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 â€Å"At Will† state. â€Å"At Will† 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 â€Å"At Will† 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 Company’s intent was to force AA23’s resignation with the new production work schedule (Finnegan, 2013). The following assumptions are being made at this time: 1) there haven’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 didn’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 1960†™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). † 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 haven’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 didn’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 – 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 daycare’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. Suders’ hostile work environment claim was untenableas a matter of law, the District Court stated, because she â€Å"unreasonably failed to avail herself of the PSP’s internal procedures for reporting any harassment. †¦Resigning just two days after she first mentioned anything about harassment to Equal Employment Opportunity Officer Smith-Elliott, the court noted, Suders had â€Å"never given [the PSP] the opportunity to respond to [her] complaints. † 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 didn’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 didn’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 AA23’s or anyone’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 | | |

Things a Successful School Principal Does Differently

Things a Successful School Principal Does Differently Being a principal has its challenges. It is not an easy profession. It is a high-stress job that most people are not equipped to handle. A principal’s job description is broad. They have their hands in virtually everything related to students, teachers, and parents. They are the chief decision-maker in the building. A successful school principal does things differently. As with any other profession, there are those principals who excel at what they do and those who lack the skills necessary to be successful. Most principals are in the middle of that range. The best principals have a particular mindset and a leadership philosophy that allows them to be successful. They utilize a combination of strategies that make themselves and others around them better thus allowing them to be successful. Surround Themselves with Good Teachers Hiring good teachers makes a principal’s job easier in virtually every aspect. Good teachers are solid disciplinarians, they communicate well with parents, and they provide their students with a quality education. Each of these things makes a principal’s job easier. As a principal, you want a building full of teachers that you know are doing their job. You want teachers that are 100% committed to being effective teachers in every aspect. You want teachers who not only do their job well but are willing to go above and beyond the core requirements to ensure that every student is successful. Simply put, surrounding yourself with good teachers makes you look better, makes your job easier, and allows you to manage other aspects of your job. Lead by Example As a principal, you are the leader of the building. Every person in the building is watching how you go about your daily business. Build a reputation for being the hardest worker in your building. You should almost always be the first one to arrive and the last one to leave. It is essential that others know how much you love your job. Keep a smile on your face, maintain a positive attitude, and handle adversity with grit and perseverance. Always maintain professionalism. Be respectful to everyone and embrace differences. Be the model for fundamental qualities such as organization, efficiency, and communication. Think Outside the Box Never put limitations on yourself and your teachers. Be resourceful and find creative ways to meet needs when issues arise. Do not be afraid to think outside the box. Encourage your teachers to do the same. Successful school principals are elite problem solvers. Answers do not always come easy.  You have to utilize the resources creatively you have or figure out ways to get new resources to meet your needs. A terrific problem solver never dismisses another person’s idea or suggestion. Instead, they seek out and value input from others cooperatively creating solutions to problems. Work With People As a principal, you have to learn to work with all different types of people. Each person has their own personality, and you must learn to work effectively with each type. The best principals are able to read people well, figure out what motivates them, and strategically plant seeds that will eventually blossom into success. Principals must work with every stakeholder in the community. They should be skilled listeners who value feedback and use it to make recognizable changes. Principals should be on the front lines, working with the stakeholders to improve both their community and school. Delegate Appropriately Being a principal can be overwhelming. This is often amplified as principals by nature are typically control freaks. They have high expectations on how things should be done making it difficult to let others take the lead role. Successful principals are able to get past this because they realize there is value in delegating. First of all, it shifts the burden of responsibility from you, freeing you up to work on other projects. Next, you can strategically make individuals responsible for projects that you know fit their strengths and will help build their confidence. Finally, delegating reduces your overall workload, which in turn keeps your stress level at a minimum. Create and Enforce Proactive Policies Every principal should be an adept policy writer. Each school is different and has their own unique needs in terms of policy. Policy works best when it is written and enforced in such a way that very few want to take the chance to receive the attached consequences. Most principals will spend a large part of their day dealing with student discipline. Policy should be seen as a deterrent to distractions that interrupt learning. Successful principals are proactive in their approach to policy writing and student discipline. They recognize potential problems and address them before they become a significant issue. Look for Long-Term Solutions to Problems A quick fix is seldom the right solution. Long-term solutions require more time and effort in the beginning. However, they typically save you time in the long run, because you won’t have to deal with it as much in the future. Successful principals think two to three steps ahead. They address the little picture by fixing the large picture. They look beyond the specific circumstance to get to the cause of the problem.  They understand that taking care of the core problem may head off several smaller issues down the road, potentially saving both time and money. Become an Information Hub Principals have to experts in many different areas including content and policy. Successful principals are a wealth of information. They stay up-to-date on the latest educational research, technology, and trends. Principals should at least have a working knowledge of the content being taught in each grade for which they are responsible. They follow educational policy at both the state and locals areas. They keep their teachers informed and are able to offer tips and strategies concerning best classroom practices. Teachers respect principals who understand the content they are teaching. They appreciate when their principal offers well thought out, applicable solutions to problems they may be having in the classroom. Maintain Accessibility As a principal, it is easy to get so busy that you shut your office door to try and get a few things done. This is perfectly acceptable as long as it isn’t done a regular basis. Principals must be accessible to all stakeholders including teachers, staff members, parents, and especially students. Every principal should have an open door policy. Successful principals understand that building and maintaining healthy relationships with everyone you work with is a key component to having an outstanding school. Being in high demand comes with the job. Everyone will come to you when they need something or when there is a problem. Always make yourself available, be a good listener, and most importantly follow through on a solution. Students are the First Priority Successful principals keep students as their number one priority. They never deviate from that path. All expectations and actions are directed to better students both individually and as a whole. Student safety, health, and academic growth are our most fundamental duties. Every decision that is made has to take the impact it will make on a student or group of students into account. We are there to nurture, counsel, discipline, and educate each and every student. As a principal, you must never lose sight of the fact that students should always be our focal point.

