Wednesday, May 6, 2020
Digital Resources Analysis-Free-Samples for Students-Myassignment
Question: Write a report on the topic of Digital Resources Analysis. Answer: Introduction Organization is entirely reliant on the effective communication because it facilitates to foster a good relationship between employee and employer within business, which can in turn improve efficiency. The main aim of this research is to carry out the report on the topic of digital resources analysis. The description about the various sources data of communication is to analyze the topic in sophisticated manner which will be helpful to make the report further (Quick Hall, 2015). There are certain limitations such as lack of time to gather data regarding topic, lack of access over the data and lack of resources. Random sampling technique has been chosen for analyzing the accumulated data (Nishad Sankar, 2016). Quality is maintained in this research by using quality sources. Different methods and techniques will be described in this research program which will be used for the collection of quality and reliable data. The research process will be made so as to guide the implementation o f the report in an efficient manner Background Digital resource is latest technology which allows management to control over the various aspects within an organization. Digital matrix processor is the process of this system which provides zoning capability (Bhagat, et. al., 2017). Various kinds of communication tools have been discussed in the previous assignment which has given clear understanding about the importance of the communication within the restaurant industry. The focus has been given on the workplace motivation through innovating communication tool. Redcat Smart Point of Sales has been considered as the innovative tool in the restaurant which is able to manage the condition of the restaurant related to consumers as well as employees. It has been analyzed that the social networking can be treated as the communication platform which can be facilitated to link the external data resources (Oyza Edwin, 2015). The research will be conducted by adopting various sources of information and the particular method of research. T he importance of digital communication in the restaurant industry will be discussed in this research which will be helpful for further study. The research methodology will be described with the action plan in the research. Context Adelaide restaurant is one of the well-known restaurants and the focus of it to enhance the productivity of the worker to attract the customers towards it. It provides a numerous delicious dishes to its customer and now it wants to expand their business in an effective manner that is why it has planned to adopt the communication technology for better communication within the entity (Cline, 2014). It is vital for the organization to adopt the specific communication tool to enhance the productivity of the employee. Adelaide has decided to adopt Redcat smart point of sales application which is a most effective tool. It has been analyzed that Adelaide restaurants specialize in Italian food. It also provides spicy food as well as the different variety of sweets. The idea of the restaurant of adopting the communication will be helpful to enhance the digital communication within the organization (Cobanoglu, Yang, Shatskikh Agarwal, 2015). There is a different department in the restaurant i ndustry and it is necessary to have the good bonding between the departments to improve the cooperation. However, each department has been given the specific responsibility and the involvement of effective communication can enhance their productivity by using the communication tools (Chewning et. al., 2013). With the help of Internet or application, the manager of the restaurant can be aware of the progress of the food and can make sure about the ordered product by the customer. Redcat Smart Point of Sales is a restaurant management software in which the employees of the restaurant industry have to be registered with it so that the entire information of the employee can be found on this software. The main objective of this software is to improve the efficiency by reducing the cost to focus on customers (Shafigullina Palyakin, 2016). The deep discussion will be described about the implementation of the strategy that is Redcat Smart Point of Sales in the report. Figure 1: Digital Resource Analysis Source: (Bolden Hadlock, 2017). Proposal To gather the information in sophisticated manner, action plan has been considered which is effective to provide the clear information about the each activity with time period to gather the information. Serial no. Activities Initiation date Duration (days) Completion date Description 1) Selection of topic for research 20 November, 2017 2 21 November, 2017 Selection of the topic will be done 2) Constructing plans for the research 22 November, 2017 5 26 November, 2017 Plans will be made for conducting the research 3) Execution of the plans 27 November, 2017 9 5 December, 2017 Plans will be executed as per the planning. 4) Selection of data collection methods 6 December, 2017 3 8 December, 2017 Method for data collection will be selected for the execution of research in an effective manner. 5) Collecting data using selected method 9 December, 2017 6 14 December, 2017 Data will be collected with the help of selected methods. 6) Analysing gathered data 15 December, 2017 3 17 December, 2017 Data will be analyzed with the help of sampling data. 7) Interpretation of results 18 December, 2017 2 19 December, 2017 Results will be drawn from the analyzed information. 8) Drawing conclusion and providing recommendations 20 December, 2017 2 21 December, 2017 The conclusion will be made on the basis of the analyzed and interpreted data and recommendations will be made for future research. References Bhagat, S., Wate, P., Kurliye, R., Kadve, L., Sonune, P., Gonnade, P., 2017, E-Restaurant Android Application Using Near Field Communication, Imperial Journal of Interdisciplinary Research,3(3). Bolden, D, Hadlock, P., 2017, The New Digital Reality for Restaurants, Retriven on 23rd November, 2017, from: https://www.bcg.com/publications/2017/technology-value-creation-strategy-new-digital-reality-restaurants.aspx. Chewning, L. V., Lai, C. H., Doerfel, M. L., 2013, Organizational resilience and using information and communication technologies to rebuild communication structures, Management Communication Quarterly,27(2), 237-263. Cline, H. F., 2014,Information communication technology and social transformation: a social and historical perspective, Routledge. Cobanoglu, C., Yang, W., Shatskikh, A., Agarwal, A., 2015, Are consumers ready for mobile payment? an examination of consumer acceptance of mobile payment technology in restaurant industry.Hospitality Review,31(4), 6. Nishad, P.M. Sankar, S., 2016, Efficient random sampling statistical method to improve big data compression ratio and pattern matching techniques for compressed data, International Journal of Computer Science and Information Security, vol. 14, no. 6, pp. 179. Oyza, I. Edwin, A. M., 2015, Effectiveness of Social Media Networks as a Strategic Tool for Organizational Marketing Management, Journal of Internet Banking and Commerce. Quick, J. Hall, S., 2015, Part three: The quantitative approach, Journal of perioperative practice, vol. 25, no. 10, pp. 192 Shafigullina, A. Palyakin, R., 2016, Social Media Marketing as an Effective Instrument of the Promotion of Social Business-Project in Social Entrepreneurial Activity, Academy of Marketing Studies Journal, 20, pp.17.
