The Family and Medical Leave Act Essay Example for Free

The Family and Medical Leave Act Essay The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (â€Å"Employment Laws,† n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (â€Å"Eligibility Requirements,† Revised 2013). FMLA covers the following leave reasons: The birth of a child, or the placement of an adopted or foster child. A serious health condition that makes the employee unable to perform the essential functions of their job. To care for a spouse, child or parent with a serious health condition. A â€Å"qualifying exigency† arising out of a covered family member’s active duty or call to active duty in the armed forced. To care for a covered family member who has suffered an injury or illness while on active duty. Employees must be restored to their position or equivalent position when returning from leave (â€Å"Benefits and Protections,† Revised 2013). The use of accrued paid leave can be determined by individual organizations, but should be documented in a policy. It is important for an organization to create a leave policy that complies with FMLA and be consistent when applying the policy. The Family and Medical Leave Act can provide stability to employees, but can be tricky to administer. Company X needs to consider a few factors to ensure FMLA compliance. Paternal leave is included under FMLA, so Company X was in compliance when they granted leave to Employee A (assuming the employee has also worked a minimum of 1250 hours). Employee A was eligible for 12 weeks of leave, but voluntarily decided to return early. FMLA does not require Company X to pay Employee A while on leave, denying that request was also in compliance with the law. Company X met the FMLA requirements, allowing Employee A to return to the same position with the same rate of pay. My conclusion is that Company X has not violated FMLA requirements. I would recommend Company X create a policy that documents FMLA procedures and clarifies what to expect while on leave (salary and benefits). Situation B As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (â€Å"Facts About Age Discrimination,† Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (â€Å"Exceptions to the ADEA,† 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing. Based off of the information provided, Company X is in clear violation of the ADEA. Employee B is over 40 and therefore in a protected job class. Unless they have reason to justify their decision, employee B has a clear case for discrimination. Since employee B has higher performance and longer tenure, the promotion should have been granted. My recommendation to Company X is to create a documented policy the outlines what factors are used in promotions and rank employees accordingly. In my opinion, performance should always be first. Other factors to consider could be attendance/accountability, education and seniority. If company X followed this policy, there would be no question of age discrimination. Situation C The Americans with Disabilities Act of 1990 prohibits job discrimination against people with disabilities. The ADA applies to all terms of recruitment and employment for employers with 15 or more employees (â€Å"ADA Questions and Answers,† (Revised 2009). Under the ADA, it is illegal to discriminate against qualified individuals and requires employers to make reasonable accommodations to ensure individuals with disabilities can perform the essential functions of their job. Reasonable accommodations are modifications or adjustments to the work environment that would allow someone the ability to do their job (â€Å"ADA Questions and Answers,† (Revised  2009). Reasonable accommodations may not bring undue hardship to an employer or require significant difficulty or expense. When complying with the ADA, job descriptions will help provide an outline of essentials functions of a job. In order to know if someone is able to perform the essential functions, a job description must be documented. Assuming that Applicant C was the most qualified candidate, Company X would be in violation of the ADA for denying employment. Since Applicant C is able to perform the essential functions of the position with one modification to the office, it would be discriminatory to disqualify the candidate. An additional elevator keypad would not cause operational harm to the organization and cannot be considered undue hardship. My recommendation to Company X would be to make the necessary adjustments and ultimately, hire the best candidate for the job. References ADA Questions and Answers. (Revised 2009). American with Disabilities online. Retrieved May 27, 2014 from http://www.ada.gov/qaeng02.htm Benefits and Protections. (Revised 2013). United States Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf Eligibility Requirements. (Revised 2013). United States Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf Employment Laws. (n.d.). United states Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/odep/pubs/fact/employ.htm Exceptions to the ADEA. (2007). Human Resources BLOG. Retrieved on May 27, 2014 from http://www.humanresourceblog.com/2007/09/10/exceptions-to-the-adea/ Facts About Age Discrimination. (Revised 2008). EEOC online. Retrieved May 27, 2014 from http://www.eeoc.gov/facts/age.html

Computer Forensics :: Technology, Science, Computer Applications

â€Å"Computer forensics is the specialized practice of investigating computer media for the purpose of discovering and analyzing available, deleted, or "hidden" information that may serve as useful evidence in a legal matter. â€Å" (Steen, Hassell 2004) Computer forensics has become a very important factor of criminal investigations. Since computers have become mainstream the need for a science that will deal with the technology has become an issue for the judicial and legal system. Some of the areas computer forensics may be utilized are:  § Copyright infringement  § Industrial espionage  § Money laundering  § Piracy  § Sexual harassment  § Theft of intellectual property  § Unauthorized access to confidential information  § Blackmail  § Corruption  § Decryption When the investigator finds a computer that may hold evidence, they first create an exact image of the drive. This prevents any inadvertent damage to the system. The clone image is important because more than 160 alterations are made to files when a computer is turned on which can change or delete important evidence. Several events take place on a computer when a file is changed. A file status maker is set meaning their space is now available. But even though you have deleted the file, it stays in the same spot and is called free or unallocated space and is available until the whole space is written over by another file. The computer forensic specialist may retrieve the data until it is written over by the new file. Another place for information to hide is called slack space, meaning, sometimes information being stored in an area will not use all of the available space in the designated spot and the unused portion becomes the slack space.