Developmental Essay Example | Topics and Well Written Essays - 750 words

Developmental - Essay Example the answer would always be â€Å"I played with my friends.† My mother says that it was only after a year at preschool that I began to give details of my daily happenings. During this period I experienced a number of firsts. I entered school for the first time. I made friends for the first time and according to my teachers I would organize the games for my friends and me to play. I really do not remember what the names of my teachers were but I do remember they were a friendly, kind and loving bunch. Another significant event in my early childhood was the birth of my baby brother. At first I would not understand why he was there but eventually I began to love him. However, loving him did not imply that every toy he got really belonged to him. Sometimes, I would fight with him for a toy that I had chosen for him. My mother reminds me that I would consider everything in the house as belonging to me. The house was mine. The refrigerator and everything in it was mine and certainly my baby brother was mine. Specifically, I remember that I called the next-door neighbor my sister. My mother would always repeat the story of the day that I told her that she had a â€Å"gina† and my grandmother had a â€Å"gina† but my father, my next door neighbor and I had penises. My next door neighbor is now my girlfriend and I discovered that she never had a penis. At age two when other children would only have about 50 words in their vocabulary, I believe I had about one hundred. I loved to talk and I still do. Also I have always loved music and my father would buy instruments for me which I would destroy before the month was through in order to fix them. I have always been a fun loving person. As a child I would enjoy going to the beach. During my preschool years I learnt to swim, to appreciate music and to use the computer. I was usually a happy child. My parents’ friends would tell me that all they remember of me as a young child is my ready smile. It took me a

Management of leg ulcer infected Essay Example | Topics and Well Written Essays - 2500 words