Tuesday, May 5, 2020
Cyber Security Active Defence Samples for Students- Myassignment
Question: Discuss about the " Private Companies and Governments Be Able to Mitigate Cyber Attack By Destructively Counter-Striking Against Attackers". Answer: Introduction It is an unanswered question whether counter attacking the hackers is just another method of ensuring that security hacks are prevented. It is observed that the IT security professionals and the lobby groups are demanding for fresh laws that would give weightage and room for the private entities to fight against the hackers. They are basically wanting to hack back at the states and corporates rather than depending upon the government to react to such attacks. It has been argued by many that the corporates should now undertake an active defence attitude which would help them fight the online security hacks. Although in the legal parlance, the same is yet to be dealt with the law part of it, yet it is construed that the same would not be considered as unethical if these private entities made efforts to halt the various hacks on their IP. It is very crucial to understand the phenomena cyber crime before heading towards safeguarding mechanisms that should be adopted by the private compan ies and the governments. A cyber crime is defined as a heinous crime wherein the information and communication technologies may be the main victim or the target of the crime and it may comprise of a single event or a number of events (Geers, 2011). Those who conduct such crimes are basically swayed by negative motivations such as thrill, profit making or vengeance. The said paper discusses about the fact whether the private companies and the government are able to fight a cyber attack by destructively counter striking against those who attack the cyber space. Unfortunately the cyber crimes are not only being conducted by the hackers but also by employees of a company past or present, as they enter the structures of the organization which otherwise they are suppose to protect (Melancon 2015). The said essay is in support of the tactics undertaken by these private entities of counter attacking the hackers instead of depending upon the law making authorities wherein they can at least use the said method as a stop gap if not an ultimate solution to the problem. How Private Companies And Governments Be Able To Mitigate Cyber Attacks By Counter Striking The past four years has witnessed high profile cyber attacks in companies like JP Morgan Chase, Sony Pictures and Fiat Chrysler, which has toppled down the trust of the consumers as well as the staff members of the corporates so much that these companies are now drooling over spending huge amount so as to be able to improvise upon their presently active defence mechanisms against these attacks (Lohrmann, 2016). However, the series of such attacks has been beneficial for the businesses, since they have allowed the companies to adopt a new procedure of protection against the attackers commonly known as active defence. As the name suggests it is a more aggressive methodology of fighting the crime rather than simply depending upon the age old methodology of applying pass-codes and firewalls (Sexton 2016). The owner of Black Hills Information Security, John Strand, uses such ways and means which would attract the attackers in a manner so that they would also fall into his trap or to be able to outline the steps taken by the attackers so as to be able to find out the origin of their attack. Unfortunately some of the victims use such methods which are illegitimate such as hack back against such a crime of the cyber world. As per the notion of many, even though hacking back may not be within the legal boundary, yet it becomes necessary at times to counter attack the criminals in their pattern only (Kutler, 2016). After a flurry of destructive hacks, the private companies and the governments are trying to voice it back by strengthening their counter attacks thus looking more active methods so as to mitigate the threats from such cyber hacks. But ultimately, the first movers advantage with regards technological advancement rests with the attackers, wherein the lawful and political deliberat ions restrict the area of counter attacks by victims (Messmer, 2011). The increase in the number of cyber attacks has proved how weak the various sectors are such as the banking, retail, healthcare givers etc. Thus such attacks, eventually forced the companies to cater to such active defence methodologies. One such took place in the year 2013, wherein the demonstrator has entre the cloud services which was being used by the hackers, got hold of their contact details and also was able to locate their office building with the help of GPS . However locating these criminals was easier but in spite of them stealing away millions of data and money, they have not been taken into custody and will never be. Simple reason for the same is that most law are national despite cyber crime conventions, while the internet is borderless and international by definition. (Kuchler, 2015) The fact is still debatable that whether counter-attacking the cyber criminals is acceptable and legal or not. However, the US alone, the Department of Justice names hacking back as likely illegitimate. However the same has not been defined as unlawful. It is the ethics which is guiding the hacking back. The issue here is that even if the law authorities are taking steps to punish the attackers, but the same is not deterring them from attacking further. If the judicial system is punctured due to the system in vogue, then it may not be considered vigilantism to take action against the attackers (Lin, 2016). Part of our public bond to produce and abide by government is to surrender our ordinary powers to take integrity into our control, in exchange of a more dependable and acceptable legal system. A person or entity is always entitled to defend oneself ad it does not wade off even if