Thursday, November 21, 2019
McMartin Preschool Trial Essay Example | Topics and Well Written Essays - 500 words
McMartin Preschool Trial - Essay Example The discretion in the picture apart from the sexual abuse allegation by the victims, they also claimed to have witnessed flying, travelled in hot-air-balloon, some other claims by the victims were that they went through an underground tunnel. The most hilarious claim by the victim was that actor Chuck Norris abused him. After seriously investigating the theories given by the children, there was no substantial evidence to back such allegation. A conflicting goal in this case is cited when a witness who had earlier before the court case admitted to be mentally unstable, the victim is assessed through the prosecutor and the result of his mental status is ruled to have been caused by the events of the trial. He goes ahead in alleging that Raymond Bucker was sexually assaulting schoolchildren and was capable of flying. Politics play a role in this case when the initial prosecutor Mr. Glenn Stevens uses his position to influence the court case by forming the victimââ¬â¢s statement, the parents and teachers play a role in formulating their childrenââ¬â¢s statement during the interview. The defense team together questioned the reliability of such an act could happen to multiple student secretly without nobody having an hint of what is going on for such a long period of time. The presence of the media at the courtroom as they try to capture every single detail about the sex scandal that hit the pre-school also made the situation to be such a huge scandal. The prosecutor denied the defense attorneys team some very vital investigative information that could help the aid their evidence. The defense attorneys changed the publicââ¬â¢s opinion by arguing that a major crime caused was by the media to give an opinion poll concerning Buckey since he deserved a fair trial at the courts of law. The other issue was the successful removal of a judge through a court motion. This made the public have another view on the case. The prosecutor, press
Tuesday, November 19, 2019
Factors Affecting Customer-Centric Website Design Essay
Factors Affecting Customer-Centric Website Design - Essay Example The paper concludes that website designers must exploit Cloud technologies and use teams that are multicultural and gender sensitive when designing their websites if they truly want to make their customers the centre of their work. Introduction The infrastructure known as the Internet has been at the heart of globalisation, flattening the world, and causing disruptive change in business bringing about new models and new products and services. At its core the web browser has been the most visible interface for consumers and businesses to enjoy these changes brought about by the Internet. With increasing use and time spent on the internet, and with the accompanying information overload, businesses are seeking to capture differentiate themselves through website designs that attract and engage customers. It is within this context that web designers are being tasked to come up with customer-centred websites. Customer-centric web design aims at creating a website that is intended to meet t he specific needs of customers as opposed to all web visitors. When considering customer-centred design, Schneider (2011) recommends focusing on the customer buying process. Garrett (2003) suggested that there are six key areas that the web designer will need to focus on to enhance the usersââ¬â¢ experience: visual design, information architecture, information design, navigation design, interaction design, and content. Given the highly fluid nature of the internet and its associated technologies, web designers are finding it difficult to design the much desired customer-centric websites. In the next section, the paper begins by trying to understand why customer-centric web design is so important for any individual or organisation that is putting up or has a website. After that the paper discusses three factors that make achieving customer-centric web design difficult. First it discusses the effect of culture and gender, then the impact of the emergence of the mobile web and f inally the rise of prosumerism. The paper then concludes with suggestions on possible techniques that web designers could use to tackle the challenge posed by these three factors. Literature Review Importance of Customer-Centric Web Designs Naturally, one would ask why is achieving customer-centric web designs so important to warrant its discussion? Porter (2001) argued that the internet weakened industry profitability by influencing the five forces that underlie industry structure. The Internet reduced switching costs and shifted bargaining power to end consumers. The web essentially changed the dynamics of the relationship between organisations and their customers. The customer is now more empowered and more in control of the relationship than ever before (Perfetti, 2006). The web has not only made it easier for customers to find alternatives but it has also lowered the costs they incur either in searching for alternatives or moving to them. Customers only care about that whic h is important to them. This means that if they cannot find the products, services or information that brought them to a particular website, they will simply go elsewhere. To prevent customers from going elsewhere makes it necessary for organizations to design their websites with the customer as the core focus. Also, it has been found that there is a big distinction between the numbers of people who visit a website and those
