Chilling Sins :: essays research papers

Sin is considered something highly immoral, a despicable act that defies divine law. Anyone who commits a sin is regarded as a serious offender of that which is pure. In the novel, The Scarlet Letter, Nathaniel Hawthorne left it to the reader to determine who was the real wrongdoer in the novel. Was it the adulterous Hester Prynne, or the hypocritical Arthur Dimmesdale, or the revenge obsessed Roger Chillingworth? Puritan belief tells us it should be Hester Prynne, because she was a weak-willed woman who broke the vow given to her husband and conceived a child with someone else. However, Hawthorne declares Chillingworth as the greatest sinner because he left his wife alone, lied to the community, betrayed the trust of his patient as a friend and a doctor, and clutched revenge too fondly to his heart.   Ã‚  Ã‚  Ã‚  Ã‚  Before Chillingworth ever was the man after so many turns of events, he had been Master Prynne, happy bridegroom to Hester. Knowing his wife did not love him, he strove to please her, yet at once forgot about his duty as a husband to â€Å"...dwell with them according to knowledge, giving honour unto the wife, as unto the weaker vessel† (1 Peter 3:7 KJV) and sent her to take care of his lands in Boston. This would have been slightly acceptable if he had promised to come to her in the very next passage after completing some important affairs, but that was not the case. The man, so used to being alone, preferred two more years of research in alchemy and sciences before finally reaching his wife, only to find her holding the child of some unknown man. Therefore, it is not completely her burden that she committed adultery then, for it was he that set the stage for this crime, slacking off as husband to his wife. Whatever sin she must bear, he equally bears it. He even says it himself. â€Å"Mine was the first wrong...between thee and me, the scale hangs fairly balanced† (Hawthorne 72).   Ã‚  Ã‚  Ã‚  Ã‚  After being lost for so long, the first thing Mr. Prynne does as he enters the community is shy away from his true title. He gives up the name and is born anew as Roger Chillingworth, physician and newcomer in Boston. At once, the people take this as the truth and welcome him with open arms, not knowing they invite a serpent, caring only for his prey, into their midst. Chilling Sins :: essays research papers Sin is considered something highly immoral, a despicable act that defies divine law. Anyone who commits a sin is regarded as a serious offender of that which is pure. In the novel, The Scarlet Letter, Nathaniel Hawthorne left it to the reader to determine who was the real wrongdoer in the novel. Was it the adulterous Hester Prynne, or the hypocritical Arthur Dimmesdale, or the revenge obsessed Roger Chillingworth? Puritan belief tells us it should be Hester Prynne, because she was a weak-willed woman who broke the vow given to her husband and conceived a child with someone else. However, Hawthorne declares Chillingworth as the greatest sinner because he left his wife alone, lied to the community, betrayed the trust of his patient as a friend and a doctor, and clutched revenge too fondly to his heart.   Ã‚  Ã‚  Ã‚  Ã‚  Before Chillingworth ever was the man after so many turns of events, he had been Master Prynne, happy bridegroom to Hester. Knowing his wife did not love him, he strove to please her, yet at once forgot about his duty as a husband to â€Å"...dwell with them according to knowledge, giving honour unto the wife, as unto the weaker vessel† (1 Peter 3:7 KJV) and sent her to take care of his lands in Boston. This would have been slightly acceptable if he had promised to come to her in the very next passage after completing some important affairs, but that was not the case. The man, so used to being alone, preferred two more years of research in alchemy and sciences before finally reaching his wife, only to find her holding the child of some unknown man. Therefore, it is not completely her burden that she committed adultery then, for it was he that set the stage for this crime, slacking off as husband to his wife. Whatever sin she must bear, he equally bears it. He even says it himself. â€Å"Mine was the first wrong...between thee and me, the scale hangs fairly balanced† (Hawthorne 72).   Ã‚  Ã‚  Ã‚  Ã‚  After being lost for so long, the first thing Mr. Prynne does as he enters the community is shy away from his true title. He gives up the name and is born anew as Roger Chillingworth, physician and newcomer in Boston. At once, the people take this as the truth and welcome him with open arms, not knowing they invite a serpent, caring only for his prey, into their midst.

Diabetes Essay -- Biology Biological Medical Health Essays

Diabetes Diabetes is a chronic metabolic disorder that "occurs when the body is unable to produce or respond to insulin, a hormone that allows blood glucose to enter the cells of the body and generate the body's energy" (Ebony, 115). Diabetes is a disease that affects approximately 3% of the world' population. In American alone, 10.3 million people report having diabetes, while an estimated 10 million more individuals may have undiagnosed diabetes (Morwessel, 540). The gene for diabetes is located in the HLA region on chromosome 6, and the most probable organization of the responsible gene is on a 19-kb region of INS-IGF2, which affects HLA-DR4 IDDM susceptibility. Diabetes Mellitus, was first diagnosed in the year 1000 BC, by the father of Indian medicine, Susrata of the Hindus (Knott, 539). The actual term was coined by Apollonius of Memphis in 230 BC. Like other complex gene disorders, diabetes does not have an identifiable inheritance pattern, although the disease seems to cluster within families (Morwessel, 552). Two different forms of diabetes mellitus exist: Type I and Type II. Type I, formerly known as IDDM or insulin dependent diabetes mellitus, affects 10% of diabetics. The remaining 90% are induced with Type II, formerly known as NIDDM or non-insulin dependent diabetes mellitus (Nelson et al, 227). Type I diabetes is the most common chronic illness during childhood development, and usually evolves in individuals under the age of 15. The formation of Type I diabetes usually shortens the life span by an average of 10-20 years. While Type I diabetes is the more severe form, Type II diabetes is the more common form. It seems to affect individuals from different ethnic backgrounds, mainly Asian, African, Mexican, an... ...etes (Morwessel 550). Works Cited: Abramovitz, Melissa. Taking Control of Diabetes. Current Health 2. Jan 1999. Vol. 25. Issue 5. 19-22. Dahlquist, G. The aetiology of type I diabetes: an epidemiological perspective. ACTA Paediatr Suppl. 1998. Vol. 425. 5-10. Ebony. Diabetes Copin with a Deadly Disease. Mar 1999. Vol. 54. Issue 5. 115-118. Goyder, Elizabeth and Irwig, Les. Screening for Diabetes: What are we Really Doing? British Medical Journal. Dec 1998. Vol. 317. Issue 7173. 1644-1647. Morwessel, Nancy. The Genetic Basis of Diabetes Mellitus. AACN Clinical Issues. Nov 1998. Vol. 9. No. 4. 539-553. Nelson, Robert, and Everhart, James and Knowler, William, and Bennett, Peter. Incidence, Prevalence, and Risk Factors for Non-Insulin Dependent Diabetes Mellitus. Primary Care: Clinics in Office Practice. June 1998. Vol. 15. Number 2. 