Liquor Advertisements

The television is one of today’s major sources of entertainment. It could not be denied that this particular innovation of technology attracts numerous audiences that share a certain agreement that television is indeed a primary source of relaxation to the weary minds of many people in the society. In fact, â€Å"According to the International Herald Tribune, over a billion TV sets cover the globe, 50  percent more than there were five years ago. In Japanese homes, TV sets outnumber flush toilets. Only about half of Mexican homes have a telephone, but just about every household has a TV. And many Americans have 25 or 30 channels to choose from. States the Tribune: â€Å"The cultural, political and economic effects of this global television revolution are enormous. .  .  . Some worry that all that TV watching will make the rest of the world lose its appetite for reading, as has already happened to two generations of Americans.† (Herald tribune, 1990, 3) Certainly, from this particular report, it could be observed that television has been taking over the other forms of entertainment ever since the time it was first introduced to the society. It could be noted too that as years pass, the simple innovation of a box like feature of a television continuous to involve in such a state that the said form of entertainment is able to meet the specific standard of relaxation for different types of audiences. There exists the large screen televisions, the flat screen TVs, the mobile televisions and so on and so forth (Anuradha, 1994, 34). From this point it could then be agreed upon by many that television fondness among the present generation towards the next generations is here to stay. However, the question is, with the large amount of hours spent by viewers in front of the television, how true is it to say that the habit of television viewing affects the viewers directly, leaving a great impact upon their lives as individuals? It could also be understood that television is among the major mediums used to host several advertisements that are posted for liquor beverages. To understand the impact of the system, understanding what television has originally made for could be the first step in the clarification. Television can plant the same idea in hundreds of millions of minds—all in the same instant! And unlike the printed page, it does not require its viewers to be educated in the complex art of reading, nor does it ask them to form their own mental images and impressions. It delivers its messages with pictures and sound and all the enticements they can produce. (Evra, 1997, 24) It did not take long for politicians to see the tremendous potential of television. In the United States, Dwight D.  Eisenhower used TV shrewdly in his 1952 presidential campaign. According to the book Tube of Plenty—The Evolution of American Television (Greenwood,1980), Eisenhower  won the election because he proved the more â€Å"merchandisable† candidate in the media. The book shows that TV may have played an even greater role in John F.  Kennedy’s victory over Richard M.  Nixon in the 1960 election. When the candidates debated on TV, Kennedy scored higher with viewers than Nixon did. Yet, audiences who heard the same debate over the radio felt that it had been a draw. Why the difference? Nixon looked pale and haggard, while Kennedy was robust and tanned, exuding confidence and vitality. After the election, Kennedy said of television: â€Å"We wouldn’t have had a prayer without that gadget.† (Evra, 1997, 25) â€Å"That gadget† continued to make its power felt worldwide. Some began calling it the third superpower. Satellite technology enabled broadcasters to beam their signals across national borders and even oceans. World leaders used TV as a forum to garner international support and denounce their rivals. Some governments used it to transmit propaganda into enemy countries. And just as governments had tried to control Gutenberg’s invention once they understood its power, many governments took tight hold of television. In 1986 nearly half of all nations were broadcasting only government-controlled programs. At present, there are numerous developments with regards the programs presented through the use of the satellite connections of televisions. News programs were among those, which primarily utilized the benefits brought about by television networking (Evra, 1997, 29). However, aside from this particular programming presentation, other recreational sorts of programs also found the said satellite networking system quite much effective in helping the society gain recreation and not simply information from utilizing the said technological gadget. Since then, entertainment and recreation became one of the most important factors of interest it television programming (Scheuer, 1999, 99). The production of soap operas, and fantasy based stories that are aimed to entertain especially the young audiences (Evra, 1997, 54). This is where the negative and positive effects of television on the human society enters the discussion. (A)   The Benefits of Television Television has made available some wholesome entertainment programs too. In the privacy of his home a person can enjoy a Shakespeare drama, the Metropolitan Opera, ballet and concerts. There is a television series produced in England that may be enjoyed with or without sound. When the actors talk to one another (which is very seldom) they also employ sign language. This makes available an entertaining and instructive program both for people who can hear and for those who cannot. (Awake! 