there is law to help him (Iasiello, 2016). Risk Involved In Hacking Back However, the biggest risk in the hack back policy is that it may at times lead to hacking back the offender who actually was innocent simply because it is very difficult to identify the actual attacker at times. Thus even if the private companies and governments may be able to mitigate a cyber attack by counter attacking at the hackers, there still lies a possibility of counter attacking the innocent which is very devastating in nature. For instance in a DDoS attack, if one thuds out all the systems that were unsuspectingly attacked and were used to throng against ones system, the question being asked here is whether the innocent are being attacked due to the same and is it acceptable ethically (Centre for Cyber and Homeland Security 2016). The owners of the systems may not be harmful and had no intention to act maliciously although they may be inattentive in updating their system against malicious attack. However the said type of attack against the attackers connotes that it is not important to prove a person or a group of persons guilty before one can act against a possible threat. If not done then most of the time the results and the outcomes may be devastating. Therefore keeping the guilt aside, one should ensure that if a person poses to be a threat then the same should be counter attackers in defence (Paganini, 2013). The critics about hack back system have questioned the mitigation policies of cyber attacks by counter attacks. As per them, the hacking back may lead to destruction of proofs which would else be available and required at the time of prosecution of the earlier stages of the attack. However the same criticism is counter attacked by the fact that it is acceptable to destroy the evidences, if that would ensure the prevention of the cyber attacks causing losses (Goodman, 2017). The fact that if the private companies and government are able to mitigate the cyber risks via counter attacks, then the same if made lawful and legitimate would ensure deep rooted loss of those hackers who are involved in the IP theft. The counter attacks would lead to an increase in their cost in terms of the IP thieves thus ultimately deterring them from such a conduct. It is said by all that the government has not been able to implement laws which would help private companies safeguard themselves from such cyber attacks (Glosson, 2015). However, the then US president, Barack Obama, noticed those calls in the month of March 2013, by entering into an agreement on signing the executive order that would ensure that the various government agencies would share data on the various cyber security related matters to those private entities. This order will help the entities become aware of the expected terrorization to their existing systems with the help of national intelligence. But unfo rtunately, the said arrangement will not help to vaccinate the companies who share data with the government agencies (Smith, 2013). There still lies a apprehension with regards the expected implications of allowing the private entities to counter attack. It is quite commonly used phrase the best defence is a strong offence also fits to some extent to the attacks caused by these cyber hackers. In cyber space the most apt defence is a strong defence, i.e the best solution is to defend oneself since the idea of retaliating someone else is senseless. If the hacker is being attacked back that will cause them damage too, then they would end up finding recourse into something else via the existing law prevailing and the channels of government. Hence applying a hack-back solution shows that the retaliators have not been able to understand the situation (Hutchinson, 2013). Hence it can be rightly construed that counter attack is a mere hack-back vigilantism and not any proactive policy which would help the problem to be insulated. Aggressiveness In Defence Is Better Than Offence How? Although hacking back is nowadays construed as one of the most prominent ways of safeguarding the system from cyber attacks by the private companies, yet it is very important to understand that showing aggressiveness in the various defence strategies being formulated is better than being unpleasant and offensive by nature. The inclination is still towards hacking back strategy, but it should be understood that via a combination of strategies, policies and such defensive ways and means, the achievement graph of the hackers will significantly diminish and the capability of the defenders to improvise upon the resiliency will augment, thus in turn diminishing upon the cost of dealing with the loss caused by the cyber threats (Harrington, 2014). The companies should develop a strategy wherein they would lure the attackers to attack their system and those defending will check out on their methodologies thereby applying defensive strategies. Denial and deception may also come out to be one of the most successful techniques of defending such hacks. This would enable to deceive the attackers via various technical solutions (Iasiello, 2014). It is a very smart technique which would ensure hacking back the attackers by first and foremost inviting them to attack and then catching hold of them (Leyden, 2016). Another common way would be creation of a website that would consist of files and attachments fulfilled as unsystematic from the actual files simply to perplex the hackers into viewing nonexistent connections. Lastly, the active defence tools comprise of such trigger posts on hosts which would enable automatic identification of the hackers thus leading to they being blacklisted. These are also ways of hacking back but a subtle way which cannot be considered as illegitimate by the law and the regulatory authorities and officials (Myers, 2013). Cyber Deterrence Theory Incidentally there lies three fold stage of defence- prevention, management of the occurrence of the attack and management of