227-246. Diabetes Essay -- Biology Biological Medical Health Essays Diabetes Diabetes is a chronic metabolic disorder that "occurs when the body is unable to produce or respond to insulin, a hormone that allows blood glucose to enter the cells of the body and generate the body's energy" (Ebony, 115). Diabetes is a disease that affects approximately 3% of the world' population. In American alone, 10.3 million people report having diabetes, while an estimated 10 million more individuals may have undiagnosed diabetes (Morwessel, 540). The gene for diabetes is located in the HLA region on chromosome 6, and the most probable organization of the responsible gene is on a 19-kb region of INS-IGF2, which affects HLA-DR4 IDDM susceptibility. Diabetes Mellitus, was first diagnosed in the year 1000 BC, by the father of Indian medicine, Susrata of the Hindus (Knott, 539). The actual term was coined by Apollonius of Memphis in 230 BC. Like other complex gene disorders, diabetes does not have an identifiable inheritance pattern, although the disease seems to cluster within families (Morwessel, 552). Two different forms of diabetes mellitus exist: Type I and Type II. Type I, formerly known as IDDM or insulin dependent diabetes mellitus, affects 10% of diabetics. The remaining 90% are induced with Type II, formerly known as NIDDM or non-insulin dependent diabetes mellitus (Nelson et al, 227). Type I diabetes is the most common chronic illness during childhood development, and usually evolves in individuals under the age of 15. The formation of Type I diabetes usually shortens the life span by an average of 10-20 years. While Type I diabetes is the more severe form, Type II diabetes is the more common form. It seems to affect individuals from different ethnic backgrounds, mainly Asian, African, Mexican, an... ...etes (Morwessel 550). Works Cited: Abramovitz, Melissa. Taking Control of Diabetes. Current Health 2. Jan 1999. Vol. 25. Issue 5. 19-22. Dahlquist, G. The aetiology of type I diabetes: an epidemiological perspective. ACTA Paediatr Suppl. 1998. Vol. 425. 5-10. Ebony. Diabetes Copin with a Deadly Disease. Mar 1999. Vol. 54. Issue 5. 115-118. Goyder, Elizabeth and Irwig, Les. Screening for Diabetes: What are we Really Doing? British Medical Journal. Dec 1998. Vol. 317. Issue 7173. 1644-1647. Morwessel, Nancy. The Genetic Basis of Diabetes Mellitus. AACN Clinical Issues. Nov 1998. Vol. 9. No. 4. 539-553. Nelson, Robert, and Everhart, James and Knowler, William, and Bennett, Peter. Incidence, Prevalence, and Risk Factors for Non-Insulin Dependent Diabetes Mellitus. Primary Care: Clinics in Office Practice. June 1998. Vol. 15. Number 2. 227-246.

Simon And Ralph Comparison At Chapter 3 :: essays research papers

Golding portrays the different characters and those ideologies that accompany them with a strong contrast in writing style. To further understand this we must compare characters from his Nobel Prize winning novel, The Lord of the Flies. A good example of this is Jack who represents evil, described at the beginning of chapter three, and Simon who represents good and spirituality, described at the end of chapter three.Golding writes the story with the knowledge that characters who strongly dominate the plot at any given time of the book will become associated with the mood and imagery of their surroundings. When he writes about Jack he creates dark images, to represent evil. One of the ways that he does this is by placing Jack in a dark and unpleasant jungle. The jungle that Golding describes is also humid, and makes the reader feel uncomfortable. He also describes Jack as being similar to animals; "†¦Then dog-like on all fours†¦", "†¦flared nostrils", as to create an image of a character who is governed by instinct and savagery. The mention of dark sunburn and freckles splashes the image of red colour on Jack's character signifying rage and lack of control. Every move that Jack makes is described as quick and deceiving, and this prevents the reader from trusting or admiring Jack.When Golding writes about Simon's sunburn, he describes it as a deep tan, which does not have the same connotation as Jack's red sunburn. Every move that Simon makes is slow and delicate; "†¦He picked his way up the scar†¦", "†¦He walked with an accustomed tread†¦". Simon is found in a beautiful scene with fruit trees, flowers, and honey bees. Butterflies dance, expressing the good spirit always accompanying Simon. Golding has the little ones who are the helpless and weak members of society seek Simon for aide in reaching fruit that they themselves cannot reach. This is done intentionally to show Simon's compassion, and Golding would not place Jack in a similar scenario.

Compare and Contrast Essay Essay

In the stories, â€Å"The Lie,† by Kurt Vonnegut and â€Å"Barn Burning,† by William Faulkner, the main characters mature from childhood into adulthood. This maturity either develops from support of one’s family and upbringing or it grows internally from one’s conscience. We see from both stories that the main characters use this maturity to courageously speak up. In the story, â€Å"The Lie,† Eli matures into adulthood. Due to his parents’ lack of understanding of his individuality in the beginning of the story, Eli has to deny his own feelings. When Eli receives the letter that he was rejected from the esteemed high school, Whitehill, he secretly tears it up since he is nervous of his parents’ disappointment. Eli’s mother, Sylvia, helps him transition into maturity as she begins to recognize her son’s individuality. At the beginning of the story, Sylvia thinks of her son as just another Ramenzal that will be attending W hitehill and even gives him â€Å"number thirty one† (Vonnegut, 2) in the honored list of the Ramenzals who have attended the institution. Sylvia fails to realize that Eli has unique qualities that are different from the rest of the Remenzels until the end of the story. When the Remenzels discover from the headmaster that Eli has not been accepted to the school and realize that Eli has ran away because of the tough situation he got himself into, Sylvia finally recognizes that Whitehill is not the best place for him. This allows Eli to open up and express his feelings comfortably. We see this when Eli expresses his feelings of anger at his father for trying to get him into Whitehill, for he realizes he will not succeed there. He says, â€Å"You shouldn’t have done that† (Vonnegut, 12). At the point that he is recognized as an individual, he is ultimately able to mature through his new ability to express himself without being intimidated. Sarty from the story â€Å"Barn Burning,† also develops and matures into adulthood. Throughout the story he has an internal conflict between loyalty to his family an d doing what is right. Sarty’s father, Abner, makes this struggle very difficult by pressuring his son to be loyal to a family that is living a life of vengeance, anger and retribution. He  accuses his son of almost telling the justice that his father did in fact burn down the barn. He hits his son and then tells him, â€Å"You got to learn. You got to learn to stick to your own blood or you ain’t going to have any blood to stick to you† (Faulkner, 3). He is faced with a conflict which he describes as â€Å"being pulled two ways like between two teams of horses† (Faulkner, 7). Finally at the end of the story he builds up the courage to run away from his family and tell the landlords that his father is planning on burning their barn. He realizes that he made the right decision of following his conscience and doesn’t regret being disloyal to his blood, as the story ends, â€Å"He did not look back† (Faulkner, 11). We see in these two stories the main characters’ initiation into adulthood. They both are able to openly express what they really thought was the right thing. Eli matures and is able to express his feelings when he is recognized as an individual and not as another Remenzel. Sarty also develops into an adult as he follows his conscience, and speaks out against his family. Sometimes a person, like Eli, needs support in order to mature, yet sometimes a person, like Sarty, matures, regardless of support, by following his conscience. Works Cited Faulkner, William. Barn Burning. Logan, IA: Perfection Form, 1979. Print. Kurt Vonnegut. The Lie. Woodstock, IL: Dramatic Pub., 1992. Print

Bloodsucking Fiends: A Love Story Chapter 23~24