Sunday, November 17, 2019
Letters of Credit Essay Example for Free
Letters of Credit Essay The use of the letter of credit in international trade has for a long time been an easy way of carrying out business operations without really having to use the credit of the applicantââ¬â¢s bank. Letters of credit usually take the place of a bankââ¬â¢s credit and enhances the speed of transactions when used properly.[1] Usually, the letter of credit serves to give an importer of goods as well as the exporter a chance to go a head with their business transactions even when there is no real liquid money available to either party. Letters of credit, however, present very many challenges to both the exporter and the issuing bank because they are usually documents that cannot be revoked under certain circumstances and so exposes some players to a lot of risk. A key concern has been the nature of the conditions that ought to be met before such documents can be honored by the exporterââ¬â¢s bank which usually has to rely on information from the importerââ¬â¢s bank.[2] It is on the basis of the intricate issues that surround the letter of credit and its use that this paper seeks to critically discuss it especially when used in the context of international trade. Of particular interest, though, is a discussion of the undue exposure to losses and other risks on the issuer of the letter of credit, particularly in instances when the applicant or beneficiary of the letter of credit does not duly perform oneââ¬â¢s obligations or wrongfully obtains payment. The Working of a Letter of Credit From a business point of view, it is usually very important for an importer of goods and who holds an account with a local bank to seek for the financing of the bank for goods that are to be sourced from another country.[3] The reasons this is appropriate range from an ability to facilitate the business transactions and ensure a faster and timely transfer of the goods from the exporterââ¬â¢s location to that of the importer, and to reduce the costs that could be incurred in having to use other means of payment to pay for goods in another country ââ¬â means of which are not always available. Therefore, from the business point of view, a letter of credit serves to enhance the general business transactions involving international trade. Where the challenge comes in is that point when it is never drawn or requested unless there is some form of credit that needs to be transferred. Actually, the letter of credit is used as an exchange of the credit of the bank and that of the buyer. Here, issues of compliance with the terms and conditions of the letter of credit poses many challenges and risks to the issuing bank as well as the advising bank which literally transfers the credit to the exporterââ¬â¢s account. This results because of the manner in which the transactions are conducted. First, an importer in the United Kingdom orders for coffee beans from a farmer in Brazil. The farmer insists that the coffee beans can only be exported or ferried on condition that the payment for them is paid within forty days from the time the transaction is entered into. The UK importer cannot get to Brazil to make the payments but there is a way that the exporterââ¬â¢s bank can communicate with the importer so that the credit can be transferred. However, the buyer does not want any undue risks so he does not offer cash to his bank but asks for a letter of credit to be drafted with the Brazilian coffee exporter as the beneficiary. The UK bank makes an arrangement with this importer and because he satisfies the conditions required, the bank drafts a letter of credits and transfers it to the beneficiaryââ¬â¢s bank in Brazil. That advising bank then verifies the details of and terms of the letter of credit and duly pays the exporter. Once this is done, it is all to the exporter to ship the coffee beans to the UK. Only then can the advising bank (the exporterââ¬â¢s bank) be able to seek for the payment for the goods in accordance with the terms and conditions of the letter of credit. As can be clearly seen, there are so many processes involved and it all boils down to four main players who are bound to lose or benefit. There are the bank of the exporter, the bank of the importer, the exporter and the importer. Commercial Letter of Credit and Standby Letter of Credit It is always important to draw a distinction between two types of letters of credit commonly used in international trade and to ascertain the roles each plays towards enhancing payments for imports by a customer.[4] The commercial letter of credit is the most widely used and its use is restricted to the actual exchange of credit on behalf of the customer of a bank. It is the commercial letter of credit that will be needed by the advising bank or the exporterââ¬â¢s bank in order to effect payments. However, owing to the risks to the issuing bank regarding defaulting on the part of the importer who is also its customer, the issuing bank usually drafts and issues another letter of credit for the purposes of proving the credit worthiness of the importer. This particular letter of credit, therefore, serves the function of guaranteeing the advising bank and the exporter that the importer will actually pay for the goods. This reduces the risks inherent in international trade.