the situation. First, it states that the system should be designed in such a manner that it is safe from all ends from being attacked by any hacker. If the same is possible or done successfully, then all such attacks would be futile a preventive measures are already in place (Watkins et.al. 2016). Unfortunately, till date applications are designed but without considering security issues as a main issue to cater to. Mainly the active defence is expected to be conducted by governments. The intergovernmental co-operation will most probably act as a momentum for future developments of such active defence strategies in fields such as the exchange of intelligence. But unfortunately, in such a situation, many private entities are mistakenly construed as cyber criminals (Waxman, 2011). Second, is the management of such attacks occurrence i.e. to make the staff and the others aware of the happening of such an attack which seems to be a better option than ultimate prevention. For ensuring that the attack is managed at the occurrence stage itself, various hurdles are installed. This management helps to protect the important data while such an attack is occurring. Further, it is more easy to handle the attack at this stage since prevention also may have various unmanageable loopholes unlike this stage (Rid, Buchanan, 2015). The last stage comprises of the management of the situation and the ultimate consequence of the attack. It has further two stages i.e. recovery and response. The recovery stage is an age old one wherein the organization which has been attacked tries to reinstate the entire operation to such an extent so as to construe as earlier situation. However, the second stage is a relatively newer one which calls for a more active defence strategy (Tsagourias, 2013). If the attack is planned vigilantly with a lot of thought behind the same, then recovering from the same may become difficult. Thus the various tasks which can be categorised under the second category of response comprises of, getting hold of the correct attacker, measured counter attacks, asymmetries which discusses about what to do about the attackers which comprises of lesser number of IT assets and weaknesses and escalation which enables rating of the attack so as to decide whether the victim wishes to send a strong message o t he attacker so that they are made aware for any such attacks again in future (Romanosky Goldman, 2016). Conclusion Thus on a concluding note it can be said that the cyber space is diseased by a number of attacks by these hackers. It is the fasting growing area of nuisance and the number of hackers have also been multiplying which each passing phase. It is true that the said issue is a diplomatic one which cannot be resolved until the intervention of the government. It cannot be denied that practicality and the effectiveness are lawful alarms about hacking back. However, if the same is legalised then the opportunities are huge. The fact that there still lies some intuitions against the hack-back method such as the risk of misidentifying the actual attacker and by mistake get hold of an innocent person. Therefore it can be rightly said counter attacking can be used as a stop gap approach until and unless the cyber security and the law enforcement agencies are being able to find out better means to identify and punish these attackers. The said method of hack back is swinging like a pendulum between proactive policy and vigilantism References: Centre for Cyber and Homeland Security., (2016), Into the Gray Zone: The Private sector and Active Defense Against Cyber Threats, Available at https://cchs.gwu.edu/sites/cchs.gwu.edu/files/downloads/CCHS-ActiveDefenseReportFINAL.pdf (Accessed 18th May 2017) Geers,K., (2011), Strategic Cyber Security, CCD COE Publication : Estonia, Available at https://www.law.upenn.edu/institutes/cerl/conferences/cyberwar/papers/reading/Geers.pdf (Accessed 09th May 2017) Goodman,S.E., (2017), Cyberterrorism and Security Measures, Available at https://www.nap.edu/read/11848/chapter/6 (Accessed 09th May 2017) Glosson, A.D., (2015), Active Defence : An Overview of the Debate and a Way Forward, Mercatus Working Paper, Mercatus Center at George Mason University: Arlington, Available at https://www.mercatus.org/system/files/Glosson-Active-Defense.pdf (Accessed 09th May 2017) Harrington,S.L., (2014), Cyber Security Active Defense: Playing with Fire or Sound Risk Management, Richmond Journal of Law and Technology, vol. XX, no.4, pp. 1-41 Hutchinson, J., (2013), Companies should hack back at cyber attacks : security experts, Available at https://www.afr.com/technology/enterprise-it/companies-should-hack-back-at-cyber-attackers-security-experts-20130527-j0rqm (Accessed 08th May 2017) Iasiello,E., (2016), Is the Best defence a strong defence in cybersecurity? Available at https://fabiusmaximus.com/2016/03/13/is-offense-best-defense-in-cybersecurity-94550/ (Accessed 09th May 2017) Iasiello,E., (2014), Hacking Back : Not the Right Solution, Parameters, Vol. 44, no. 3, pp. 105-113 Available at file:///C:/Users/E-ZONE/Downloads/1434062_1772786097_14289211698173281Hackingbackno.PDF (Accessed 18th May 2017) Kuchler,H., (2015), Cyber Insecurity : Hacking Back, Available at https://www.ft.com/content/c75a0196-2ed6-11e5-8873-775ba7c2ea3d (Accessed 08th May 2017) Kutler,J., (2016), Cybersecurity has started fighting back against hackers, Available at https://www.businessinsider.com/cyber-security-has-started-fighting-back-against-hackers-2016-6?IR=T (Accessed 18th May 2017) Lin,P., (2016), Forget About Law and Ethics Is Hacking Back Even Effective? Available at https://www.forbes.com/sites/patricklin/2016/09/26/forget-about-law-and-ethics-is-hacking-back-even-effective/#32ed84ac47d8 (Accessed 09th May 2017) Lohrmann,D., (2016), Can Hacking Back Be An Effective Cyber Answer? Available at https://www.govtech.com/blogs/lohrmann-on-cybersecurity/can-hacking-back-be-an-effective-cyber-answer.html (Accessed 18th May 