Management of leg ulcer infected - Essay Example It is necessary to warn that leg ulcer infected by this virus leads also to limited functionality, mobility and constant disturbing pain. It is seen that this diseases is serious and it requires thorough treatment and management in order to cure and to prevent infection's spreading. Doctors advise to eat raw foods and steamed vegetables for several months in order to improve and to speed treatment process. But this diet has to be only additional method of management involving surgical operation or other methods. It was mentioned that people infected should eat also leafy vegetables of dark color to increase intake of vitamin K MRSA (Methicillin-Resistant Staphylococcus Aureus) is known to be a type of bacteria which appears and lives on skin, legs, in mouth or nose of approximately one third of completely healthy people. Commonly it is not harmful, but when it occasionally gets into person's body through wounds and breaks of skin it can cause such infections as ulcer, impetigo, abscesses, warts, etc. but what is more important to know is that MRSA is the cause of more serious diseases involving blood poisoning, heart-valve infection or infection in bones(Phillips 1991). Leg ulcer is a chronic condition caused either by MRSA infection or by incompetent work of venous system in legs or feet. Capillary pressures and permeability is affected in the result. Leg ulcers are open sores which usually develop on infected areas of skin in the lower extremities such as legs and feet (usually above ankle and below the knee area). When the tissues are infected by MRSA bacteria it becomes to erode and as the result the skin develops open sores. If the leg ulcers develop open sores and skin is broken the process of healing is very slow. General treatment includes: wound dressing changes, elevation, patient psychological education and external compression. In hard cases the surgery intervention is needed(Callam 1985). It is also necessary to define the possible reasons of ulcer developing. They are: Vascular diseases Trauma and physical circumstances Metabolic disease Possible symptoms infected by MRSA: leg ulcer as the result of infection develops usually inside the leg and below the ankle. It is known that ulcers are open wounds which can ooze sticky fluid and then wounds crust over. The common signs are pain, skin sensitivity and itching. Symptoms of developing ulcer are: Skin becomes purple on the infected area Skin becomes thick and dry Skin starts itching in infected area(Phillips 1991). But it is necessary to admit that ulcer infected by MRSA is too difficult to cure, because this type of bacteria becomes nowadays resistant to many types of antibiotics, for example to antibiotic methicillin. One possible way treatment is surgical treatment aimed at treating leg ulcer by means of skin grafting. But there are other surgical treatment approaches. For example, in a study (Phillips 1991) surgery intervention includes "superficial stripping and excision of varices, subfascial perforating vein interruption, excision and skin grafting, excision and free flap coverage". It is necessary to identify what the aim of treatment is. Firstly, it is necessary to suppress disease and for this purpose such drugs as

Magic Realism Research Paper Example | Topics and Well Written Essays - 1250 words

Magic Realism - Research Paper Example The House of the Spirits by Isabel Allende is a text peopled by characters with magical capabilities. Characters, such as Clara, are endowed with uncanny, spiritual ability such as clairvoyance, interpretation of dreams, and telekinesis (moving objects with the mind). In the novel, writing is not a mere activity. It becomes a spiritual affair in which the writer undergoes a catharsis or inner purging, wielding the power of the pen. Clara records her dreams and spiritual encounters to be passed down to future generations. In this world, â€Å"conventional resources were not everything† (Conniff 1990). Spirits aid man in a mutually beneficial relationship. She relates well with the good spirits and they abide in her home, giving her a contentment that nothing material could bring. Characters can see the apparition of ghosts and experience comforting spirits participating in daily life so much so that the residents of the home accept them as normal. The paranormal constantly take s place in the novel. For example, Clara miraculously finds the lost head of her mother who accidentally gets decapitated. The spirits reveal to her the head's exact location when no one could retrieve it.  The punctuation of the novel with magic and surreal occurrences impresses on the mind the intersection of the spiritual world (embodied as Clara) and the material (embodied as Esteban).   In Monkey Beach, Lisa, the protagonist equally has phenomenal spiritual ability to foresee events through dreams before they come to pass. In the Haisla culture in Canada, the Native Indians cherish the culture of supernatural consciousness and communication with dead ancestors. Ma-Ma-Oo, Lisa’s grandmother, appreciates Lisa’s unusual gift and teaches her how to sharpen and control it. In magical realism novels, the presence of older generations is indispensable because the work â€Å"is the simultaneous impetus of atavism and modernism† (Gish 1990). Lisa learns about he r sixth sense and later ‘sees’ a vision of her dead brother relaying an urgent message to her. Lisa also receives a vision that her best friend has died. Magical realism is woven into Monkey Beach not only through Lisa, but also through the old witch, Screwy Ruby, Sasquatch (an fabled animal from another world) and a strange little man who appears to Lisa whenever something imminent is about to take place. These personas are gifted with premonitions and foretelling. Some of Lisa’s family members also have strains of her spiritual gift but choose to deny it. Setting is key in structuring a text with magical realism. In One Hundred Years of Solitude, the setting is a fantastic, timeless village called Macondo, whose inhabitants are immortal. Setting not only signifies space, but also time. Time laws in magical realism works operate outside of the normal sphere. â€Å"Time is curved and coincidental in a whole moment that is outside of clock time† (Rabassa 19 73). Marquez’ title emphasizes a timelessness which also points to an otherworldliness. Gabriel Garcia Marquez describes the Macondo village as a place untainted and uncorrupted by

