Sunday, January 26, 2020

Sole proprietorship

Sole proprietorship Sole Proprietorship: A sole proprietorship is a business owned by a single person. Advantages of the Sole Proprietorship: A. Simplicity B. Autonomy C. Sole Gain D. Single Tax E. Shelter Income Disadvantages of the Sole Proprietorship: A. Limited resources B. Unlimited and Unshared Liability Key Characteristics: A. Liability-Liability is totally the sole proprietors. Meaning that there is no difference between the sole proprietor business and personal assets they are one and if the business fails or the sole proprietor is sued the creditors and litigants can come after both as if they are one. B. Income Taxes-The sole proprietor and the business are taxed as one. C. Longevity or Continuity of the Organization-If the sole proprietor dies the business goes with him. D. Control-The sole proprietor controls everything in the business. He and/or she can do it all their own of hire someone else to do it. E. Profit Retention-The sole proprietor keeps all of the profits F. Convenience of Burden-There are only a few instances when you have to have a register with the state or federal government. When you run a business under a different name then your own or you supply certain things that require licensure. General Partnership: By definition, is when two or more people come together to run a business. Advantages: A. Partners keep all the profit. B. The partnership is free from Federal income tax. C. Partnerships profits or losses pass directly to the partners as personal income for federal tax purposes. D. Partnerships permit pooling of capital, talent and a sharing of risk. Disadvantages: A. The death of a partner may automatically end the partnership-with serious consequences to all concerned. B. Unlimited personal liability of all the partners. Key Characteristics: A. Liability-The partnership has unlimited personal liability. B. Income Taxes-There is no Federal tax for the partnership, but they can claim their profits and their losses on their personal taxes. C. Longevity -The longevity of the business is based on the contract they had drawn up before the business was started in case of buyout and/or Death. D. Control-The control of the business is based on what the partners agree on. E. Profit Retention-All the profits go to the partners. F. Convenience or Burden-The partnership should have a contract drawn up that describes exactly what each partner has contributited to the business, what share of the profits each partner will receive, duration of the partnership and the breaking up and closing of the business in case circumstances arise. If this is done then a partnership would be a good venture. Limited Partnerships: By definition, the limited partnership is at least one limited partner and at least one general partner. Advantages: A. The limited partner can make a profit without much effort. B. If the company fails, the limited partner only losses the amount they had invested. Disadvantages: A. The limited partner has a very limited control in the running of the business. B. It is very hard for the limited partner to get there investment out of a limited partnership. Key Characteristics: A. Liability-The majority of the liability is taken on by the general partners not the limited partners. B. Income Taxes-If the partnership has two or more of the following things then it will be taxed as a corporation; Freely transferable ownership papers Continuing of life Participation of limited partners in management of the business Very limited liability of the limited partner in the debt of the business if it goes bankrupt (All Business, 2010) (All Business, 2010) C. Longevity-The longevity of the limited partnership is based solely on the contracts drawn up. D. Profit retention-The limited partner gets a percentage of the profits. E. Convenience or Burden-The limited partnership is best for the limited partner if they want to use it as an investment tool. C Corporation: By definition, the C corporation means closely held corporation. They are small none traded corporations, usually but not always limited to no more than 30 shareholders. Advantages: A. The closely held corporation is its own legal entity, as long as all the rules and bylaws are followed at the local, state, and/or federal level then there is limited liability. B. Closely held corporations can have benefit health plans, which will be better retirement and health insurance plans then those of non-corporation businesses. C. The health insurance is fully deductible and up to a certain amount of group term life insurance benefits per employee. D. Should a shareholder die or wish to cash out his or her shares, the corporation will still continue. E. It is a lot easier to get investment capital in a corporation then it is in other businesses. F. Employees can be offered stock option plans. Disadvantages: A. Double taxed. Which means after the corporation pays its taxes on the income the corporation makes, the shareholder will be taxed again on the profits they receive from their profits on their shares. B. You must follow the local, state and/or federal laws when it comes to incorporating to the letter. If they are not followed then the shareholders may be held liable for any situation that comes along. C. It costs more to have a corporation than any non-corporation business. D. It takes more time and effort to maintain a corporation then a non-corporation. Key Characteristics: A. Liability -As long as all the local, state and/or federal laws are followed then there is very limited liability. B. Income Taxes-A C-corporation is what is called double taxed. Meaning once the corporation pays the business tax then any profits the shareholders make are then taxed again. C. Longevity -The only way a C-corporation can be dissolved is if it is voted on and agreed to by the shareholders and very careful set of rules are followed. It doesnt matter if a shareholder dies or cashs in their shares the corporation continues. D. Control-A c corporation usually has a president, vice president and secretary-treasurer. Anyone or all of those people control the corporation. E. Profit retention-The closely held corporations profit depends on what percentage of stock each shareholder holds. F. Convenience or Burden-In order to form a c-corporation there has to be different local, state and/or federal law that must be followed and certain things that must be done to incorporate the business. S Corporation: By definition, the S Corporation means Subchapter S Corporation, it comes from the tax code from which it is taxed. An s-corporation is limited to no more than one hundred shareholders. Advantages: A. Since the corporate losses are passed thru to the shareholders, they are able to take is as a loss on their taxes. B. You will have limited personal liability without having to pay high corporate taxes. C. It is a lot easier to get investment capital in a corporation then it is in other businesses. Disadvantages: A. There are a lot of rules to follow and the amount of shareholders is limited. B. It will be costly to set up and follow the rigid set of corporate rules and laws. C. There will be close scrutiny by the I.R.S. D. All shareholders must be U.S. citizens. E. All shareholders must vote for the S corp. F. The corporation cant deduct the benefits like health and or accident insurance. Key Characteristics: A. Liability-the shareholder is only liable for the debts the corporation has up to how much they have invested. Exceptions Include: 1. If the shareholder guarantees a business loan. 2. If it is ruled by the courts that the business is a scam. B. Income Tax-S corporations are corporations that elect to pass corporate income, losses, deductions and credit through to their shareholders for federal tax purposes. Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income. S corporations are responsible for tax on certain built-in gains and passive income. C. Longevity-The S corporation is a perpetual entity and is not affected by the death of a shareholder. D. Control-The shareholders, the board of directors and the officers of the corporation all control the corporation. E. Profit Retention-In an S corporation all Officers, the Board of Directors and shareholder-employees must be paid a reasonable salary from the corporate earnings. F. Convenience or burden-Many rules and regulations must by follow the corporation, including the number of shareholders. Also, it can be costly to set and follow corporate formalities. LLC By definition, an LLC means Limited Liability Company. It is a business that brings a partnership and a corporation together. Advantages: A. LLCs offer pass-through tax statues similar to that of a partnership. B. Corporations are required to hold meetings and record minutes on those meetings each year; LLCs are not. The amount of paperwork needed to purchase assets, open bank accounts or make changes within the company is also significantly reduced in an LLC. C. LLCs provide owners with a degree of liability protection, such as also provided by a C corporation. Owners of both C Corporations and LLCs are typically not responsible for the debts and liabilities of the business. Disadvantages: A. Many investors will not invest in LLCs, because its a business structure that is not understood. B. LLCs dont have employee stock option plans. C. You cant switch from an LLC to a C or S corporation like you can switch from a C to S corporation. D. Some states dont allow single-member LLCs. Key Characteristics: A. Liability-LLCs are not personally responsible for debts of the business. B. Income tax-LLCs are taxed at the personal level. C. Longevity or continuity of the organization-Operating agreement can require a number to obtain interest beyond transferring interest. D. Control-persons and other legal entities composed of persons (such as trusts and other corporations can have the right to vote or receive dividends once declared by the board of directors. In case of for-profit corporations, these voters hold shares or stock and are thus called shareholders or stockholders. When no stockholders exist, a corporation has members who have the right to vote on its operations. Voting members are not the only members of a â€Å"corporation†. The members of a non-stock corporation are identified in the Articles of incorporation and the titles of the member classes may include â€Å"Trustee,† †Active,† †Associate,† and /or â€Å"Honorary.† However, each of these listed in the Articles of Incorporation are members or the corporation. E. Profit retention-Members share in the profit are proportion to how they invested in the business. F. Convenience or burden-LLCs dont allow single member companies, LLCs arent conducive to employee stock option plans and Investors will not invest in LLCs. (Haus, 2011) (All Business, 2010) (All Business, 2010) (All Business, 2010) (All Business, 2010)