[5] Based on this fact, it can be fairly argued that an issuer of the commercial letter of credit will be protected significantly in the event of failure by the beneficiary to adhere to the terms and conditions of the letter of credit. To a significant level, having the standby letter of credit protects the issuer because it cannot be allowed to pursue the property of the importer and recover the money; or it can fail to pass the money to the advising bank. In accordance to the UCP provisions, the banks are protected only mildly when it comes to failure by trader to honor their part of the contract regarding payments to be submitted. For instance, the UCP never really form part of the official international trade rules and are only applicable when the parties to the trade deal believe it is right for them. The absence of a clear law, therefore, that emphatically seeks to help issuers of letters of credit means that they are exposed to many risks. The law in this country regarding international trade in general and letters of credit in particular tend to offer protection to consumers more than the issuer of the letters of credit. It is almost always believed that banks have the right and the capacity to set up their own terms and conditions which they believe are sufficient enough to protect them from any acts of fraud by traders; and as such not a lot of protection is offered them under the law. International trade law will also protect the local bank and not the foreign bank, meaning that in the event the local bank, which is the issuer of the letter of credit, has already passed on the money to the advising bank, then there is little that can be done to recover the money especially in cases where the trader fails to honor the obligations to pay the bank due to bankruptcy or any other reason. This is because the law on bankruptcy protects the importer from the actions of banks that can lead to further legal battles. If such an importer files for bankruptcy during the period when the goods are yet to be delivered to him, then there is nothing the bank can do to recover its money.[6] A person declared bankrupt is protected from his debtors until at such a time when the bankruptcy can be lifted. This clearly renders the issuer of the letter of credit to such a trader incapable of recovering its owed monies. [1] Campbell, Dennis. REMEDIES FOR INTERNATIONAL SELLERS OF GOODS [2008] Volume II. Lulu.com, 2008 [2] Edwards, George. Foreign Commercial Credits; A Study in the Financing of Foreign Trade. General Books LLC, 2009 [3] Great Britain. Law Commission. Company security interests: a consultative report. Routledge, 2005 [4] Credit research Foundation. ââ¬Å"Understanding and Using Letters of Credit, Part Iâ⬠(1999). Retrieved 08/16/2010 from: http://www.crfonline.org/orc/cro/cro-9-1.html [5] Warner, Susan. The Letter of Credit. Kessinger Publishing, 2007 [6] LLL. ââ¬Å"U.C.C. ARTICLE 5 LETTERS OF CREDIT .â⬠(2005). http://www.law.cornell.edu/ucc/5/article5.htm
Thursday, November 14, 2019
European Imperialism :: Papers
European expansion was almost a certainty. The continent was relatively poor place for agriculture, which pushed Europeans outside of Europe in search of new soil. Different countries sent explorers, like Columbus and Magellan, to find unknown trade routes to India and Asia. They stumbled onto new sources for raw materials and goods and Europe was suddenly substantially profiting. The exploration of Africa, Asia, and South America provided new wealth. It increased the standard of living for Europeans, introduced them to spices, luxurious goods, silver, and gold (class notes). Later revolutions and reformers throughout the 19th and 20th centuries transformed European society and continually provided the continent with new interests, experiences, and ideas. As a result, Europeans developed new technology, which enabled them to explore unknown territory and expand their influence overseas. European imperialism began in the 14th and 15th centuries. There were a variety of factors that allowed for expansion. First of all, because the population of Europe was low there was a potential for rapid population growth. Secondly, Europe was relatively small which made it venerable to invasion and provoked the need for strong armies. The fact that it was divided into states provoked the need for strong governments and because there was no one power that could change things in Europe they obtained a relatively strong freedom of thought. This solidarity gave Europe the power to send voyages and explorations around the globe to help find new resources. Futhermore, Europe sent explorers to find different and needed trade routes to Asia and India because the land routes were extremely long (class notes). Also, public opinion played an important role in the support of imperialism. Many people who weren't pleased with their economic and political status could migrate to new re gions to find other opportunities. Others were inspired to spread the word of Christianity and sought a new standard of living. But most importantly, Europeans were concerned with the quest for material goods and to grow rich (textbook pg. 878). There were many changes in the methods from early imperialism to late expansionism. For example, unlike "new imperialism" early European expansion focused on establishing trading posts in different countries, instead of actually taking over the land and adding empires like later imperialism.