Polaris Human Trafficking Organisation

Polaris Human Trafficking Organisation Polaris is NGO whose soul motto is to stop human trafficking and slavery. The organization helps those who are victims of human trafficking and provide them legal help. Polaris is also one of the anti-trafficking organization in the united states. Headquarters of Polaris is in Washington, DC; and also operates from Newark, New Jersey. They also control the National Human Trafficking Resource Centre (NHTRC) which is the countries hotline for human trafficking. Polaris also allows it data to be used by other NGOs such as International Justice Mission Truckers against Trafficking. Polaris hase taken few steps and has some initiatives to help the victims of Human Sex trafficking: Global Safety Net Polaris collaborates with border forces of countries to prevent illegal and cross border development in human trafficking Temporary Visas Polaris helps the victims of human trafficking attain temporary visa to help them travel to their home country safely. Hotels Polaris engages in the hotel industry and identifies the human trafficking activities in the hotel industries. According to Polaris hotel are most common venues for sex trafficking. Polaris supports almost all the laws that help get justice to the victims of human trafficking. They have a specific set of priorities regarding their policies: Run away and Homeless Youth and Trafficking Prevention Act. This act focusses in prevent the crime before if happens. They make sure that the government take all possible step and provide basic necessities to homeless youth Supply Chain Transparency. The Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226 and S.1968) makes sure that all the business have a transparency in their supply chain and the decisions they make for their labor force in the supply chain. Prioritizing the strategic action plan. Polaris ensure that the victims of human trafficking are given justice on time and also makes sure that all the agencies are working together effectively. Polaris is also partnered with The Alliance to End Slavery and Trafficking (ATEST) which a US based collaboration of 14 NGOs that fights against human trafficking and sex trafficking and provide justice to the victims. Polaris is a NGO who is focused only in aiding and proving justice to the people who are the victim of Human Trafficking, so they take the help of every last law to provide the justice. There is no law they oppose as there is no law that allows or supports crimes like human trafficking, so theres no such law (according to my research) that Polaris should appose. NGOs such as Polaris who fights human trafficking may impact business a lot, businessmen indulge in human trafficking to lower their employee cost and increase their profits. In some case victims of human trafficking are not paid at all. So NGOs like Polaris would not only stop trafficking but also help the victims to get justice and punish the guilty, which inturn would affect the business scenario. Though, the affect would not be good for the business but it would, definitely be good according the Natural Law (humanity). Human trafficking is a very serious topic in today world as it no long legal but is still practiced in some parts of the country. Polaris along with the federal government make sure that all the aspect of human traffic is covered by creating new law without leaving any loop holes. Polaris in its web site mentioned Polaris works to ensure that the U.S. government prioritizes efforts to eradicate all forms of human trafficking and protect victims of this crime at home and abroad. We build government support for promising practices in our field, including anti-trafficking hotlines, the development of data standards and data-sharing, and protection policies for victims and vulnerable populations. to which Polaris is very much dedicated. To do so Polaris has helped create laws relate o trafficking with are very affective in tacking the issue in the United States. Traffic victims protection reauthorization act 2003, 2005, 2008 2013 is a law to which has Polaris contributed. Another legislative law to which Polaris influenced is the safe harbor law, which provides protection to children who area victim of child labor, human trafficking of children and sex trafficking. Polaris does what it takes to influence the legislative process (the reason it is one of the largest human trafficking NGO in U.S.) and help wipe human trafficking and crimes related to it once and for all. Polaris also mentioned on its website that Our public policy focus drives legal and regulatory changes that enable the United States and international governments to better protect victim populations, reduce worker vulnerability, increase support to survivors and increase human trafficking investigations. According to Polaris; South Dakota, North Dakota, Colorado, Utah, Arizona and few states in the east U.S. lack few aspect in fighting human trafficking (2013), either due to high activity in trafficking or laws supporting trafficking. Their aim is to help reduce these statistics in the next 3 year. But Polariss aim is to need complete the task in less than 3 years as they believe that the more time it takes the more people suffer and Polaris will continue support the victims whenever they need them. Mind map: Polaris helps human trafficking victims to travel to their country safely buy helping get temporary visas. To do so, Polaris must become an intermediary between the international laws of the other country and the American federal law. Polaris has to follow certain international laws in order to send the victims to their home country. References Polaris. (2016, March 1). Policy priorities. Retrieved February 21, 2017, from Polaris Project, https://polarisproject.org/policy-priorities Polaris. (2016, February 23). Policy legislation. Retrieved February 21, 2017, from https://polarisproject.org/policy-legislation