Chapter 23 Mom and Terrapin Pie â€Å"She's in town,† Jody said. â€Å"She's coming over in a few minutes.† Jody lowered the phone to its cradle. Tommy appeared in the bedroom doorway, Scott still dangling from his sleeve. â€Å"You're kidding.† â€Å"You're missing a cufflink,† Jody said. â€Å"I don't think he's going to let go. Do we have any scissors?† Jody took Tommy by the sleeve a few inches above where Scott was clamped. â€Å"You ready?† Tommy nodded and she ripped his sleeve off at the shoulder. Scott skulked into the bedroom, the sleeve still clamped in his jaws. â€Å"That was my best shirt,† Tommy said, looking at his bare arm. â€Å"Sorry, but we've got to clean this place up and get a story together.† â€Å"Where did she call from?† â€Å"She was at the Fairmont Hotel. We've got maybe ten minutes.† â€Å"So she won't be staying with us.† â€Å"Are you kidding? My mother under the same roof where people are living in sin? Not in this lifetime, turtleboy.† Tommy took the turtleboy shot in stride. This was an emergency and there was no time for hurt feelings. â€Å"Does you mother use phrases like ‘living in sin'?† â€Å"I think she has it embroidered on a sampler over the telephone so she won't forget to use it every month when I call.† Tommy shook his head. â€Å"We're doomed. Why didn't you call her this month? She said you always call her.† Jody was pacing now, trying to think. â€Å"Because I didn't get my reminder.† â€Å"What reminder?† â€Å"My period. I always call her when I get my period each month – just to get all the unpleasantness out of the way at one time.† â€Å"When was the last time you had a period?† Jody thought for a minute. It was before she had turned. â€Å"I don't know, eight, nine weeks. I'm sorry, I can't believe I forgot.† Tommy went to the futon, sat down, and cradled his head in his hands. â€Å"What do we do now?† Jody sat next to him. â€Å"I don't suppose we have time to redecorate.† In the next ten minutes, while they cleaned up the loft, Jody tried to prepare Tommy for what he was about to experience. â€Å"She doesn't like men. My father left her for a younger woman when I was twelve, and Mother thinks all men are snakes. And she doesn't really like women either, since she was betrayed by one. She was one of the first women to graduate from Stanford, so she's a bit of a snob about that. She says that I broke her heart when I didn't go to Stanford. It's been downhill since then. She doesn't like that I live in the City and she has never approved of any of my jobs, my boyfriends, or the way I dress.† Tommy stopped in the middle of scrubbing the kitchen sink. â€Å"So what should I talk about?† â€Å"It would probably be best if you just sat quietly and looked repentant.† â€Å"That's how I always look.† Jody heard the stairwell door open. â€Å"She's here. Go change your shirt.† Tommy ran to the bedroom, stripping off his one-sleever as he went. I'm not ready for this, he thought. I have more work to do on myself before I'm ready for a presentation. Jody opened the door catching her mother poised to knock. â€Å"Mom!† Jody said, with as much enthusiasm as she could muster. â€Å"You look great.† Frances Evelyn Stroud stood on the landing looking at her youngest daughter with restrained disapproval. She was a short, stout woman dressed in layers of wool and silk under an eggshell cashmere coat. Her hair was a woven gray-blond, flared and lacquered to expose a pair of pearl earrings roughly the size of Ping-Pong balls. Her eyebrows had been plucked away and painted back, her cheekbones were high and highlighted, her lips lined, filled, and clamped tight. She had the same striking green eyes as her daughter, flecked now with sparks of judgment. She had been pretty once but was now passing into the limbo-land of the menopausal woman known as handsome. â€Å"May I come in,† she said. Jody, caught in the half-gesture of offering a hug, dropped her arms. â€Å"Of course,† she said, stepping aside. â€Å"It's good to see you,† she said, closing the door behind her mother. Tommy bounded from the bedroom into the kitchen and slid to a stop on stocking feet. â€Å"Hi,† he said. Jody put her hand on her mother's back. Frances flinched, ever so slightly, at the touch. â€Å"Mother, this is Thomas Flood. He's a writer. Tommy, this is my mother, Frances Stroud.† Tommy approached Frances and offered his hand. â€Å"Pleased to meet you†¦Ã¢â‚¬  She clutched her Gucci bag tightly, then forced herself to take his hand. â€Å"Mrs. Stroud,† she said, trying to head off the unpleasantness of hearing her Christian name come out of Tommy's mouth. Jody broke the moment of discomfort so they could pass into the next one. â€Å"So, Mom, can I take your coat? Would you like to sit down?† Frances Stroud surrendered her coat to her daughter as if she were surrendering her credit cards to a mugger, as if she didn't want to know where it was going because she would never see it again. â€Å"Is this your couch?† she asked, nodding toward the futon. â€Å"Have a seat, Mother; we'll get you something to drink. We have†¦Ã¢â‚¬  Jody realized that she had no idea what they had. â€Å"Tommy, what do we have?† Tommy wasn't expecting the questions to start so soon. â€Å"I'll look,† he said, running to the kitchen and throwing open a cabinet. â€Å"We have coffee, regular and decaf.† He dug behind the coffee, the sugar, the powdered creamer. â€Å"We have Ovaltine, and†¦Ã¢â‚¬  He threw open the refrigerator. â€Å"Beer, milk, cranberry juice, and beer – a lot of beer – I mean, not a lot, but plenty, and†¦Ã¢â‚¬  He opened the chest freezer. Peary stared up at him through a gap between frozen dinners. Tommy slammed the lid.†Ã¢â‚¬ ¦ that's it. Nothing in there.† â€Å"Decaf, please,† said Mother Stroud. She turned to Jody, who was returning from balling up her mother's cashmere coat and throwing it in the corner of the closet. â€Å"So, you've left your job at Transamerica. Are you working, dear?† Jody sat in a wicker chair across the wicker coffee table from her mother. (Tommy had decided to decorate the loft in a Pier 1 Imports cheap-shit motif. As a result it was only a ceiling fan and a cockatoo away from looking like a Thai cathouse.) Jody said, â€Å"I've taken a job in marketing.† It sounded respectable. It sounded professional. It sounded like a lie. â€Å"You might have told me and saved me the embarrassment of calling Transamerica only to find out that you had been let go.† â€Å"I quit, Mother. I wasn't let go.† Tommy, trying to will himself invisible, bowed his way between them to deliver the decaf, which he had arranged on a wicker tray with cream and sugar. â€Å"And you, Mr. Flood, you're a writer? What do you write?† Tommy brightened. â€Å"I'm working on a short story about a little girl growing up in the South. Her father is on a chain gang.† â€Å"You're from the South, then?† â€Å"No, Indiana.† â€Å"Oh,† she said, as if he had just confessed to being raised by rats. â€Å"And where did you go to university?† â€Å"I, um, I'm sort of self-educated. I think experience is the best teacher.† Tommy realized that he was sweating. â€Å"I see,† she said. â€Å"And where might I read your work?† â€Å"I'm not published yet.† He squirmed. â€Å"I'm working on it, though,† he added quickly. â€Å"So you have another job. Are you in marketing as well?† Jody intervened. She could see steam rising off Tommy. â€Å"He manages the Marina Safeway, Mother.† It was a small lie, nothing compared to the tapestry of lies she had woven for her mother over the years. Mother Stroud turned a scalpel gaze on her daughter. â€Å"You know, Jody, it's not too late to apply to Stanford. You'd be a bit older than the other freshmen, but I could pull a few strings.† How does she do this? Jody wondered. How does she come into my home and within minutes make me feel like dirt on a stick? Why does she do it? â€Å"Mother, I think I'm beyond going back to school.† Mother Stroud picked up her cup as if to sip, then paused. â€Å"Of course, dear. You wouldn't want to neglect your career and family.