Thursday, January 9, 2020

Integration of University of Mississippi Essay - 1468 Words

Integration of Ole Miss A strong and independent minded man named James H. Meredith applied for acceptance into the University of Mississippi. Meredith anticipated on encountering some type of difficulty with his attempt to enter the University of Mississippi, also known as the Ole Miss, but difficulty would not describe his journey. The day after John F. Kennedy was inaugurated in early January of 1961, Meredith requested for application into the Ole Miss. On January 26, the registrar of Ole Miss, Robert B. Ellis, sent him an application along with a letter indicating that the university was very pleased to know of [Merediths] interest in becoming a member of our student body (JFK Library). Meredith applied on January 31,†¦show more content†¦So on May 31, 1961, Meredith and Thurgood Marshall of the NAACP took the case to court. Over a year later of trial after trial, on September 10, 1962, the Supreme Court orders Ole Miss to accept James Meredith. Many Mississippians did not agree with the court . One of which included the governor of Mississippi, Ross R. Barnett. On September 25, 1962, Meredith tries to enter Ole Miss, but is blocked by Barnett claiming that [no school will be integrated in Mississippi while I am your Governor (Barnett Defies 2). Barnett held his ground and wanted Mississippi to remain as it was and would not stand for integration. A comic strip depicted Barnett laying down a brick wall around a Mississippi sign while trying to keep the sign of the U.S. out and separated (Integration). It influenced many into believing that Mississippi indeed seemed to be delayed and lagging behind the U.S. when it came to allowing integration, which the cartoon tries to prove. Barnett was scantly supported by other southern governors, but even so, Barnett asked if his citizens, especially officers, would go to jail to fight for his righteous cause. If any officers would not fight and allow integration, they should resign from there position and someone who could stand fir m would take theirShow MoreRelatedEssay about The Battle of Ole Miss1600 Words   |  7 Pagesgain admission to the Univeristy of Mississippi, ‘Ole Miss’, and desegregate education in the state most resistant to integration of educational institutions, has become a crucial episode in civil rights history. Ole Miss transformed Mississippi politics and contributed to a cultural shift in the region, as well as invigorated local civil rights activists and those in neighboring states 1. The historic showdown between James Meredith and the University of Mississippi gives perspective on the place ofRead MoreAnalysis Of The Book Crooked Letter By Tom Franklin1460 Words   |  6 PagesKolokotsas Instructor Ginny Deal CLE 2 04/21/2017 Ole Miss University The University of Mississippi, known colloquially as Ole Miss, is the largest university in Mississippi and one of the largest in South. Ole Miss represents an opportunity for many poor Mississippi students. It has also been a university renowned for its famous authors. The author of the novel, Crooked Letter, Crooked Letter, Tom Franklin, teaches writingRead More The Little Rock Nine Essay1548 Words   |  7 Pagesbut he was running for reelection and wanted to get the vote of the extreme segregationists. 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Although many lost their lives in this struggle, their valiancy did not go unrewarded and soon enough African Americans were able to vote, work, study, and simply eat lunch beside white individuals. Despite the great efforts putRead MoreThe University Of Mississippi State University Essay1000 Words   |  4 PagesMississippi State University Mississippi State University was founded in the 1870’s as a land-grant college. Today, the university is comprised of eight different colleges that offer over 160 degrees. These include many master and doctoral degree programs. Some of the most popular programs include nursing, business, counseling and psychology. Over 70 percent of students are Mississippi residents. Every year, over 20,000 students attend the university. The six-year graduation rate is around 60 percentRead More James Meredith and the University of Mississippi’s Integration2749 Words   |  11 Pages James Meredith and the University of Mississippi’s Integration When a person presently looks at university school systems, one never imagines the struggle to obtain such diverse campuses. With Caucasians, Asians, Latinos, and African Americans all willing and able to attend any institution, it is difficult now to envision a world where, because of one’s skin color, a person is denied university acceptance. In actuality, this world existed only fifty years ago. In a time of extreme racial discriminationRead MoreThe Civil Rights Movement Essay1259 Words   |  6 PagesThe doctrine was prolonged to state-supported colleges and universities in 1956. The school was the center of desegregation; by the end of 1957 nine of the 17 states and the District of Columbia had begun integration of their school systems. Forced integration led to much violence. The most notable instance challenged in 1957 of federal orders by Governor Orval Faubus of Arkansas, ordered the Arkansas National Guard to prevent integration in Little Rock. President Eisenhow er responded by sending federalRead MoreRacism in College Football3444 Words   |  14 PagesIntegration in Ole Miss Football Today, African American athletes play a strong and predominant role in the football program at the university however, this was not always the case. Less than fifty years ago, the Ole Miss football program was just as segregated as it had been in its early days. As a whole, the Southeastern Conference of the NCAA was the last to instrgarate black athletes with the current white ones (Paul 297, 284). Of the ten teams in the conference at the time, the University