music in education and health :: essays research papers

MUSIC AS A TEACHING AND HEALING TOOL Music is a remarkable tool to be used to dramatically increase learning and healing in the classroom. Its successful role has been documented throughout the academic community, yet, its use has not been widely utilized by teachers. Since Aristotle, music has been considered one of the forces used to teach. Moreover, for more than half a century the psychiatric and the educational communities have studied, analyzed and implemented the use of music as a healing tool and as a way to enhance the mental capacities of their respective group of studies. It has been discovered in controlled settings that certain type of classical music would enhance the student’s concentration time. The specific issues addressed by the study and practice of music has been divided into specific areas of the mental process. For example, learning a musical instrument helps the students the skill of repetition as a method to learn and to recollect information. Creativity and imagination also are improved when the student or the patient is taught basic concepts of musical composition. It is believed that music unleashes creative forces within a human being that are only accessed with artistic endeavors. Even abstract traits like sensibility are retrieved with music studies and the practice of a musical instrument. There is a perceptible connection between learning and music that teachers should exploit in the learning environment, regardless of the age of the student. Music could be used effectively from the time the child is in the womb and right through the formative years. While addressing the healing benefits of music it is noted the array of uses for this art. Every body in all aspects of life, to enhance moods, to depress moods, to pacify, or to reminisce, uses music. Clinicians have experimented with this art for various decades. Psychiatric patience are administered a dose of soothing music to lower the anxiety levels. Office managers utilize it to energize the work place. Learning centers use baroque music to enhance memory skills. Health experts praise the rewards of music in the digestive and central nervous systems, the enhancement of attention spans of patients of HDD and in addition promote interaction in persons who struggle with their self-esteem. Some specialists even use the term music therapy when using it to treat certain cognitive or emotional problems. Music as a therapeutic tool is not only restricted the use of recorded material or the playing of musical instruments.