† It was a verbal sucker punch delivered with polite, extended-pinky malice. Jody felt something drop inside her like cyanide pellets into acid. Her guilt dropped through the gallows' trap and jerked with broken-neck finality. She regretted only the ten thousand sentences she had started with, â€Å"I love my mother, but†¦Ã¢â‚¬  You do that so people don't judge you cold and inhuman, Jody thought. Too late now. She said, â€Å"Perhaps you're right, Mother. Perhaps if I had gone to Stanford I would understand why I wasn't born with an innate knowledge of cooking and cleaning and child-rearing and managing a career and a relationship. I've always wondered if it's lack of education or genetic deficiency.† Mother Stroud was unshaken. â€Å"I can't speak for your father's genetic background, dear.† Tommy was grateful that Mother Stroud's attention had turned from him, but he could see Jody's gaze narrowing, going from hurt to anger. He wanted to come to her aid. He wanted to make peace. He wanted to hide in the corner. He wanted to wade in and kick ass. He weighed his polite upbringing against the anarchists, rebels, and iconoclasts who were his heroes. He could eat this woman alive. He was a writer and words were his weapons. She wouldn't have a chance. He'd destroy her. And he would have. He was taking a deep breath to prepare to light into her when he saw a swath of denim disappearing slowly under the frame of the futon: his dismembered shirt sleeve. He held his breath and looked at Jody. She was smiling, saying nothing. Mother Stroud said, â€Å"Your father was at Stanford on an athletic scholarship, you know. They would have never let him in otherwise.† â€Å"I'm sure you're right, Mother,† Jody said. She smiled politely, listening not to her mother, but to the melodic scraping of turtle claws on carpet. She focused on the sound and could hear the slow, cold lugging of Scott's heart. Mother Stroud sipped her decaf. Tommy waited. Jody said, â€Å"So how long will you be in the City?† â€Å"I just came up to do some shopping. I'm sponsoring a benefit for the Monterey Symphony and I wanted a new gown. Of course I could have found something in Carmel, but everyone would have seen it already. The bane of living in a small community.† Jody nodded as if she understood. She had no connection to this woman, not anymore. Frances Evelyn Stroud was a stranger, an unpleasant stranger. Jody felt more of a connection with the turtle under the futon. Under the futon, Scott spotted a pattern of scales on Mother Stroud's shoes. He'd never seen Italian faux-alligator pumps, but he knew scales. When you are lying peacefully buried in the muck at the bottom of a pond and you see scales, it means food. You bite. Frances Stroud shrieked and leaped to her feet, pulling her right foot free of her shoe as she fell into the wicker coffee table. Jody caught her mother by the shoulders and set her on her feet. Frances pushed her away and backed across the room as she watched the snapping turtle emerge from under the futon merrily chomping on the pump. â€Å"What is that? What is that thing? That thing is eating my shoe. Stop it! Kill it!† Tommy hurdled the futon and dived for the turtle, catching the heel of the shoe before it disappeared. Scott dug his claws into the carpet and backed off. Tommy came up with heel in hand. â€Å"I got part of it.† Jody went to her mother's side. â€Å"I meant to call the exterminator, Mother. If I'd had more notice†¦Ã¢â‚¬  Mother Stroud was breathing in outraged yips. â€Å"How can you live like this?† Tommy held the heel out to her. â€Å"I don't want that. Call me a cab.† Tommy paused, considered the opportunity, then let it pass and went to the phone. â€Å"You can't go out without shoes, Mother. I'll get you something to wear.† Jody went to the bedroom and came back with her rattiest pair of sneakers. â€Å"Here, Mom, these will get you back to the hotel.† Mother Stroud, afraid to sit down anywhere, leaned against the door and stepped into the sneakers. Jody tied them for her and slipped the uneaten pump into her mother's bag. â€Å"There you go.† She stepped back. â€Å"Now, what are we going to do for the holidays?† Mother Stroud, her gaze trained on Scott, just shook her head. The turtle had wedged himself between the legs of the coffee table and was dragging it around the loft. A cab pulled up outside and beeped the horn. Mother Stroud tore her gaze away from the turtle and looked at her daughter. â€Å"I'll be in Europe for the holidays. I have to go now.† She opened the door and backed out through it. â€Å"‘Bye, Mom,† Jody said. â€Å"Nice meeting you, Mrs. Stroud,† Tommy called after her. When the cab pulled away, Tommy turned to Jody and said, â€Å"Well, that went pretty well, didn't it? I think she likes me.† Jody was leaning against the door, staring at the floor. She looked up and began to giggle silently. Soon she was doubled over laughing. â€Å"What?† Tommy said. Jody looked up at him, tears streaming her face. â€Å"I think I'm ready to meet your folks, don't you?† â€Å"I don't know. They might be sort of upset that you're not a Methodist.† Chapter 24 The Return of Breakfast The Emperor lay spread-eagle on the end of a dock in the Saint Francis Yacht Club Marina, watching clouds pass over the bay. Bummer and Lazarus lay beside him, their feet in the air, dozing. The three might have been crucified there, if the dogs hadn't been smiling. â€Å"Men,† the Emperor said, â€Å"it seems to me now that there is, indeed, a point to that Otis Redding song about sitting on the dock of the bay. After a long night of vampire hunting, this is a most pleasant way to spend the day. Bummer, I believe a commendation is in order. When you led us down here, I thought you were wasting our time.† Bummer did not answer. He was dreaming of a park full of large trees and bite-sized mailmen. His legs twitched and he let out a sleepy ruff each time he crunched one of their tiny heads. In dreams, mailmen taste like chicken. The Emperor said, â€Å"But pleasant as this is, it tastes of guilt, of responsibility. Two months tracking this fiend, and we are no closer to finding him than when we started. Yet here we lay, enjoying the day. I can see the faces of the victims in these clouds.† Lazarus rolled over and licked the Emperor's hand. â€Å"You're right, Lazarus, without sleep we will not be fit for battle. Perhaps, in leading us here, Bummer was wiser than we thought.† The Emperor closed his eyes and let the sound of waves lapping against the piers lull him to sleep. Lying at anchor, a hundred yards away, was a hundred-foot motor yacht registered in the Netherlands. Belowdecks, in a watertight stainless steel vault, the vampire slept through the day. Tommy had been asleep for an hour when pounding on the door downstairs woke him. In the darkness of the bedroom he nudged Jody, but she was out for the day. He checked his watch: 7:30 A.M. The loft rocked with the pounding. He crawled out of bed and stumbled to the door in his underwear. The morning light spilling though the loft's windows temporarily blinded him and he barked his shin on the corner of the freezer on his way through the kitchen. â€Å"I'm coming,† he yelled. It sounded as if they were using a hammer on the door. He did a Quasimodo step and slid down the stairs, holding his damaged shin in one hand, and cracked the downstairs door. Simon peeked through the crack. Tommy could see a ball-peen hammer in his hand, poised for another pound. Simon said, â€Å"Pardner, we need to have us a sit-down.† â€Å"I'm sleeping, Sime. Jody's sleeping.† â€Å"Well, you're up now. Wake up the little woman, we need breakfast.† Tommy opened the door a little wider and saw Drew dazzling a stoned and goofy grin behind Simon. â€Å"Fearless Leader!† All the Animals were there, holding grocery bags, waiting. Tommy thought, This is how Anne Frank felt when the Gestapo came to the door. Simon pushed through the door, causing Tommy to hop back a step to avoid having his toes skinned. â€Å"Hey.† Simon looked at Tommy's erection-stretched jockey shorts. â€Å"That just a morning wood, or you in the middle of something?† â€Å"I told you, I was sleeping.† â€Å"You're young, it could still grow some. Don't feel bad.