2017) Leyden,J., (2016), National cyber Security Centre to Shift UK to Active defence, Available at https://www.theregister.co.uk/2016/09/16/uk_gov_active_cyber_defence/ (Accessed 18th May 2017) Melancon,D., (2015), Should Companies Strike Back at Hackers? Available at https://www.tripwire.com/state-of-security/security-data-protection/should-companies-strike-back-at-hackers/ (Accessed 09th May 2017) Messmer,E., (2011), Is retaliation the answer to cyber attacks? Available at https://www.networkworld.com/article/2199010/malware-cybercrime/is-retaliation-the-answer-to-cyber-attacks-.html (Accessed 09th May 2017) Myers,L., (2013), Active Defense: Good Protection doesnt need to be offensive, Available at https://www.welivesecurity.com/2013/11/19/active-defense-good-protection-doesnt-need-to-be-offensive/ (Accessed 18th May 2017) Paganini,P., (2013), The Offensive Approach to Cyber Security in Government and Private Industry, Available at https://resources.infosecinstitute.com/the-offensive-approach-to-cyber-security-in-government-and-private-industry/#gref (Accessed 09th May 2017) Rid,T., Buchanan,B., (2015), Attributing Cyber Attacks, Journal of Strategic Studies, 38(1) and (2), pp. 4-37, Available at https://sipa.columbia.edu/system/files/Cyber_Workshop_Attributing%20cyber%20attacks.pdf (Accessed 09th May 2017) Romanosky,S., Goldman, Z., (2016), Cyber Collateral Damage, Procedia Computer Science, vol.95, pp. 10-17, Available at https://ac.els-cdn.com/S1877050916324590/1-s2.0-S1877050916324590-main.pdf?_tid=b09abc7c-3544-11e7-83f5-00000aacb35eacdnat=1494395659_f0cb6430e118607b25d1dca5d65428f2 (Accessed 09th May 2017) Smith,G., (2013), Hacking back Could Deter Chinese Cyberattacks, Available at https://www.huffingtonpost.in/entry/hacking-back-chinese-cyberattacks_n_3322247 (Accessed 09th May 2017) Sexton,M., (2016), U.K. cybersecurity strategy and active cyber defence Issues and risks, Journal of Cyber Policy, vol.1, no.2. Tsagourias,N., (2013), Cyber Attacks, Self Defence and the Problem of Attribution, Journal of Conflict and Security Law, vol.17, no.2, pp. 229-244 Waxman,M.C., (2011), Cyber Attacks and the Use of Force, The Yale Journal of International Law, vol.36, pp. 421-459. Available at https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1403context=yjil (Accessed 09th May 2017) Watkins,LA., Hurley, J.S., Xie, S., Yang, T., (2016), Enhancing Cybersecurity by Defeating the Attack Lifecycle: Using Mobile Device Resource Usage Patterns to Detect Unauthentic Mobile Applications, Journal of Informati
Friday, April 17, 2020
Brexiting Trump USA - Brexit Trump USA
Brexiting Trump USA - Brexit Trump USAOn September 15th, we published a Brexit Trump USA sample essay that stated in part, 'We live in a global village, and the growing connectivity that accompanies it is a good thing. We want to improve trade relations between the nations of the world and keep out the internationalists who wish to squelch the development of interconnectivity.But when the sciences and other branches of humanities get involved with matters of ideology, it is known as scientific or even utopianism and may become a case of literary sci-fi.'In contrast, on October 3rd, The Wall Street Journal published an editorial titled, 'The Unthinkable - A Brexit Policy in 2020?' It stated in part, 'Should Mr. Trump choose to undo the mandate he enjoys by remaining in the European Union and make another run for the White House in 2020, should the economy be the primary issue?' 'Should the US return to protectionism?' 'Should Washington be run like a state?''Stuart Greene and Alan Kre uger have put together an amazing work of analytic journalism, or perhaps political novel, or perhaps a memoir,' said Bernard Harcourt, a professor of public policy at the John F. Kennedy School of Government at Harvard University. 'The headline of the story is 'Trump's Legal Advisor Focuses on an Undisclosed European Migration Goal.' What they reveal is that Mr. Mueller's legal questions about the president's intentions in pursuing his Russia investigation will continue to dog him for a long time.They also report, 'While Mr. Trump's anger is not uncommon among Americans who are losing their jobs, his anger is exceptional, according to people who have discussed the issue with him.' 'There is a huge difference between having legitimate concerns and using them as a way to try to gain power,' says Joshua Green, author of the new book, 'Devil'sBargain.' He tells the Journal, 'People who do this and build these sorts of systems can destroy themselves and they will be doing damage that is irreparable.'This really would be a nightmare scenario,' says Green. 'The only people who could survive it are the people who know enough not to follow through on what they say they're going to do. That's a horrible thing to say, but in this case it's pretty accurate.'That's one of the reasons we did the Brexit Trump USA sample essay and that's one of the reasons we do our Brexit Presidential Election analysis. Remember, though, when politicians and pundits say the Democrats are weak on trade, or the Republicans are weak on immigration, remember that is just a political talking point and they really don't mean it and are merely trying to use rhetoric to gain votes from their political base, not to protect American workers or the nation's economic welfare.Our Brexit Presidential Election analysis recently featured one of the most influential men in the Republican Party, former Texas Governor and Republican presidential candidate, Rick Perry, who stated 'You've got to have folks that are prepared to live right here in America. That's what the people of America want and the more I'm exposed to it, the more I find it's exactly what the people of America want.' And just last week, we featured Speaker of the House of Representatives, Newt Gingrich, who said 'I'm not an isolationist. But I do believe that it is good to have some victories, to win some battles, to get better results.'