Wednesday, January 1, 2020

Dantes Inferno The General Strategy And Structure

Despite the fact that the reason for the disciplines in Dante s Inferno might be misty, their general strategy and structure appears to be direct. There are numerous concentric rings, each with a transgression or set of sins connected with them, and a discipline for every wrongdoing. At the point when miscreants kick the bucket they are relegated to the spot which is assigned to properly rebuff the specific sorts of wrongdoing that they submitted amid their lifetime. As Dante slides to lower circles, we see that the disciplines deteriorate and more terrible, so that more extreme disciplines are made to compare to all the more ethically disgusting sins. In all cases, it is the transgressions of a man that place that individual at every level of Hellfire. Every specific discipline is then mirrored the way of the transgression which it rebuffs, being like it in structure. For example, the overlaid heavy layers of the Posers relates to the way of the wrongdoing itself, for the transgression is to seem great on the outside keeping in mind the end goal to disguise the insufferable internal reality (XXII). The same sort of correspondence between the activity and the wrongdoing can be found in alternate circles also. This could be seen as being wonderful equity, or, in a more complex perspective, demonstrating that the discipline of the miscreant is to be related to their wrongdoing, as unforgiven sin will dependably over the long haul be a torment to the heathen. Be that as itShow MoreRelated Francescas Style in Canto V of Dantes Inferno Essay5060 Words   |  21 PagesFrancescas Style in Canto V of Dantes Inferno Canto V of Dantes Inferno begins and ends with confession. The frightening image of Minos who  «confesses » the damned sinners and then hurls them down to their eternal punishment contrasts with the almost familial image of Francesca and Dante, who confess to one another. In a real sense confession seems to be defective or inadequate in Hell. The huddled masses who declare their sins to Minos do so because they are compelled to declareRead More Myth and Violence in The Waste Land Essay2655 Words   |  11 Pagesmythic poet, as it is an intellectual strategy, a device for gaining perspective on himself and on his myth-forsaken time (Ellmann, 621). He draws from the ideas existing in the collective unconsciousness (which compose myth) and the differences in his representations present his own ideas about the human condition.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The fact that mythic structures are repeated cross-culturally evidences them as the outcome of primitive, common thought. These structures include concepts of life and death

Tuesday, December 24, 2019

Statistics as Science of Counting Essay Example

Essays on Statistics as Science of Counting Essay The paper "Statistics as Science of Counting" is an outstanding example of an essay on statistics. The great English statistician and economist defined statistics as â€Å"science of counting Statistics play an important role in our daily routine life.Statistics are greatly applicable to the politics and the elections, statistics help in almost all the disciplines of politics, funds distribution amongst constituencies, elections outcomes both the local, and nationwide, politicians performance and achievements in a particular span of time, this is judged through their achievements that can be summarized by the facts and figures collected through statistical studies. Popularity curves are the most important gift of statistics and that helps in a massive amount judging their own performance. This is obtained through conducting opinion polls. Based on the curves and quarterly reports in time changes and measures can be taken, Since a large number of funds are associated with the politic al processes and the campaigning and party maintenance, the funds so distributed can be done through statistical facts and figures, finally analysis of quantitative data, Different policies are made based on statistics. In short, statistics play the role of a backbone in politics and all decisions, administrative, and functional can be taken in the right scope with the help of statistics.The nonprofit organizations require statistics in every step of their routine activities. In broader perceptive statistics help determining the total expenses incurred which includes the monthly and annual payments, wages to the employees, statistics help determining the areas to invest in by calculating the feasibility of any endeavor, On Administrative front statistics play a pivotal role in nonprofit organizations, since any organization needs an infrastructure to operate, users performance can be gauged through statistical measures. Annual reports and data in terms of the progress made in a cert ain period of time help to estimate and analyze the contribution of donors in a particular area of interest. An important contribution of statistics is the identification of sectors that can pay dividends in terms of company growth, public welfare, and overall successful operations. Fund-raising is important phenomenon in the context of nonprofit organizations, through statistics the areas can be identified that are fruitful for the cause; Balance in payment distribution is possible through statistics.