† Tommy looked down at his insulted member as Simon breezed past him up the stairs, followed by the rest of the Animals. Glint and Lash stopped and helped Tommy to his feet. â€Å"I was sleeping,† Tommy said pathetically. â€Å"It's my day off.† Lash patted Tommy's shoulder. â€Å"I'm cutting class today. We thought you needed moral support.† â€Å"For what? I'm fine.† â€Å"Cops came by the store last night looking for you. We wouldn't give them your address or anything.† â€Å"Cops?† Tommy was waking up now. He could hear beers being popped open in the loft. â€Å"What did the cops want with me?† â€Å"They wanted to see your time cards. They wanted to see if you were working on a bunch of nights. They wouldn't say why. Simon tried to distract them by accusing me of leading a black terrorist group.† â€Å"That was nice of him.† â€Å"Yeah, he's a sweetheart. He told that new cashier, Mara, that you were in love with her but were too shy to tell her.† â€Å"Forgive him,† Clint said piously. â€Å"He knows not what he does.† Simon popped out onto the landing. â€Å"Flood, did you drug this bitch? She won't wake up.† â€Å"Stay out of the bedroom!† Tommy shook off Lash and Clint and ran up the stairs. Cavuto chewed an unlit cigar. â€Å"I say we go to the kid's house and lean on him.† Rivera looked up from a stack of green-striped computer printout. â€Å"Why? He was working when all the murders happened.† â€Å"Because he's all we've got. What about the prints on the book; any thing?† â€Å"There were half a dozen good prints on the cover. Nothing the computer could match. Interesting thing is, none of the prints were the victim's. He never touched it.† â€Å"What about the kid; a match?† â€Å"No way to tell, he's never been printed. Let it go, Nick. That kid didn't kill these people.† Cavuto ran his hand over his bald head as if looking for a bump that would hold an answer. â€Å"Let's arrest him and print him.† â€Å"On what charges?† â€Å"We'll ask him. You know what the Chinese say, ‘Beat a kid every day; if you don't know why, the kid will.  » â€Å"You ever think about adopting, Nick?† Rivera flipped the last page of the printout and threw it into the wastebasket by his desk. â€Å"Justice doesn't have shit. All the unsolved murders with massive blood loss involve mutilation. No vampires here.† For two months they had avoided using the word. Now, here it was. Cavuto took out a wooden match, scraped it against the bottom of his shoe, and moved it around the tip of his cigar. â€Å"Rivera, we will not refer to this perp by the V-word again. You don't remember the Night Stalker. This fucking Whiplash Killer thing the press has picked up is bad enough.† â€Å"You shouldn't smoke in here,† said Rivera. â€Å"The sprout eaters will file a grievance.† â€Å"Fuck 'em. I can't think without smoking. Let's run sex offenders. Look for priors of rapes and assaults with blood draining. This guy might have just graduated to killing. Then let's run it with cross-dressers.† â€Å"Cross-dressers?† â€Å"Yeah, I want to put this thing with the redhead to bed. Having a lead is ruining our perfect record.† She woke to a miasma of smells that hit her like a sockful of sand: burned eggs, bacon grease, beer, maple syrup, stale pot smoke, whiskey, vomit and male sweat. The smells carried memories from before the change – memories of high school keggers and drunken surfers face-down in puddles of puke. Hangover memories. Coming as they did, right after a visit from her mother, they carried shame and loathing and the urge to fall back into bed and hide under the covers. She thought, I guess there's a few things about being human that I don't miss. She pulled on a pair of sweatpants and one of Tommy's shirts and opened the bedroom door. It looked as if the good ship International Pancakes had run aground in the kitchen. Every horizontal surface was covered with breakfast jetsam. She stepped through the debris, careful not to kick any of the plates, frying pans, coffee cups, or beer cans that littered the floor. Beyond the freezer and the counter she spotted the shipwreck survivor. Tommy lay on the futon, limbs akimbo, an empty Bushmill's bottle by his head, snoring. She stood there for a moment running her options over in her head. On one hand, she wanted to fly into a rage; wake Tommy up and scream at him for violating the sanctity of their home. A justifiable tantrum was strongly tempting. On the other hand, until now Tommy had always been considerate. And he would clean everything up. Plus, the hangover he was about to experience would be more punishment than she could dole out in a week. Besides, she wasn't really that angry. It didn't seem to matter. It was just a mess. It was a tough decision. She thought, Oh heck, no harm, no foul. I'll just make him coffee and give him that â€Å"I'm-so-disappointed-in-you† look. â€Å"Tommy,† she said. She sat down on the edge of the futon and jostled him gently. â€Å"Sweetheart, wake up; you've destroyed the house and I need you to suffer for it.† Tommy opened one bloodshot eye and groaned. â€Å"Sick,† he said. Jody heard a convulsive sloshing in Tommy's stomach and before she could think about it she had caught him under the armpits and was dragging him across the room to the kitchen sink. â€Å"Oh my God!† Tommy cried, and if he was going to say anything else it was drowned out by the sound of his stomach emptying into the sink. Jody held him up, smiling to herself with the satisfaction of the self-righteously sober. After a few seconds of retching, he gasped and looked up at her. Tears streamed down his face. His nose dripped threads of slime. Cheerfully, Jody said, â€Å"Can I fix you a drink?† â€Å"Oh my God!† His head went back into the sink and the body-wrenching heaves began anew. Jody patted his back and said â€Å"Poor baby† until he came up for air again. â€Å"How about some breakfast?† she asked. He dived into the sink once again. After five minutes the heaves subsided and Tommy hung on the edge of the sink. Jody turned on the faucet and used the dish sprayer to hose off his face. â€Å"I guess you and the guys had a little party this morning, huh?† Tommy nodded, not looking up. â€Å"I tried to keep them out. I'm sorry. I'm scum.† â€Å"Yes, you are, sweetheart.† She ruffed his hair. â€Å"I'll clean it up.† â€Å"Yes, you will,† she said. â€Å"I'm really sorry.† â€Å"Yes, you are. Do we want to go back to the futon and sit down?† â€Å"Water,† Tommy said. She ran him a glass of water and steadied him while he drank, then aimed him into the sink when the water came back up. â€Å"Are you finished now?† she asked. He nodded. She dragged him into the bathroom and washed his face, rubbing a little too hard, like an angry mother administering an abrasive spit-bath to a chocolate-covered toddler. â€Å"Now you go sit down and I'll make you some coffee.† Tommy staggered back to the living room and fell onto the futon. Jody found the coffee filters in the cupboard and began to make the coffee. She opened the cupboard to look for a cup but the Animals had used them all. They were strewn around the loft, tipped over or half full of whisky diluted by melted ice. Ice? â€Å"Tommy!† He groaned and grabbed his head. â€Å"Don't yell.† â€Å"Tommy, did you guys use the ice from the freezer?† â€Å"I don't know. Simon was bartending.† Jody brushed the dishes and pans from the lid of the chest freezer and threw it open. The ice trays, the ones Tommy had bought for the drowning experiment, were empty and scattered around the inside of the freezer. Peary's frosty face stared up at her. She slammed the lid shut and stormed across the room to Tommy. â€Å"Dammit, Tommy, how could you be so careless?† â€Å"Don't yell. Please don't yell. I'll clean it up.† â€Å"Clean it up my ass. Someone was in the freezer. Someone saw the body.† â€Å"I think I'm going to be sick.† â€Å"Did they come into the bedroom while I was sleeping? Did they see me?† Tommy cradled his head as if it would crack at any moment and spill his brains onto the floor. â€Å"They had to get to the bathroom. It's okay; I covered you up so the light wouldn't get to you.† â€Å"You idiot!† She snatched up a coffee cup and prepared to throw it at him, then caught herself. She had to get out of here before she hurt him. She shook as she set the cup on the counter. â€Å"I'm going out, Tommy. Clean up this mess.† She turned and went to the bedroom to change. When she emerged, still shaking with anger, Tommy was standing in the kitchen looking repentant. â€Å"Will you be home before I leave for work?† She glared at him. â€Å"I don't know. I don't know when I'll be back. Why didn't you just put a sign on the door, ‘See the Vampire'? This is my life you're playing with, Tommy.† He didn't answer. She turned and walked out, slamming the door. â€Å"I'll feed your turtles for you,† he called after her.