1990, 29) The field of education has greatly benefited from television. It makes available a variety of instructive material with a full view of the teacher and of any experiments or visual illustrations that he may provide. One can learn about mathematics, various other sciences, basic household skills, languages and many other things on educational television. Many enjoy â€Å"visual essays† that couple a fine view of live performances in arts such as music or dancing with commentary by an expert in the field. Some countries employ TV to cut down their illiteracy rate (Littner, 1980, 25). Developing countries have found it an effective tool to train people for jobs where there are not enough qualified teachers. And television presentations can be stored on videotape for repeated use. Young viewers can often talk intelligently on matters that the pre-television generations never dreamed of; and in the case of very young children, TV may contribute to a larger vocabulary, though it often has the opposite effect on older youths. â€Å"But television is merely a means of communication. Whether it benefits you personally depends upon the type of programs that you watch. Many voices have been raised in protest at the poor quality of much TV programming. In the United States television has been criticized for â€Å"pandering to the lowest common denominator in public taste.† (Evra, 1997, 32) Certainly, the power of television viewing has mainly affected the ways by which the young learners are able to increase their vocabularies as well as their knowledge about the major factors of the society as well as the major branches of education, especially when they are viewing educational programs. In these terms, the fact that television also brings about benefits to the society is indeed proven. (B)   The Disadvantages of Viewing TV There are several factors of viewing that brings about negative effects to the human individuals. There are at least four major themes that characterize this particular impact. The said program themes in the television that brings about the disadvantages include (a) Sexual Immorality; (b) Corruption and Social Chaos or dishonesty; (c) fantasy and make believe; and (d) Violence (Anuradha, 1994, 24). These particular themes are usually the primary themes used by television programming that at some point attracts the larger amount of viewers form the public. Why is this so? According to psychology experts, people who usually watch television are those who are having not much of things to do; those who are not preoccupied enough with their jobs that they are able to spend long hours of the day sitting in front of their televisions (coon, 1999, 26). They are the main targets of the producers of programs in the television. Hence, to be able to gain much profit from them, these producers aim to tickle their interests through the utilization of the major themes that directly attract their attention (Anuradha, 1994, 54). Making believe is among the top themes used by producers in creating the programs that they present to the society. Movies and television series that are arranged in patterns of the fantasy themes have normally received much appreciation from public viewers (Scheuer, 1999). As for a fact, movies such as Harry Potter, the Terminator, Lord of the Rings and other more programs following the same theme attracted much of the population in the society. They are among the movies, which are considered to become the blockbusters of the years when they were first shown to the public. True, the relaxation that the said movies bring to its viewers is indeed incomparable. Psychologists again add that the need of people to rest from reality through believing in fantasy stories is indeed a defense mechanism of the society in facing the reality of life (Coon, 1999, 145). Watching movies that make them realize that they are powerful enough like â€Å"heroes† such as Spiderman and batman in facing their lives, effective and strategic in ways of facing their transgressions through the use of magic like Harry Potter; makes the human society feel like there are of no limits and that they are empowered in terms of fantasy to face the challenges that they meet everyday (Coon, 1999, 146). However, not all the audiences that are able to access the said movies are mature enough to understand that what they are seeing is simply make believe. In fact, 70% of the viewers of these particular themes are young children from the ages two towards the ages six, who are known to believe whatever they see in the television. They are not that much capable of setting apart the truth from make-believe. Hence, upon seeing the programs that were mentioned above, they are disposed of to beliefs that they are able to become like that of the characters that they see on television. Children as young as they are have no limitations as to what they are supposed to or not believe in. The trend of television toward the â€Å"new morality† is also a disheartening one. Startled viewers have seen shows that deal with homosexuality and lesbianism. Full frontal nudity has appeared on stations of the Public Broadcasting System. Comedy shows often feature off-color humor. And what about the â€Å"soap operas†? The pamphlet TV and the New Morality observes: â€Å"Daytime soap operas deal frankly with adultery and casually show unmarried couples in bed together.† (Awake! 