Monday, December 16, 2019

Americans with Disability Act of 1990 Free Essays

The American population of disabled workers previously had no protection of their employment or mandates pressed upon their employer to provide necessary work accommodations, to protect their livelihood, until the passage of the Americans with Disabilities Act of 1990 (ADA). The Americans with Disabilities Act is a civil rights law that prohibits employers to discriminate based on an employee’s disability. This paper will demonstrate the components of the Americans with Disabilities Act of 1990, as well as provide relevant United States Supreme Court cases set out between employee and employer where the law was challenged or upheld. We will write a custom essay sample on Americans with Disability Act of 1990 or any similar topic only for you Order Now The Americans with Disabilities Act of 1990 is an Act set out to â€Å"establish a clear and comprehensive prohibition of discrimination on the basis of disability† (Americans with disabilities, 1990). The Act was introduced to the Senate by Senator Tom Harkins on May 9, 1989. The Act was passed by the Senate on September 7, 1989 by a vote of 76-8 and passed by a unanimous voice vote before the House of Representatives on May 22, 1990. The Act was enacted by the 101st United States Congress and signed into law by President George W. Bush on July 26, 1990 (Americans with disabilities, 1990). ADA Issue: Definition of Disability Under the American with Disabilities Act the term â€Å"disability† refers to a â€Å"physical or mental impairment that substantially limits a major life activity† (Americans with disabilities, 1990). The case between Toyota Motor Manufacturing, Kentucky, Inc. v. Williams was presented to the United States Supreme Court on November 7, 2001. The case primarily questioned how you determine whether an individual is substantially limited in the major life activity of performing manual tasks. Under the American’s with Disabilities Act of 1990, 104 Stat. 328, 42 U. S. C. 12101 et seq. (1994 ed. And Supp. V), a physical impairment that â€Å"substantially limits one or more†¦major life activities† is a â€Å"disability. † 42 U. S. C. 12102 (2) (A) (1994 ed. ). Respondent, Ella Williams, claimed to be disabled due to carpal tunnel syndrome and sued, petitioner, her former employer, Toyota Motor Manufacturing, Kentucky, Inc. , for failing to provide accommodations as required under the American with Disabilities Act. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, (00-1089) 534 U. S. 184 (2002). ] Ella Williams began employment at Toyota Motor Manufacturing in Georgetown, Kentucky, in August of 1990. She was placed on the engine fabrication assembly line, where her duties included work with pneumatic tools. Utilizing these tools over time caused pain in respondent’s hands, wrists and arms. She was treated by her physician and found to have carpal tunnel syndrome and bilateral tendonitis. Her physician released her to return to work with restrictions that included no lifting more than 20 pounds, she could not lift or carry objects weighing more than 10 pounds, must not engage in constant repetitive motion of the wrists and elbows and no overhead work or performing tasks utilizing vibratory or pneumatic tools. Toyota Motor Manufacturing responded to Williams’ restrictions, for the next two years, by modifying her job responsibilities within the medical restriction guidelines. Despite this revision, Williams missed work for medical leave and she filed a claim under the Kentucky Worker’s Compensation Act. Ky. Rev. Stat. Ann 342. 0011 et seq (1997 and Supp. 2000). The parties settled this claim and Williams returned to work. Williams was still not satisfied with petitioner’s efforts to accommodate her work restrictions and she filed suit against Toyota in the United States District Court for the Eastern District of Kentucky alleging that petitioner ha d violated the ADA by refusing to accommodate her disability. The suit was settled, and as part of the settlement, respondent was able to return to work in December of 1993. Upon Williams return, Toyota accommodated respondent by placing her in the Quality Control Inspection Operations Department. The team’s tasks included (1) â€Å"assembly paint†, (2) â€Å"Paint second inspection†; (3) â€Å"shell body audit†; and (4) â€Å"ED surface repair†. Williams was placed on a team that performed only two of these tasks and rotated between the two roles. In assembly paint, Williams would visually inspect painted cars moving slowly down the conveyor and then rotated every other week to the second piece of her role, which was to examine the cars by lifting the hoods and opening the doors. She was able to perform these duties as described. There was a change in workflows in the Department of Quality Control where all employees must rotate between the four tasks of the quality operations. Williams attempted to perform all four duties as required, but began having increased pain, sought medical treatment was diagnosed with myotendonitis bilateral periscapular, inflammation of the muscles and tendons of the shoulder blades and forearms and thoracic outlet syndrome. Williams requested to return to only performing the two components of her position. The parties disagree on what happens next, Williams’ states that Toyota refused her request. Toyota states that the employee began missing work excessively and they were forced to terminate her position for poor attendance. Williams again sued under the Americans with Disability Act of 1990. During the court proceedings and on deposition Williams stated that she was â€Å"disabled† as she was no longer able to perform activities of daily living that included (1) manual tasks; (2) housework; (3) gardening; (4) playing with her children; (5) lifting; and (6) working, all of which, she argued, constituted major life activities under the Act. [Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, (00-1089) 534 U. S. 184 (2002). Under the ADA the claimant must show that the limitation on the major life activity is substantial 42 U. S. C. 12102 (2)(A). â€Å"Substantially limits† was defined as unable to perform a major life activity that the average person in the general population can perform†. In determining whether an individual is substantially limited i n a major life activity, the regulations instruct that the following factors should be considered: â€Å"the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact, or the expected permanent or long-term impact of or resulting from impairment. 1630. 