Legal Considerations in the Business Environment Essay

While there are many legal factors to consider as XYZ Construction (XYZ) transforms from a private to a publicly owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and on eliminating child labor. In the 1960s and 70s, statutes focused on anti-discrimination and unsafe work environments. Current issues involve employee health care, equal pay for men and women and the current debate on raising the federal minimum wage. There were also several issues addressed by the US Supreme Court of great importance to employment law including workplace discrimination and retaliation (Brill et al, 2013). The predominance of employment law disputes fall into two categories: wage and hour violations and discrimination in the workplace. Federal law provides for baseline rules regarding wage and hour standards, to include a minimum wage of $7.25 per hour and 40 hours as the standard work week. Many states have passed laws that establish a higher minimum wage, which is within their constitutional right. In these situations, XYZ is compelled to pay the higher minimum wage of that state. There is an emerging effort across the United States to raise the federal minimum wage to $9.50 per hour. In some  cases, this will place the federal wage higher than some states, meaning XYZ would have to pay the federal wage as it would trump the state legislation. It is prudent for XYZ to negotiate appropriate compensation on multiyear contracts as this new legislation works through the process. The standard work week, on the other hand, is prevalent across the United States and any worker that exceeds this threshold is entitled to overtime pay compensation. These rules exist to control the work environment for employees and mandates that time and a half be paid on every hour exceeding 40 within a given work week. The law also stipulates that XYZ will maintain basic payroll records and post notices to the workers regarding changes in the work environment. As XYZ experiences delays within projects, the pressure to push the work crews to make up these delays grows. While working overtime to meet customer requirements and project timelines are acceptable, supervisors must ensure adherence to the various employment laws; not doing so could lead to unfair labor practice disputes and costly legal battles (Brill et al, 2013). Another area that is a basis of employment law disputes is discrimination in the workplace. Prohibiting discrimination based on ethnicity, religious beliefs, gender, age, or disability was established with the Civil Rights Act of 1964 and refined with subsequent legislation throughout the years. The Supreme Court handed down two significant decisions in 2013 that clarify evidentiary standards for discrimination claims, both are viewed as beneficial to the employer. First, the courts ruled that retaliation with discrimination as a motivating factor was not sufficient. The plaintiff must prove that discrimination was the basis for the retaliation, making the burden of proof much greater (Brill et al, 2013). Second, the courts clarified the definition of a supervisor under Title VII of the Civil Rights Act. They ruled that the title of â€Å"supervisor† is limited to those who have authority to take a tangible employment action, meaning â€Å"a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.† (Brill et al, 2013, p.4). Having the authority to direct daily work was not sufficient to link the supervisor to the company in regard to damages or actions tied to a law suit or dispute. However, the company is still liable for discriminatory actions of non-supervisory employees,  especially if it was notified and failed to take action to stop the behavior. This is significant considering that the majority of XYZ’s work force is contracted labor. As such it is imperative that XYZ maintain viable and proactive policies focused on preventing workplace discrimination and include a review of these policies prior to initiating any employment agreement. Labor Law Conducting business in a union environment provides for another layer of complexity to company operations. XYZ’s leadership must be aware of and understand the basics of labor law and the collective agreements negotiated with the unions representing the workforce. Failure to operate within the parameters of the agreement will result in an unfair labor practice dispute, which affects the profit margins of the shareholders. Labor law, also governed by federal law, state law and judicial decisions, provides statutes that mediate the relationship between workers, employers, unions, and the government with the goal of equalizing the bargaining power between employers and employee (Legal Information Institute [LII], 2014). Collective labor laws focus on the rights of employees to unionize, collectively bargain, arbitrate, and strike, while individual labor law focuses on employment contracts between employers and employees (Caraway, 2009). Collective bargaining consists of negotiations between an employer and a group of employees, typically represented by a union, to determine the conditions of employment and results in a collective agreement. The main body of law governing collective bargaining is the National Labor Relations Act (NLRA), which was passed in 1935 (â€Å"Executive Concepts†, 2011). It explicitly grants employees the right to collectively bargain and join trade unions. The National Labor Relations Board (NLRB) is the entity that hears disputes between employers and employees that falls under the purview of the NLRA. The General Council, established by the NLRA, independently investigates and prosecutes cases against violators of the act before the NLRB (LII, 2014). Another aspect of labor law is the act of arbitration, a method of dispute resolution, which is commonly used as an alternative to litigation. A third party arbiter is designated and has binding decision authority for the dispute. While the Federal Arbitration Act (FAA) is not applicable to employment contracts, the Uniform Arbitration Act of 1956 was  adopted by 49 states making arbitration enforceable under state and federal law (LII, 2014). There were two key decisions rendered by the Supreme Court that impact labor law, specifically arbitration clauses and class action waivers in contracts (Brill et al, 2013). The Court held that the FAA directive to arbitrate and the arbitration clauses written into employment contracts take precedence over federal requirements to prosecute disputes through the courts. Additionally, this decision strengthens the ability to enforce class waivers written into contracts. While this appears detrimental to employers, the Court balanced this decision with language further defining the rules surrounding class waivers. The court ruled that a class dispute (one brought by more than one plaintiff) can be settled if the primary plaintiff reaches settlement (Brill et al, 2013). In essence, if an XYZ employee files a dispute that is then applied to a class of employees, but a settlement is reached with the initial plaintiff, then the class action is terminated. Effectively, the Supreme