1998, 23) Again, the young audiences are not addressed fairly in this part of the program arrangement of the television showing. Form this particular picture; it could be observed that the moral disposition of the children is rather placed in such a confusing status. Hence, when they grow older, their understanding of what is right and what is wrong is then misarranged that they be subjected to confusion when they are already facing the actual situations in life when they are the ones who are already expected on what is right and what is not. In terms of human relations, in bygone days when a person wished to learn of events or matters of local or world importance, he would have to get that information by direct communication with other people. Friends would gather at the village well or at the general store for an exchange of news and views. But with television, people may get the same information without bothering with their neighbors (Evra, 1997, 47). If they are not careful, they can allow television to quash their incentive to communicate with others. One writer spoke of TV watchers as being â€Å"anonymous island-audiences, newly separated from one another.† (Awake! 1998, 24)Certainly, television programs at some point ruins the doubtless relationships of humans with each other. The used to be loyally disposed relationships between humans are being directly affected by the doubtful ideas presented in televisions. Knowing both the advantages and the disadvantages brought about by television viewing, it should then occur to each individual that the importance of balancing television viewing with other activities away from it is an essential part in assisting the youths especially in their behavioral advancements towards adulthood that are actually directly affected by their practices in television viewing. Television and Liquor Advertisements WHAT is the aim of commercial advertising? Businesses say that their advertising provides a public service because it gives us information about their products. The International Advertising Association states: â€Å"To be properly informed the Consumer needs advertising. Informed choice is based on information. Advertising—in its broadest sense—is the vital conduit for that information between Producer and Consumer.† Of course, we all know that such advertising does more than merely inform—its job is to sell. It is not objective or neutral. Successful ads skillfully engage the mind of the consumer and motivate him to buy the product advertised. Recently, advertisements using sexuality as a way of persuading consumers to buy adult beverages has been a trend in the advertising industry. Why is this so? As we know the advertising business is enticed with the goal of targeting a specific group of consumers to attract to buy their products. As to clearly explain, to be strategically sound, an ad is usually carefully directed to a certain audience, whether it be children, housewives, businesspeople, or some other group. The message is crafted to appeal to the most important concerns of that audience. Then the ad is run in the media that will most effectively reach them. Before an ad is designed, a great deal of research goes into finding out about the group of people most likely to buy and use the product being advertised. Advertisers need to know who these people are, how they think and behave what they desire and dream of. Advertisers also consider informations about consumers such as who they are, where they live, what they buy and why. Knowing all these gives them the ammunition to write persuasive sales messages. Their targets will respond to persuasion; they won’t respond to bluster, our self-interests, or rhetorical arrows shot randomly into the air. And as obvious as it is, the prospect consumers of hard liquor products or adult beverages, which are men had been successfully persuaded by such kind of advertisements using sexuality. In fact, these kinds of advertisements have already been socially accepted as years passed in the advertising industry. The question is, is this kind of practice to be considered healthy? Could it be justified as to becoming socially accepted as a simple norm in the society? How should consumers react on this kind of persuasion? These questions and more shall be answered in the following paragraphs. The Reality behind Advertisements using Sexuality Ads are carefully crafted to appeal to the specific desires and values of the target audience. Perhaps an ad will appeal to the need to have fun, the hunger for security, or a yearning to be accepted by others. Maybe the ad will direct itself to a desire to impress others, to be clean, or to stand out as different. Indeed, advertisements could be in any form. It could be shown through music, visual materials such as posters, newspaper ads and the television, it could also be posted through the Internet. In fact, these ads are usually accompanied by women who almost wore nothing holding the beverage on one hand and the other hand flirting with the man whom they are luring to have a drink with. Yes, this has become a common trend. Although all the advertisements showing sexual patterns of persuasion are most likely addressed to the grown-ups, it still couldn’t be denied that it is not only them who are able to have access to these advertisements. As reality suggests, the advertisements specially shown in TV are not only viewed by adults but as well as young children. Of course the advertisers know that TV, as a medium of communication, has a profound effect. Their advertising conditions people mentally so that they will buy their products. Surely, the commercial leaders of the world are not so simple-minded as to throw away money if TV advertising has little or no effect. On the