Sunday, April 12, 2020
Task 1 free essay sample
Second it will discuss the definition of Constructive Discharge and its relevance to this claim. Third it will provide the specific areas under the Title VII of the Civil Rights Act of 1964. Fourth it will offer recommendations and supporting legal references. Fifth it will recommend proactive steps to avoid future legal issues in relationship to the Title VII of the Civil Rights Act of 1964. And finally any references used in this research will be provided. A. Definition of Constructive DischargeSummary of Claim and history:In January 1, 2013 a new policy was implemented to support exponential company growth. This policy impacted all production employees. The impacted employees were notified of the changes two months in advance of the January 2013 implementation to allow for assimilation and training on the new shifts schedules and there impacts. Production employee schedules were shifted from a Monday through Friday schedule, 8 hour shift to a Monday through Sunday schedule, 12 hour shift, four working days can occur any day of the week. We will write a custom essay sample on Task 1 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This schedule requires all production employees to work on holy days regardless of religious affiliation as the production now runs seven days a week. Office staff members were not impacted by this policy change. AA23 quit on January 2, 2013 after new policy was in effect. There was no reason given in the resignation as to why AA23 was resigning or that it was related to having to work on holy days. AA23 filed a Claim #1-2013 with the Equal Employment Opportunity Commission (EEOC) on February 3, 2013. Toy Company was notified via our legal department on March 10, 2013. Constructive discharge is when an employee resigns from their job because the employer makes conditions so bad or lets bad conditions continue; that a reasonable employee would also have resigned in the same conditions. If proven it is treated as an unlawful firing. There are rules that an employee must follow in order to make a claim of constrictive discharge. First they must provide written notification of the cause of their resignation. The employer than has 15 days to provide a written response to the allegations. This type of claim is very difficult to prove; especially in Washington state which is an ââ¬Å"At Willâ⬠state. ââ¬Å"At Willâ⬠means that the either the employee or the employer is free to sever a working relationship for any reason; as long as the separation was not due to discrimination. Or there was a contract in place that overrides the ââ¬Å"At Willâ⬠mandate. There are two main considerations when working with a constructive discharge claim. The first is regarding whether other production employees felt compelled to resign. The second is whether Toy Companyââ¬â¢s intent was to force AA23ââ¬â¢s resignation with the new production work schedule (Finnegan, 2013). The following assumptions are being made at this time: 1) there havenââ¬â¢t been any other resignations reported that are related to this issue. 2) The documented intent of the schedule change was created to address increased demand not to create religious discrimination. ) The claimant filed the claim with EEOC. 4) The claimant didnââ¬â¢t follow the company procedures to report and resolve issues. B. Title VII of the Civil Rights Act of 1964 (relevant areas)Title VII of the Civil Rights Act of 1964 was created to address the civil rights conflicts that were occurring during this 1960â⬠â¢s. It is considered one of the most important pieces of legislation related to Civil Rights. This act was setup to address discrimination of protected classes (e. g. African Americans, Asian, Americans, Latinos, Native Americans, and women). The part of Title VII of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gmoez-Mejia amp; Cardy, 2013). â⬠Discrimination is about the making of distinctions; in the context of human resources, it is about the making of distinctions among people. There are two type of discrimination. Disparate treatment is when an employee is treated differently because of his protected status. Adverse impact is when the same standard is applied across the board; however it impacts a protected class more (Gmoez-Mejia amp; Cardy, 2013). In the case of #1-2013 adverse impact could apply to the shift changes that were implemented in January 2013. As the shift changes applied to all production employees. This could be construed as unintentional discrimination. However we havenââ¬â¢t had any other complaints to date. The company must reasonably accommodate religious beliefs or practices; unless it creates undue hardship (e. g. costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work). There are several ways to make accommodations (e. g. flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices) (Religious Discrimination, 2013). C. Recommendations for Toy Company response. The facts before us are that Toy Company provided information on the new schedule several months before it was implemented. AA23 or any other employee didnââ¬â¢t inform Toy Company of any issues with the new schedule before the implementation at the beginning of 2013. When AA23 resigned AA23 did not document the reason for the resignation as due to scheduling impacts impacting religious beliefs either in writing or in person to the appropriate Human Resources personnel. Since this schedule change impacted all production employees it clearly was not created to personally force AA23 to resign. The EEOC will likely find in favor of the company and not send the case to trial. However it is in our best interest to work with AA23 and try to resolve this case through conciliation. This will require us to enter mediation with the EEOC, AA23, and company representatives. C1. Three legal references that support recommendations 1. In Liebermann V. Genesis Health Care ââ¬â Franklin Woods Center (2012), Grace Liebermann worked at Genesis Health Care. Ms. Liebermann started working there in August of 2010. Ms. Liebermann constantly stated that she Jewish and needed to leave early on Fridays. Genesis agreed with the understanding that she would work a full 40 hours a week. Almost immediately her schedule became an issue. She repeatedly emailed her supervisor to leave earlier and earlier on each Friday. Each time attributing to her daycareââ¬â¢s adherence to the Sabbath. The court ruled in favor of the defendant; due to the fact that her issue was due to daycare requirements not religious requirements. This supports our claim because AA23 has not previously stated any issues due to religious observances. 