Court ruling strengthens the company’s position in regard to employment contracts and protects the company from overzealous claims. As such, arbitration agreements written into XYZ employment contracts should be carefully worded in order to take full advantage of the Court’s decision. Laws specific to the construction industry Several Department of Labor agencies administer programs that are specifically related to the construction industry. Specifically, the Occupational Safety and Health Agency (OSHA), the Wage and Hour Division, and the Office of Federal Contract Compliance all have specified areas of emphasis that regulate XYZ’s primary line of business. OSHA administers all the occupational safety and health standards for the industry. Given the risk to employees across XYZ’s work sites, OSHA regulations are critical to maintain and pose a significant element of cost to the company. While it is prudent to conduct cost-benefit analysis on enacting safety and health policies, sacrificing employee welfare for the bottom line is a dangerous endeavor and can result in unfair labor practices or criminal charges in the extreme. As XYZ competes and wins government construction contracts, there are several statutes that dictate certain conditions for doing business with the federal government that are administered by the USDOL Wage and Hour  Division and the Office of Federal Contract Compliance. The Davis-Bacon Act requires that companies pay the prevailing wages and benefits of the region. Wage rates and other labor standards for employees are set by the McNamara-O-Hara Service Contract Act. The Walsh-Healey Public Contracts Act requires materials and supply contractors to pay minimum wages and meet other labor standards. Executive Order 11246 requires equal employment opportunity by all construction contractor firms. Lastly, the Copeland Act’s anti-kickback section precludes any persuasion of an employee to sacrifice any part of their required compensation (USDOL, 2014). These dictated standards all affect the cost of projects and, if not accounted for in the bid and estimation process, will detrimentally impact the profit margins of the company as federal construction contracts are executed. Legal Considerations As XYZ begins the global expansion, it is important to realize that US labor laws are not binding in other countries in regard to foreign workers; the host country laws are in play (â€Å"Executive Concepts†, 2011, p.938). However, Congress expressly extended three US labor laws to expatriates working abroad for US firms. The Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Title VII all extend extraterritorially (Nie, 2012). While XYZ’s staff is well versed in US employment and labor law, foreign labor law is country dependent and it is prudent to conduct targeted research on the specific country’s legal environment considered for expansion. The International Labor Organization (ILO) has drafted 182 conventions and 190 recommendations in their effort to standardize labor practices globally. Enforcement of these efforts is a country responsibility, and as such, there are still large gaps in adoption and application of the various standards (â€Å"Executive Concepts†, 2011). While it is enticing to reduce expenses by sacrificing some of the more costly US labor law practices while abroad, this practice could damage the company’s sterling reputation negatively affecting all future business ventures. As countries in Asia make the transition to democratic states, the door has been opened for improvements in collective and individual labor law, resulting in the creation of unions and the strengthening of workers’ rights. However, unions in developing counties depend upon government  support and, as such, are politically focused keeping the gap between internationally acceptable collective labor practices and reality relatively large (Caraway, 2009). Across Asia, individual labor rights are in a better position. There is a direct correlation between the wealth of a country and the enforced rights of its workers (Caraway, 2009). The most notable impact of this situation is the prevailing wage in each country and the impact on XYZ’s financial position on projects. Using the field support offices at the forward locations to gather this information is crucial to accurate project estimation and contract bidding. As the company transitions from privately owned to publicly held, there are considerations to keep in mind. First, corporate governance will adjust to account for a larger base of stockholders. There is risk that the focus of the company will also shift to a more stockholder centric view, discounting the requirements of the stakeholders (the employees) (Ecchia et al, 2012). This has the potential to lead to the creation of unfair labor practices as priority shifts from maintaining collective agreements to maintaining larger profit margins for the stockholders. Second, shareholders with large equities could pressure the company to offload portions of the workforce or reduce the employee’s benefits in order to improve profitability (Ecchia et al, 2012). As the union leadership monitors corporate business practices, this could lead to a revolt in the workforce and create an environment ripe for a strike thereby shutting down operations until resolved. Any financial gains made by the reduction would be lost to stagnated operations, and as such should be managed carefully. Conclusion Conducting business in the 21st Century is comparable to traversing the proverbial minefield. Legal missteps can cause insurmountable fines and legal fees as a company struggles to maintain good business practices. Understanding employment and labor law is paramount to maintaining a strong and viable company through transformation and expansion that produces profits for its shareholders. References Banks, K. (2011). Trade, Labor and International Governance: An Inquiry into the Potential Effectiveness of the New International Labor Law. Berkeley Journal Of Employment & Labor Law, 32(1), 45-142. Business Source Complete, Accession Number: 67233021 Barnum, Darold T. (1971) From Private to Public Relations in Urban Transit. Industrial & Labor Relations Review. 25(1), 95-115. Business Source Complete, Accession Number: 4459252. Brill, Edward A., Fant, Laura M., and Baddish, Noa M. (2013) U.S. Supreme Court Wrap-Up: Hot Topics in Labor and Employment Law. Employee Relations Law Journal. 39(3), 3-8. Business Source Complete, Accession Numbe:r 91640070 Caraway, Tara L. (2009). Labor Rights in East Asia: Progress or Regress?. Journal of East Asian Studies, 9(2), 153-186. ProQuest Research Library, Accession Number: 43381256 Ecchia, Giulio, Gelter, Martin, and Pasotti, Piero. (2012) Corporate Governance, Corporate and Employment Law, and the Costs of Expropriation. Review of Law & Economics. 8(2), 457-486. DOI: 10.1515/1555-5879.1357 Katten, Betsy. (2013) U.S. Supreme Court to Address Labor and Employment Matters in 2013-2014 Term. Employee Relations Law Journal. 39(3), 48-51. Business Source Complete, Accession Number: 91640075 Legal Information Institute. Cornell University Law School. Retrieved from: http://www.law.cornell.edu/wex/employment Nie, Carrie. (2012). Extraterritorial Application of U.S. Employment Laws: Clearing the Murky Conflicting Foreign Laws Defense. International Lawyer, 46(4), 1027-1043, OmniFile, Accession Number: 90233860 Northcentral University (2011). SKS 7000-Executive Concepts in Business Strategy. Custom edition. Retrieved from: http://online.vitalsource.com/#/books/ United States Department of Labor. (2014) Retrieved from: http://www.dol.gov/opa/aboutdol/lawsprog.htm

Discrimination In Employment Essay