2(j)(2)(i)-(iii) (Americans with disabilities, 1990). The court concluded on January 8, 2002 that the respondent’s impairments substantially limited her in the â€Å"major life activities† of performing manual tasks and was found to be â€Å"disabled† as defined under the Americans with Disabilities Act, and therefore granted judgment to respondent on the basis that Toyota violated the Act by not accommodating her request as a disabled individual. [Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, (00-1089) 534 U. S. 184 (2002). ADA Issue: Definition of Disability and Direct Threat The Americans with Disabilities Act of 1990, under Title II, prohibits disability discrimination by all public entities. Public entities must comply with the ADA regulations by the U. S. Department of Justice and includes granting access to all programs and services without disability discrimination. Under the ADA regulations there is also a â€Å"direct threat† provision which protects facilities where an individual may pose a direct threat to the health or safety of others (Americans with disabilities, 1990). The U. S. Supreme Court Case No. 97-156, Randon Bragdon, Petitioner v. Sidney Abbott, Respondent, poses the question whether asymptomatic HIV infection is a disability under the ADA, and when determining whether an individual with HIV poses a direct threat to a health care provider, should the courts defer to the providers professional judgment [Bragdon v. Abbott (97-156) 107 F. 3d 934, (1998). ] Abbott is infected with HIV, but it had not manifested into the serious stages at the time of the incident. Abbott presented to her dental office and disclosed her HIV infection. Rangdon Bragdon, her dentist, refused to treat her in his office setting and sited his policy on filling cavities on HIV patients. He was willing to treat her in the hospital for no extra charge, but she would be responsible for the hospital bill. She declined and filed suit under the American with Disabilities Act of 1990 (ADA), which prohibits discrimination against any individual†¦ â€Å"on the basis of disability in the †¦enjoyment of the†¦services†¦of any place of public accommodation by any person who†¦operates [such] a place,† 42 U. S. C. 2182 (a), but qualifies the prohibition by providing: â€Å"Nothing [herein] shall require an entity to permit an individual to participate in or benefit from the†¦ accommodations of such entity where such individual poses a direct threat to the health or safety of others,† 12182(b)(3) (Americans with Disabilities, 1990). The court ruled in favor of the respondent, Sidney Abbott, on June 25, 1998. E ven though the respondent’s HIV had not progressed to the point of being symptomatic, HIV is a â€Å"disability† under 12102 (2)(A), that is, â€Å"a physical†¦impairment that substantially limits one or more of the major life activities. The life activity upon which respondent relies, her ability to reproduce and to bear children, constitutes a â€Å"major life activity† under the ADA. In affirming the summary judgment, the court did not cite sufficient material in the record to determine, as a matter of law, that respondent’s HIV infection posed no direct threat to the health and safety of others. The ADA’s direct threat provision, 12182 (b)(3), stems from School Bd. Of Nassau Cty v. Arline, 480 U. S. 273, 287. [Bragdon v. Abbott (97-156) 107 F. 3d 934, (1998). ADA Issue: Reasonable Accommodation and Undue Hardship Title I of the Americans with Disabilities Act of 1990 requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. An accommodation is typically any change in the work environment that allows an individual with a disability to enjoy equal employment opportunities (American with disabilities, 1990). The U. S. Supreme Court case U. S. Airways, Inc. v. Robert Barnett poses the question under â€Å"Reasonable Accommodation†, when an employee with a disability seeks reassignment as an accommodation under the ADA, does the employees right to reasonable accommodation trump another employee’s seniority rights when the employer has a seniority system. Robert Barnett, respondent, obtained a back injury when he was a cargo handler for petitioner, US Airways, Inc. Following the injury, he transferred to the mailroom, which was less physically demanding. The mailroom position later became open to a senior-based employee bidding under US Airways seniority system. US Airways gave the position to the most senior employee, refused Robert Barnett’s request to accommodate his disability, and Barnett lost his job. Robert Barnett sued US Airways, Inc. under the Americans with Disabilities Act of 1990, which prohibits an employer from discriminating against an employee with a â€Å"disability† who with â€Å"reasonable accommodations can perform the essential job functions, 42 U. S. C. 2112(a) and (b), unless the employer â€Å"can demonstrate that the accommodation would impose an undue hardship on the operation of [its] business†, 1211(b)(5)(A) (Americans with disability, 1990). US Airways presented that their seniority system had been in place for decades and governs over 14,000 US Airways agents and the policy would trump all other requests. They had been consistent with the usage of the seniority system and allowing any other rationale to alter the policy would cause undue hardship to both the company and the non-disabled employees. The court ruled on April 29, 2002 in favor of US Airways and stated that undermining seniority systems would cause a undue hardship on employers [US Airways v. Barnett, 535 US 394 (2002)]. ADA Issue: Scope of Title III Under Title III of the Americans with Disabilities Act of 1990 requires an entity operating â€Å"public accommodations† to make â€Å"reasonable modifications† in its policies to accommodate when necessary disabled individuals, unless the entity can demonstrate that making such modifications would alter the nature of their operations, 12182(b)(2)(A)(ii), (Americans with disabilities, 1990). The case, PGA Tour, Inc v. Casey Martin tests the American with Disabilities Act of 1990 and questions whether Title III of the ADA protects access to professional golf tournaments by qualified entrant with a disability; and whether a contestant with a disability may be denied the use of a golf cart because it would fundamentally alter the nature of the tournament to allow him to ride when all other contestants must walk. Casey Martin, respondent, suffers from a degenerative circulatory disorder that prevents him from walking long distances on the golf course. When Martin became a professional golfer he posed a request, which was supported by medical documentation, that while in tournaments he be accommodated by utilizing a golf cart. Petitioner, PGA Tour, Inc. refused and respondent filed suit under Title III of the ADA. The Supreme Court ruled in favor of Martin in a 7-2 decision on May 29, 2001. The Supreme Court found that the PGA Tour should be viewed as a commercial enterprise operating in the entertainment industry and not as a private club. In addition, Martin should be provided a golf cart to utilize as a means of reasonable accommodations [PGA Tour, Inc. v. Martin, 984 F. Supp. 1320 (2001). ] The Americans with Disability Act of 1990 has brought valuable protection and necessary accommodations to employees and applicants that otherwise may have been faced with discrimination, which was the principal goal of the legislation. The act has been instrumental in providing access to public programs and services that may have not been available to disabled Americans previous to the inception of the ADA. The ADA makes it possible for everyone to be treated as equals and prevents unethical discriminatory behaviors from being placed upon those individuals that suffer from disabilities. How to cite Americans with Disability Act of 1990, Papers