2. In Pennsylvania State Police V. Suders (2004), a formal complaint was filed by Suders citing that she was subjective to sexual harassment by her supervisors. Sudersââ¬â¢ hostile work environment claim was untenableas a matter of law, the District Court stated, because she ââ¬Å"unreasonably failed to avail herself of the PSPââ¬â¢s internal procedures for reporting any harassment. â⬠¦Resigning just two days after she first mentioned anything about harassment to Equal Employment Opportunity Officer Smith-Elliott, the court noted, Suders had ââ¬Å"never given [the PSP] the opportunity to respond to [her] complaints. â⬠Ibid (Pennsylvania State Police V. Suders, 2004). As with our claim Suders never notified the State Police of the se xual harassment issues by utilizing the available internal grievance procedure provided by her employer. This supports our claim because AA23 has not previously stated any issues due to religious observances. It also supports our position that this is not a constructive discharge case because As with Suder and the PSP, Toy story didnââ¬â¢t specifically single out AA23 with the new schedule policy to force her to quit and no other employees have complained let alone quit. 1. In Johnson V. Lancaster-Lebanon Intermediate Unit 13 (2012), Barbara Johnson brought charges of disability discrimination and hostile work environment. Johnson had epilepsy and was asked to provide additional information from her neurologist to ensure that she would be able to manage volatile situations in here classroom. After she was not able to provide that information an additional meeting was setup to discuss the schools concerns over this issue. The plaintiff choose to resign and treat it as a constructive discharge. The defendant requested a summary judgment which was granted due to insufficient support for her claims with the court determining that just because she was uncomfortable and was being asked to provide more information than other employees it did not mean she was constructively discharged. AA23 may have felt uncomfortable with the new schedule and may have even felt harassed; but AA23 didnââ¬â¢t follow internal procedures to report her concerns. A reasonable person would not have expected that a change in the work schedule for the whole production area was created to force AA23ââ¬â¢s or anyoneââ¬â¢s resignation. C2. Recommend steps to avoid future legal issues around Title VII of the Civil Rights Act of 1964 1. Review internal grievance policies and procedures. i. Ensure that all complaints are put into writing ii. Ensure that all complaints are responded to with 48 hours. Either to start an investigation or to provide a response. iii. Provide anonymous reporting phone number 2. Train all managers and supervisors on internal grievance polies and procedures. 3. Post grievance polies and procedures all general work areas and online on Toy Company internal employee site. 4. When considering schedule or other changes include make sure decisions are informed through the lens of the Title VII of the Civil Rights Act and other appropriate acts. Include HR personal in these discussions to ensure compliance with laws. D. ReferencesFinnegan, S. 2013). Constructive Dishcarge Under Tittl VII and the ADEA. The University of Chicago Law Review, 561-562. Grace Liebermann V. Genesis Health Care Franklin Woods Center, CCB-11-2770 (District Court of Maryland 2013). Johnson V. Lacaster-Lebabib Intermediate Unit 13, 11-cv-01598 (District Court for the Eastren District of Pennsyvania 2012). Pennsylvania State Police V. Suders, 542 US 129 (Supreme Court 2004). Religious Di scrimination. (2013, 03 24). Retrieved from U. S. Equal EMployment Opportunity Commision: http://www. eeoc. gov/laws/types/religion. cfm | | |
Wednesday, March 11, 2020
I Write to Discover What I Know
I Write to Discover What I Know As a blogger, I see everything that happens in my life as a possible jumping off point for an article. There are writing topics surrounding me at every moment. And yet, I sit down most weeks not knowing what Iââ¬â¢m going to write about. I face ââ¬Å"writerââ¬â¢s blockâ⬠on a regular basis. How do I manage to think of something to say every week? I scroll through various topic sources such as: articles Iââ¬â¢ve read or that someone has sent to me over the past week things Iââ¬â¢ve learned at a conference or workshop articles someone else has written that I might want to post as a guest post client success stories and challenges, as well as business lessons from the past week Topic ideas are a dime a dozen. But how do I land upon one that strikes a chord with my audience? Sometimes I start writing only to discover that itââ¬â¢s a dud; and so I start over. Todayââ¬â¢s article began when a friend sent me a link to a page of chalkboard art. I looked through the images through my default filter of ââ¬Å"Is there a blog article in this?â⬠When I saw a beautiful rendition of a quote by Flannery Oââ¬â¢Connor, ââ¬Å"I write to discover what I know,â⬠I knew I had found a rich topic. I started thinking about a class in law school, Alternative Dispute Resolution, where I first discovered the phenomenon of ââ¬Å"discovering what I knowâ⬠by putting pen to paper. Each week we were given a choice of 3 topics and had to write a page or two about one of them. Each week, I was sure I would have nothing to write about. But write I did. I got an A. Writing doesnââ¬â¢t have to be academic to be a discovery process. Even writing a shopping list can help you uncover previously hidden information. So can writing a heartfelt letter to a friend. If you are someone who writes a journal, you understand that you discover surprises about yourself as you let your thoughts flow onto the page. Often all it takes to ââ¬Å"unblockâ⬠a writer is the spark of an idea; sometimes that idea must be accompanied by a detailed framework or outline of a full essay. If