European Tour Operators Essay

Introduction: The macro-environment looks at broad trends shaping the national and international environment. An analysis of the macro environment is crucial in determining the factors which have a direct impact and/or might influence the strategic direction of an organisation. The macro-environment is difficult for organisations to influence and changes can be far-reaching. The media is usually rich source of both information and speculation and as such cannot be a reliable source of reference. There are available tools for analysing the macro-environment in an attempt to identify those factors, which might have an impact upon the organisation, both in terms of being a threat or an opportunity and these include: * The PESTEL framework * Key drivers * Scenarios The PESTEL framework: categorises environmental influences into six main types: * Political * Economic * Social * Technological * Environmental * Legal The PESTEL analysis evaluates the broad societal trends that affect many industries. It identifies current and future developments that will shape the micro-environments of each industry sector. Key drivers for change: are environmental factors that are likely to have a high impact on the success or failure of a business strategy. Scenarios: are detailed and plausible views of how the business environment of an organisation might develop in the future based on key drivers for change about which there is a high level of uncertainty. Question 1: Key drivers of change Using the PESTEL framework, which helps us understand the key drivers of change and external influences on the organization, we can identify the underlying forces in the macro-environment driving the competitive forces as follows; 1.1) POLITICAL: Terrorist attacks that resulted in tight security measures and strict immigration laws. Following these attacks many countries put some destination off-limits, travel insurers would refuse to cover tourists if they went there despite the government ban or warnings against such travels. Tourism also suffered when prolonged tourist abductions began to affect tourist perceptions. 1.2) ECONOMICAL: the economic crisis can positively and negatively impact tourism industry. Economic crisis became the major threat which results in the collapse of some major players in the industry, for example the closing down of ‘XL Leisure Group’. Given that the UNWTO’s Tourism 2020 Vision had forecast that international arrivals are expected to reach nearly 1.6 billion by the year 2020; this implied that more opportunities and more competition was to be expected in the coming years. Hence the assertion that recession can have positive impacts. It therefore was an opportunity for the survivors as they get more market space and more consumers to absorb in. Moreover, a post-recession boom could be expected and taking into consideration that tourism contributes 10.6% of world GDP they always get their stake from the disposable income. 1.3) TECHNOLOGICAL: Customers relying on internet and online sales were increasing. Statistics show a mere 72% of UK households had access to internet in 2008 and is increasing compared to previous years. Even though online sales make it easier for customers and cut costs by reducing staff and intermediaries, it also possesses a threat to companies. Internet has a low barrier for entry (Porter, 2001) and newcomers can easily pop into the competition. Question 2: Porter’s analysis structure: Michael Porter (HBR, 1989) says awareness of the five forces â€Å"can help a company understand the structure of its industry and stake out a position that is more profitable and less vulnerable to attack†. Five force framework helps identifies the sources of competition in the industry (Johnson et al., 2005). Five forces which are not independent of  each other, draws a connection between competitive forces and the key drivers in the macro-environment. The forces reveal the most significant aspects of the competitive environment. They also provide a baseline for sizing up a company’s strengths and weaknesses: Where does the company stand versus buyers, suppliers, entrants, rivals, and substitutes? Most importantly, an understanding of industry structure guides managers toward fruitful possibilities for strategic action, which may include any or all of the following: positioning the company to better cope with the current competitive forces; anticipating and exploiting shifts in the forces; and shaping the balance of forces to create a new industry structure that is more favourable to the company. The best strategies exploit more than one of these possibilities. 2.1Competitive rivalry: There is a moderate competitive rivalry in the industry. High fixed cost largely favours the incumbents. And there is a significant 5% difference in market share between the top two market leaders (TUI 18.6% and Thomas Cook 13.9% in 2008). These huge variations of market shares of incumbents lessen the competition in the industry. 2.2The threats of substitutes: Even though TV, games or other social activities can act as substitutes, they will never be same as travelling. Moreover, there is a low differentiation of products and together there is low threat of substitutes. 