contrary, instead of buying, the innocent minds of children are more likely polluted with trash and lust, things that they should not even see. Not only that, Internet today is mostly accessible to anybody who would like to learn anything. Yet, behind the aims of learning something new, many youths stumble to the sites showcasing commercial ads regarding beverages that has a strong spirit affecting the aggressiveness of anybody who drinks it. The worst thing it, the ads are more often then not, posting pornographic materials along with the product they sell. Aside from this, teens that are able to watch these kinds of â€Å"short flicks† on sexuality are usually stimulated to do the same things they see. Unfortunately, many teenagers fail to see the real effects of these advertisements to them selves. As a result, grave conclusions on the matter have been accepted by the society as parts of norms already. Things such as premarital sex, grave sexual assaults between teenagers and cases alike. Yes, the advertisements showcasing the sexuality as a social norm prove to be quite disturbing. Knowing this, how should we react as consumers towards the said advertisements? Conclusion As conscientious consumers, we should be aware enough of what we buy from what we watch and what we see. Basing from the thing we see, we should be prompted to protect the children and teenagers from becoming victims of the effects of advertisements posting lust to be such a luring and desirable act for anybody. Regarding the said issue, it is more considerable to accept banning commercials and advertisements showcasing sexuality as a medium of consumer-persuasion-strategy. Why is this so much agreeable about? First, the effects of the said advertisements prove to be much overwhelming especially concerning the morality of many people specially youths worldwide. This fact should wake everybody up to face the reality that each of us has a responsibility to protect our society from being polluted by the many grave effects of the wide array of pornography which are usually seen in Adult beverage advertisements. Second, everyone is liable of being a responsible citizen for the next genera tin following the footsteps of the older generation. Third, we all have a battle against exploitation. Why is this related? It is because many of the talents used in the posters and commercials for adult beverages are more likely underage, or if not, at times because of financial reasons, they are encouraged to pose for certain ads. Although there is an Advertising code for beverage commercials stating that women posing for the said commercials should be aged 25 and above, it is still more often that not being abused. Yes, each person has his own reason for agreeing in making their society a better place to live in. One way of making it is cleaning the most influential power in the society which is the media.   One of the key solutions to this problem is our respect for each other. As we could see, if people tend to respect each other’s right and think of other’s welfare other than just thinking of the profit to be gained, the morality of humanity could be closely watched and circumstances such as commercials involving sexuality could be fairly avoided. References: â€Å"Advertising-How necessary?† (February 8,1988). Awake! Watchtower Bible and Tract Society. Brooklyn, New York. 3-4. Alcohol.gov. (2005). ALCOHOL BEVERAGES ADVERTISING CODE. www.alcohol.gov.au/advertising.pdf.   (November 6, 2007).   

What Makes A Drug Addiction - 1579 Words

Having a drug addiction is a very tough thing to go through in life. It consumes your life, you wake up wanting drugs, waste the day looking for drugs and go to sleep in a drug induce â€Å". â€Å"Coma†. At one time certain drugs were legal to use but of course it became addictive and proven to be fatal. Even though doctors, soda companies, and grocery stores use to sell these legal drugs, it’s questionable to understand what makes these drugs addictive and what made it suddenly illegal. During the 19th century opium was legal and free to use, doctors would prescribe it for tooth aches and also for menstrual cramps. Opium is known as â€Å"the Breadseed Poppy and is arguably the most infamous flower in the history of mankind. Used medically†¦show more content†¦In 1943 LSD was accidentally discovered after a Swiss scientist was testing chemicals and it accidentally absorbed into his skin. During the 1950’s when the cold war was taking place, the U.S A rmy along with the CIA and researchers learned that LSD can be used as â€Å"brainwashing† the enemy. LSD is â€Å"manufactured from lysergic acid, which is found in the ergot fungus that grows on rye and other grains† (drugfree, 2013). LSD or as known as â€Å"acid† can have a person hallucinating, alter time and also vivid visions, the drug is unpredictable. In the 1970 congress listed the drug as a Schedule I substances, meaning it is not recognized as medicinal or therapeutic. In the early 20th century heroin was legal believe it or not, and it was used as a treatment for coughs and for as a methadone program for morphine users. Heroin is â€Å"processed from morphine which occurs naturally in the seedpod of the Asian opium poppy plant† (heroin, 2012). Used as a pain reliever ended up being an addiction for millions of Americans. Heroin was later outlawed in 1924, but it is still being sold for money and used by users even though it is illegal. What i s a drug addiction? â€Å"Addiction is defined as a chronic, relapsing brain disease that is characterized by compulsive drug seeking and use,