Sunday, December 8, 2019

Jess Martin Essay Example For Students

Jess Martin Essay the Theme of The Outsiders (English)Human NatureThe Outsiders, an enthralling tale by S.E. Hinton, is an excellent story about the hardships and triumphs experienced by the Greasers and the Socs, two rival gangs. This novel suggests the stories? content because the Greasers are a gang of social outcasts and misfits. This novel?s theme is very specific; people, no matter what their social background, strive for the same goals and experience the same disappointments. This novel shows this theme throughout a detailed story line. The fictional novel is set in a moderate-size city, possibly near Texas, in the late 1960?s. Ponyboy, the main character, lives with his brothers as a greaser. One day Ponyboy and Johnny, Ponyboy?s best friend, get jumped by a group of Socs. The Socs start to drown Ponyboy in a fountain. Johnny, realizing they might kill Ponyboy, kills Bob, one of the Socs with his switchblade. Johnny and Ponyboy run to a fellow Greaser, Dally, who is always in trouble with the law. Dally helps them by giving them some money, a gun, and a place to hide. They hide in a church outside of town for a week until Dally says it?s okay to come out. They go out to eat and when they get back to the church they find it burning.When they see that there are kids inside and the fire could have been started by their cigarettes, they run inside to save the kids. Johnny and Dally are hurt in the fire and taken to the hospital. They are hailed as heroes in the local paper. Dally breaks out of the hospital to fight in a rumble against the Socs. While the Greasers beat the Socs, Johnny dies in the hospital. When Dally finds out he goes out and robs a grocery store. When the cops pull up he pulls out an empty gun so the cops shoot him. The theme of this novel is that all people are set back at times and they all want the same basic things. This theme is expressed in the novel several times. Disappointments are shown when Bob dies and the Socs grieve for him, when Ponyboy?s parents die and they are upset, and when Johnny dies and it disturbs the Greasers. It is shown that the Greasers and Socs strive for the same goals when Darry, Ponyboy?s older brother, tells him that he should succeed in school and make something of himself, and Bob is always trying to make his father happy with him. These examples show that all people, Soc, Greaser, or whatever, all strive to achieve the same goals and encounter the same disappointments. The theme that all people experience the same disappointments and strive for the same goals is also depicted in modern times. All people want to have a good job, make a lot of money, and live a good life. Everyone also encounters hardships throughout their life. Their car can break down, their loved ones can die, and they can run out of money. As you can see, this theme is important not only in The Outsiders, but in everyday life as well.

