comply with the grievance procedure established by her employer.In case there is no such grievance procedure or in case it fails to work, she may file a claim before any appropriate state agency. In case there is no such state agency, she may file her claim before the Federal agency, which is the Equal Employment Opportunity Commission (EEOC). In the process of formulating complaints, it is necessary that any complaint she makes is documented so that they may be utilized in court during the trial period if such is the case that the complaint was not well addressed in the institution of her employment (Sexual Harassment Center, 1995). Furthermore, it is necessary that Mary consult an attorney that specializes on cases regarding sexual harassment.Conclusion and RecommendationsThe proliferation of sexual harassment cases within various institutions is a cause for alarm as far as it mirrors the manner in which certain forms of sex-based discrimination continually pervade within society. Furthermore, it also leads to the degradation of productivity within the workplace. In order to prevent such instances there is a need for organizations to create policies that are strict on incidents of sexual harassment.It has been proven, for example, that a zero-tolerance sexual harassment policy enabled the reduction of sexual harassment cases within a company (2001, p.6). Such programs may enable the encouragement of substantial punitive measures that enables employees to be fully aware of the nature of the offense. Furthermore, such programs should enable the institution of procedural rules and methods that ensures the safety of their employees in cases wherein harassment occurs. In relation to this, programs should be created that enable the dissemination of information regarding the above-mentioned policies. Such actions should be performed by organizations in order not merely top prevent incidents of sexual harassment but also in order to promote equality within the workplace.It should be recognized by companies and organizations that cases of sexual harassment does not merely occupy the social sphere but also the personal sphere thereby the importance of enabling programs that ensures its prevention ensures the development of discourses that opt for the development and furtherance of equality in both the private and public spheres.ReferencesGardner, S. & Johnson, P. (2001).   â€Å"Sexual Harassment in Healthcare: Strategies for Employers.   Hospital Topics 79:4: 5-12.Kleiman, L., Kass, D., & Samson, Y . (2004).   â€Å"Sexual Harassment and the Law: Court Standards for Assessing Hostile Environment Claims.† Journal of Individual Employment Rights, 11.1, 53-73.Supreme Court (1986).   Meritor Savings Bank v. Vinson, 40 FEP 182.

Wednesday, January 8, 2020

Gregory Lee Johnson - 950 Words

People watched in shock; Protesters and none protesters circled around as Gregory Lee Johnson lit the American Flag on fire. Why would a man disrespect a symbol such as the American flag, that represents freedom, liberty and democracy? Was he protected by the constitutions first amendment? The Supreme Court answered all these questions we had by voting in favor of Johnson. Johnsons intentions were only political, and he as the freedom of speech. The Supreme Court was correct on this decision on letting Johnson go, since he was protected by his amendments, and no matter what the action was, if the amendment gives us the right, we should be entitled to our freedoms. In August of 1984, supporters came to Dallas Texas to come to the Republican National Convention, where President Ronald Reagan was being elected to run for president for a second round. Outside of these supporters for the presidential leaders were protesters. These protesters were angry with the new Reagan Policies. Protesters marched the streets chanting Red, white, and blue, we spit on you! Kicking over flower pots, spray painting walls, and they acted out nuclear attacks. When the protesters came to the front of city hall, 100 people circled around to watch a man by the name of Gregory Lee Johnson pour kerosene over an American Flag and begin to burn it. Many people stood in awe as Johnson stood next to our desecrating flag. 45 minutes after Johnson was arrested by Texas police. The aftermath of the flagShow MoreRelated Flag-Burning is No Crime Essay1161 Words   |  5 Pagesflag, what comes to mind? One might say it shows disrespect and hatred to a country that has given so mu ch. In the case of Texas v. Johnson, Gregory Lee Johnson was accused of desecrating a sacred object, but, his actions were protected by the First Amendment. Although his actions may have been offensive, he did not utter fighting words. By burning the flag, Johnson did not infringe upon anothers natural human rights. He was simply expressing his outrage towards the government, which is within theRead MoreAmerican Desecration or Legal Articulation?693 Words   |  3 Pagesname of Gregory Lee Johnson was charged with desecrating a greatly respected object (the American Flag). His Sentence consisted of one year in prison and a $2,000 fine. Johnson was not happy with this ruling and appealed his case with two further Texas courts. Johnson’s second appeal to the Texas Court of Criminal Appeals, which is the highest court in Texas that hears criminal cases, overturned his conviction, saying that the State, consistent with the First Amendment, could not punish Johnson for burningRea d MoreThe Opposing case of Texas v. Johnson1218 Words   |  5 PagesCourt’s decision on the case of Texas v. Johnson has been a controversial one, as it involves the burning of our national symbol, the American flag. It leads to the question: Does the desecration of the American flag a way of expressing speech that is protected by the first amendment? Shouldnt the destruction of a true American symbol be protected and preserved, as it is a symbol that represents our country? There is a great amount of criticism that Texas v. Johnson has been faced with; most of whichRead MoreEssay on Case Analysis Texas V. Johnson1292 Words   |  6 PagesUNITED STATES ________________________________________ 491 U.S. 397 Texas v. Johnson CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS ________________________________________ No. 88-155 Argued: March 21, 1989 --- Decided: June 21, 1989 This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. 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According to the June 1995 House of Representatives report, Johnson burned a stolen American flag out of political protest of President Ronald Reagan. Johnson was arrested andRead MoreThe Case Texas V. Johnson782 Words   |  4 PagesAngel Deng Ms. Crouse US Government Period 6 Texas v. Johnson The case Texas v. Johnson happened in 1984, Gregory Lee Johnson burned an American flag to protest President Ronald Reagan in front of the convention center in Dallas, Texas. He was a member of the Revolutionary Communist Youth Brigade (Texas v. Johnson in 1989: Summary, Decision Significance, Stephen Benz). During the 1984 Republican National Convention, he participated in a political demonstration. The demonstrators were protesting