Two separate statutes specifically pertain to discrimination in employment. The first is the Equal Pay Act, which was passed in 1963 (effective date was June 10, 1964). The second is Title VII of the Civil Rights Act of 1964. While the Equal Pay Act deals solely with wages paid to women and men within the same company, Title VII focuses on discriminatory hiring/firing practices and advancement policies within companies (Crouch, 2001, p.37-38). Neither is specific to the issue of sex discrimination; however, they both encompass discrimination on the basis of race, religion, or national origin. Both of these statutes have been applied to interscholastic and intercollegiate athletics, primarily in suits brought by female coaches claiming sex discrimination.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Title VII was enacted as a comprehensive prohibition on private acts of employment discrimination. It forbids discriminatory employment practices based on the race, color, religion, sex, or national origin of the applicant. These categories may, however, be used to differentiate between applicants when sex, religion, or national origin is a bona fide occupational qualification (BFOQ). A BFOQ is very narrowly defined as an actual job requirement, not merely a customer or employer preference. For example, race is never considered a BFOQ (Crouch, 2001, 38-40).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Title VII also contains a â€Å"nonretaliation† provision which prohibits all employers defined in the act from discriminating against any employee or job applicant who has invoked his or her rights under Title VII or who has assisted with or participated in any proceeding brought by someone else (Gregory, 2003, p. 28).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the analysis of the courts, the alleged sex discrimination action need not only be based upon a consideration of an unalterable characteristic (like gender) possessed by the discriminatee but which is not possessed by the discriminator (Minchin, 2001, p. 50). Thus, not only are acts such as terminating female employees when they marry or refusing to accept employment applications from any female actionable, but also acts taken by a member of one sex against a member of the same sex can be actionable. A demand for sexual favors directed by one male to another as a condition of employment can be just as discriminatory as a similar demand directed by a male to a female.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Title VII is applicable to all employers of more than fifteen persons, and it specifically covers almost all state and local government employees as well as employees of most educational institutions. It is enforced by the EEOC, which has the authority to process and investigate any complaints. The EEOC may also bring suits in federal court if necessary. A charge brought by the EEOC is based on what the EEOC perceives to be a pattern or practice of unlawful discrimination which adversely affects an entire class of individuals. The EEOC may also conduct industrywide compliance reviews. If the discrimination found by the EEOC in state or local government cannot be corrected informally, the EEOC may refer the matter to the U.S. Attorney General. In all other cases, the EEOC may go to federal court to enforce the law (Gregory, 2003, p.28-29). Enforcement of Title VII is not limited to EEOC actions, however, because the legislation also has individual and class causes of action. This type of charge originates from an individual or group of individuals who allege that they were adversely affected by some act of unlawful discrimination (Gregory, 2003, p. 29).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Organizations can bring discrimination claims on behalf of their members if the alleged discriminatory action injured its members, if the claim can proceed without the participation of those injured members, and if the claim is relevant to the organization’s purposes. The requirements for filing a charge include the following: The person filing the charge must be or represent an aggrieved person (must have a personal stake in the outcome of the controversy and must have suffered a personal injury), except in cases in which the charge is filed by the EEOC itself. The charge must be directed against an â€Å"employer† as defined by Title VII. The charge must be filed within the specified time limits. The form of the charge must comply with certain procedural requirements (Saguy, 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Once these requirements are met, the EEOC will proceed with the charge. The remedies of both injunctive and affirmative relief are available to the winning party in an employment discrimination suit. The prevailing party may be awarded back pay and attorney’s fees as well as an injunction prohibiting the employer’s unlawful action. In addition, the court may order the employer to cease its discriminatory practices, to reinstate employees, and to implement an appropriate affirmative action plan to eliminate existing discrimination and prevent its recurrence. These remedies are guided by the two goals of the act: (1) to achieve equality of employment opportunity by removing barriers based on race, color, religion, sex, or national origin, and (2) to make the victim of unlawful discrimination whole–to put the victim in the position he or she would have been in had the discrimination not occurred.Both of these approaches have limitations. Even taken together, they are not sufficient to enforce a prohibition against sex discrimination(Saguy, 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Although the Equal Pay Act applies to all employers, Title VII has been limited to employers of more than fifteen people. Thus, many smaller businesses are not subject to the mandates of Title VII. The Equal Pay Act is limited in other ways. For example, it is directed only to discrepancies in pay levels once on a job. It does not address the problem of discriminatory hiring or advancement policies. The basic weakness of these acts is that neither is all-encompassing. They fail to address the overall problems of sex discrimination that exist outside of the workplace (Saguy, 2003). Thus, very few of the problems of discrimination encountered in athletics are addressed by either act. This legislation provides potential relief only in athletic employment.Another major problem in pursuing litigation under these statutes is the cost.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Neither statute provides any guaranteed basis for the eventual recovery of attorney’s fees and/or double or triple damages. Thus, litigation is not an option for many of those who might wish to file claims. Cases are seldom pursued, and the effectiveness of the legislation diminishes as the chance that an employer will be punished lessens. One last problem is that courts have been reluctant to interpret the statutes broadly. This reluctance stems from the fact that hiring and salary decisions are well within the area of management prerogatives allotted to employers. The court is reluctant to interfere in any discretionary decision unless there has been a clear abuse of that discretion. Thus, it is very difficult to establish a case based on a complaint regarding practices in either of these areas. Usually, the evidence is open to a variety of interpretations. Such circumstances can make it difficult or even impossible for a plaintiff to prevail in a sex discrimination case under application of the aforementioned statutes. References Crouch, Margaret A. (2001).   Thinking about Sexual Harassment: A Guide for the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Perplexed. Oxford University Press. Gregory, Raymond F. (2003). Women and Workplace Discrimination: Overcoming   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Barriers to Gender Equality. Rutgers University Press. Minchin, Timothy J. (2001). The Color of Work: The Struggle for Civil Rights in the   Ã‚  Ã‚   Southern Paper Industry, 1945-1980. University of North Carolina Press. Saguy, Abigail C. (2003). What Is Sexual Harassment? From Capitol Hill to the Sorbonne.University of California Press