Saturday, November 30, 2019

Teaching as a Profession free essay sample

Running Head: Teaching as a Profession Teaching as a Profession Bennetta Trotter Grand Canyon University Edu 215 August 15, 2010 Teaching as a Profession I believe that teaching is one of the most demanding careers one might choose from. Teaching is a one of a kind profession; this career choice can be frustrating, exciting, and also very fulfilling, for those who are really dedicated to choose teaching as their long life career. Deciding to become a teacher means a lot of time and dedication, because it involves becoming one with teaching and learning. It identifies the differences in the lives of children, by helping each individual learn how to read, how to write, and how to do mathematics to include: adding, subtraction, multiplication, and division. Teaching also includes other advantages such as teaching and learning a child how to discover different elements throughout their lives, things such as plant growth, environment changes, history etc, learning’s that will give them the tools to want to learn, and continue to learn throughout their entire lives. We will write a custom essay sample on Teaching as a Profession or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For one to become a teacher, one has to really understand what a â€Å"Teacher† really does, and what a â€Å"Teacher† really is. A teacher is defined as someone who is very open minded, and has the willingness to instruct others or an â€Å"Intellectual† leader a person that will create opportunities and help a student or students acquire their skills and knowledge. Teaching as a profession would go into a variety of things and become certain roles, and have certain characteristics such as becoming a skilled listener, motivator, and a disciplinarian. One must posses a positive attitude, preparedness, a sense of humor, be creative, have the willingness to admit to their mistakes, display fairness, and maintain high expectations for their students. In my honest and fair opinion, teaching as a profession to me means, that one would have to become a better person, a better listener, and learn to use their already known skills and knowledge to fullest of their abilities, also it would mean that they would have to be ready for any and all types of cultural differences and attitudes. One would have to be ready to utilize a vast majority of their time and apply themselves to their chosen profession. The last but not least of what I think it means to be a professional teacher, I would also have to say that it would mean changes in the way that one might speak, and how they would dot their I’s, it would mean not to take short cuts on anything that they do, it also means, that they would continue to educate themselves, and learn new and different advantages that are offered through education. After reading a lot of information about teaching as a profession, I have come to understand and comprehend what is required and what it takes to become a professional teacher and the criteria that must be needed and used. Although I am not a professional teacher yet, my understandings are set but not foundationally set as they should be. I say this because when I read the Professional Teacher Standards, I read how it really is important to be focused, and to be very communicative with the community, students, teachers and parents. I have a little trouble staying focused at times, and I only communicate with people that I know, but I would have to say, that I am very tactful and respectful when I do have to communicate with others that I am not familiar with. I remember when I did my Practicum 1 at the Tri-County Head Start Program; I did access all the required professionalism that I needed while I was in the classroom. So I am not too lost to the fact of what is needed to become a professional teacher. The Standard Code of Professional Teaching, and the Professional of Ethics, has brought me to a whole other level on teaching as a profession. A Professional teacher has to encourage, assess, maintain, design, create, listen, respect, and demonstrate their knowledge and skills and abilities at all times whether it be in the classroom or in the community. With the information given from the different websites such as: The Association of Supervision and Curriculum Development gave me so much insight and support of becoming a new educated teacher. Their motive is to learn teach and lead. They also gave information on how to help struggling students and how to produce teacher effectiveness. As I have come closer to becoming a teacher, I am required to take certain classes, and I find myself struggling and the information that was presented made me feel more at ease because I now see that there is help that is available to me. Other information from Phi Delta Kappa International gave a lot of information on Curriculum Management, scholar ships and how to become a future educator. My future as an educator I am very excited. I never knew there so many opportunities and advantages in the education field. Me being an educator will brighten my future as well as the ones I will have the pleasure of teaching. Although many may see as being an educator dissatisfying, I see it as very rewarding. Without teachers, where would the education for our children be? I believe that teaching is the essential profession, without well qualified caring and committed teachers, how would the children of today reach their excellence for tomorrow’s future? Teachers of today are shaping our children’s tomorrow. Education is the key to a vibrant and prosperous America (Clinton 1998) Everyone has their own opinions of what education should be and how a teacher should teach, but, as far as I am concerned, if one is willing to dedicate his or her time, and if they want to achieve greatness then I think an educator is the way to go. I have been dreaming of being a teacher my entire life and I refuse to give that up on being stereotyped. â€Å"Every child need and deserves-dedicated, outstanding teachers who know their subject matter, are effectively trained, and know how to teach high standards and make learning come alive† (Clinton 1998). I am a firm believer..