someone is having a hard time writingà a resume, going through How to Write a WINNING Resumeà along with one of my resume questionnairesà can do the trick. Clients often tell me that completing that questionnaire is one of the most valuable parts of working with me; they identify what they know about themselves as they start putting it into words. I would like every person faced with a writing project to know that itââ¬â¢s okay to start out not knowing what youââ¬â¢re going to write. Even if you have no clue, try sitting down and writing, even if it doesnt make sense or isnââ¬â¢t related to the topic. Stream of consciousness is just fine and is a great way to discover your own thoughts. You might be someone who needs to talk through ideas with another human being and nail down an outline before writing. If so, call someone (perhaps The Essay Expert) to work with you. If, on the other hand, all you need is structure, I recommend reading ââ¬Å"how toâ⬠books such as How to Write a WINNING Resume or How to Write a KILLER LinkedIn Profile. If you are stuck on your resume, try answering the questions in my resume questionnaires so that you have guidance as you start to put your ideas to paper (or to computer). I am a frequent writer, and thus an evolving discoverer. I explore how seemingly unrelated topics connect with each other. I dive into my opinions, likes and dislikes. I find out more and more about who I am and who I am not. Flannery Oââ¬â¢Connor was right on target, asà I hope you too will learn as you embark on this path of discovery.
Sunday, February 23, 2020
Final Term Paper Example | Topics and Well Written Essays - 1000 words
Final - Term Paper Example A company selling a hundred per cent polyester sweaters is not allowed by law to advertise their product under the phrase ââ¬Å"That Wool Feel.â⬠This is so because the phrase would be found misleading to the potential consumers and would count as a misrepresentation since the makers of the sweaters know that using the term ââ¬Å"that wool feelâ⬠is false representation and that it is intended to induce justifiable reliance to the consumers. Also the issue of monetary loss arises in the fact that it is relatively cheaper to use polyester as a cloth making material as opposed to wool. The act also results in to a fraud since reliance is also established by the fact that a statement of the sweater makerââ¬â¢s opinion will be held as true hence relied upon by the consumer since the manufacturer has, by general assumption, more superior skill and knowledge about sweaters. In this case, the five elements of fraud apply. Case 2 In a case where a person or an organisation dec ides to use other personsââ¬â¢ material and the material happens to be copyrighted or patented, then the person should be held liable for one or more of the intellectual property torts. In the case sample given, College Copy Shop gained money from publishing whose owners reserved the sole right of republishing, duplicating or copying as is the case with any original publisher. The law of intellectual property tort states that once there is a patent or a copyright, as is in this case, using it for any other reason other than the ones expressly allowed by the publisher would be an infringement to the patent rights; hence patent law would be applied in deciding the case should a legal suit emerge. Case 3 Ace Corp. sent an invitation to J. Brown to work for them; an act that is legally considered as advertisement rather than an offer. J. Brown replied with details that he would like the job for a certain pay coupled with other demands and technically that was the offer. Afterwards Ac e Corp. replied to J. Browns offer and said that his offer was something they could work with and asked if J. Brown could report, something that he assented to. After the third month, he found that Ace Corp. was not honouring their initial agreement to the letter and decided to quit the job, where he moved back to the company he previously worked for before going to Ace Corp. During J. Brownââ¬â¢s exit from his employer Ace Corp., he took with him confidential information belonging to Ace Corp. and when he re-joined Crown, his employer before Ace Corp., he shared the stolen information with Crown. The issues in this case are if there was a contract between Ace Corp. and J. Brown, whether Ace Corp. breached it after denying J. Brown the bonus he had requested on the offer he made and if J. Brown can recover damages therein. Here is a detailed analysis on the above issues. Brown had a contract with Ace Corp. even though his offer was not out rightly accepted by letter or word of mo uth. In the laws of contract, performance is considered as adequate and sufficient acceptance if it is done in response to an offer or a counter offer. I this case, Ace Corp. accepted J. Brownââ¬â¢
Friday, February 7, 2020
Mislabeled Childe Essay Example | Topics and Well Written Essays - 250 words
Mislabeled Childe - Essay Example The special education placement approach was an effective learning approach for Serge. This is because special education has the ability of improving understanding of the English language. Serge has challenges understanding concepts in the English language. Special education will enhance concentration towards improving English language proficiency. The general education learning environment is effective in enhancing the social communication abilities of learners. The social communication skills of Serge will improve if he engages in more team and social discussion. Areas of improvement entail fluency in spoken English, and also improved listening abilities. The teachers should adequately understand the cultural backgrounds of students. The cultural knowledge is very effective in providing superior teaching services. The cultural knowledge enables teachers to provide individualized concentration to the students in the learning process. Students from non-native English speaking societies, require relatively higher levels of concentration in the English language learning. Also, students from humble households require more attention from the teachers. This is through providing additional and specialized lessons in English language, mathematics and
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