2.3 The bargaining power of buyers: There is a low switching cost to buyers with the emergence of internet and online sales. But the low differentiation of products and lesser number of substitutes limits the bargaining power of buyers to low. 2.4The bargaining power of suppliers: Suppliers have high negotiation powers against the companies having a low share in the market. But in a market where the top 5 market leaders covering more than 43.1% of market and possessing a threat of backward integration, there will be a power balance.  This implies only a moderate bargaining power for the suppliers. 2.5The threats of new entrants: High Capital Requirement creates a high barrier of entry for newcomers. And more than 70 % of market share is controlled by the top leaders and this reduces the price retaliation and keeps the economies of scale high. Brand Recognition also acts as a barrier to new entrants. Hence, the threat of new entrants is low. 3. Five forces and the future Porter (1987) said a company can maintain its leadership in the market only by establishing a difference that it can preserve and by keeping its structure attractive. TUI is the leading company in the concentrated market of tour operators in Europe with a staggering 21% of the market share. TUI operates in over 180 countries worldwide serving more than 30 million customers offering a wide range of leisure travel experiences. They also operate around 240 hotels of which majority are in the 4- or 5- star category. The strengths of TUI will help them to maintain their leadership in the tourism industry. Backward Vertical Integration of TUI helped them to spread out through the value chain. This made them deliver a higher value when compared to their competitors at a cheaper price. Being their own suppliers (Airlines, Hotels etc.) helped them to attain cost leadership. Their investments on direct distribution channels act as a key driver reducing the distribution cost and increasing the margin. Their multi-channel distribution focusing on online sales made them capable of retaining their customers and gaining new customers. Stable and management friendly shareholders supported them to incorporate better customer service along with their excellent operating service, and thus extend their presence in the value chain. Moreover, TUI had better liquidity and financial situation following the sale of Hapag-Lloyd. The acquisition of companies varying from tourism, airlines, hotels, cruises etc. all over the world help them attains differentiation. They claim their differentiated products are integral part of their customer retention, brand building and uniqueness and thus gained them the competitive advantage in the market (Annual Report, 2008).TUI always seek to create value for their customers, investors and employees. As the number of short-haul travels increases, TUI will gain from concentrating a bit more on supporting this (can enter in road transportation facilities). Alike other leaders in tourism industry, TUI will also have to tackle their consolidated fixed assets. The level of success achieved by TUI holds some important lessons and some much needed inspiration to a business world; that could use a little of both. However; according to the World Market Travel Industry Report (2010) the travel and tourism industry fear the long-term impact the global downturn will have on the industry, believing it will struggle to return to pre-downturn demand levels and profitability until 2016. More than half of the industry (52%) believes the global downturn’s impact on tourism demand is one of biggest issues facing the industry over the next five years. Furthermore, 49% felt the downturn’s impact on price, profit and margins is a big issue over the next five years – the two biggest percentage responses to the question: What is the biggest single issue facing your business over the next five years? When asked what is the single biggest issue facing their business over the next five years the global downturn’s impact on demand for tourism is cited by more than three out of ten people (31%), while the downturn’s impact on price, profit and margins is cited by a quarter – again the two biggest percentage responses to the question. REFERENCES: 1. Annual Report. (2008). TUI Annual Report. TUI AG. 2. Johnson G and Scholes K (2010) Exploring Corporate Strategy (9th ed). London: Prentice Hall. World 3. Porter, M. E. (1980). How Competitive Forces Shape Strategy. The McKinsey Quarterly ,34-50. 4. Porter, M. E. (2001). Strategy and the Internet. Harvard Business Review, 63-79. 5. Porter, M. (1987). From Competitive Advantage to Corporate Strategy. Harvard Business Review, 43-59 6. TUI website. (n.d.).Retrieved November 6, 2009, from http://www.tui-group.comTUI Case Study UNWTO. (2005). Tourism 2020 vision. Retrieved October 31, 2009, from World Tourism Organisation: http://www.unwto.org/facts/eng/vision.htm

261 End of Huck Finn and The Yellow Wallpaper Professor Ramos Blog

261 End of Huck Finn and The Yellow Wallpaper Huck Finn Ending Quick Write Is The Adventures of Huckleberry Finn still relevant today? Why or why not? Huck Finn Ending Keynote speakers Jocelyn Chadwick, author of The Jim Dilemma: Reading Race in Huckleberry Finn Charlotte Perkins Gilman 1860-1935 Charlotte Perkins Gilman Biography The Yellow Wallpaper 1892 The Yellow Wallpaper (Short Film)

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