Tuesday, November 12, 2019
Business Plan for Toy Shop
BUSIENSS PLAN FOR TOY SHOP BUSINESS PLAN KIDZONE TOY STORE Submitted by: Ajit Mangarulkar Vishwanath Patil Piyush Borde Kunal Dalal Yogendra Bhosale Rahul Tayade Overview of the Industry INTRODUCTION The toy industry mainly concentrated in and around the metropolitan cities of New Delhi and Mumbai in India, is characterized by small-scale establishments. Of late, the toy industry has been internationalized. The application of new materials and technologies have added value to the variety of the toys. Today, the use of toys is unlimited.They are used for decorations by adults and for education & play by children. Toys are also being used for entertainment and child development. Plastic toys, along with soft toys (mainly dolls) and board games, make up about 80% of the Indian market in value terms. The change that is discernible is the decline in Importance of board games (other than puzzles), which involve play by a group of children. Those in the trade argue that, with smaller family size today and the growing incidence of both parents working, there is little scope for board games, which families used to traditionally play together.The emphasis these days is much more on toys, with which a child can play on his/her own. Market Dynamics of the Indian Toy Trade The Indian toy market exhibits some of the characteristics common to any toy market while others have uniquely the Indian character. Individual toys have a short life cycle. There is a constant need for novelty. Consumer tastes change rapidly. Resurrection of old toys does not work ââ¬â a new content has to be added or altered. These rules, in general, apply to most toy markets internationally. In addition, the Indian market has its own angularities.Toy sales in India have well defined seasonal patterns coinciding with the festival season. Generally, the time period from July to November is the high season with temporary surges in some States in December & March. Toy selling in India often involves se lling to 3 individuals simultaneously, namely the child, who will use the toy, the mother, who is concerned with safety, space to play, etc. and the father who controls the purse strings. The market is also highly price sensitive. This trend has been reinforced by the entry of large-scale imports of cheap and novel toys from China.These have mostly been unbranded, of low priced and indifferent quality toys. The past decade has seen the Indian toy industry making quick strides in terms of production and exports. At present, India produces a wide range of toys, namely plastic and mechanical activity toys, plastic and soft dolls, stuffed toys, board games, puzzles, educational games and toys, metal toys, electronic toys and games. It is estimated that the toy production in India is around INR 5. 50 billion in the organized sector and INR 12. 50 billion in the unorganized sector with nearly 20% annual average growth rate.There are more than 3000 units in the small-scale sector including large number of units in the cottage sector. Some large/MNCsââ¬â¢ toy units like the Mattel, Lego and Funskool are also present in India. With international quality toys available in India now, the average spending on toys has increased substantially and this process is supported by an increase in disposable income at the customer end. Introduction ââ¬Å"To every child, presenting a toy creates a special attachment between the two. â⬠We intend to satisfy the needs of the children mainly aged below 10yrs. y having an ââ¬Å"KIDZONEâ⬠as a part of organized retail, catering to almost all the trifling requirements of kids. Service will be one of our main focus areas wherein we intend to have a ââ¬Å"play n feel the toysâ⬠zone attracting the kids to enjoy with toys. This facility will give a real feeling of amusement to children, hence attracting the kids and parents towards it. Thereafter we will also provide a babysitting facility for parents shopping throughout the mall and in the meantime the trifling needs of babies will be taken care of.Secondly, we will focus on disintermediation of procurement channel by directly sourcing the finished products from the toy manufacturers mainly from China & other manufacturers from India. Most importantly we are looking forward to revolutionize the toy industry by having merged quality with fun wherein all the safety issues would be taken care ensuring the source of playfulness not becoming a hysterical item. Above all our long term goal is to make our retail outlets as a brand name well recognized in toy industry and increase the organized retail market share in toys segment.Management Team Vishwanath Patil ââ¬â Ajit Mangarulkar ââ¬â Piyush Borde ââ¬â Yogendra Bhosale ââ¬â Kunal Dalal ââ¬â Marketing Plan SWOT Analysis Strengths: Our business would impart touch & feel factor to the child We would impart child caring facility in our store where the parents can leave their child and go for shopping which will in turn lead to sales by having child for more hours in shops & can be addicted or fascinated to any of the toy Large & Growing Population (Market Size data to found out) ââ¬â Age group between 0-8 years Maximum Loyalty towards shopDemonstration Effect Higher Margins due to large imports from China, Hong Kong & other countries Wide range of products to choose Fewer bargains for the products Increase in disposable income of middle class Weakness Emotional attachment towards toy which leads to non repetitive buying Price sensitivity market Safety Issue in terms of lead contain, sharpness of toys etc Individual toy have shorter life cycle & consumer taste changes rapidly Opportunity Untapped organized sector which consists of only 10% of total toy industry. Better support from governmentDemand for Educational toy in the market Threats Due to large expansion of Mall Culture, there is increase in competition from the players Big Fish with deep pockets will able to sell products at competitive price (Entry of global brands) Marketing Mix The marketing mix is often summarized as the four Pââ¬â¢s ââ¬â Product, Price, Place and Promotion. Product The type of product that would be placed in the store will be dependent on the age group. During the initial period the store would cater to age group of from the day child is born to 8 years.The later as the store expands and capital is generated the store would cater to toys catering to people with age more than 8 years and toys for adult. The product that will be defined within age group is as follows 0-24 months: Teethers, squeaks, Tomy, balls, soft toys, baby education toys and others. Photos of some of products are given below. 2 years to 4 years: puzzles, cars, Helicopters Photos of some of products are shown below 4years to 6 years: Magic tricks, electronic cars and helicopters, electronic gadgets and toys of film stars and other famous personality, famous cartoon character, Barbie & others.Photos of some of products are shown below: 6years to 8 years: Tricycles, Bicycles, and other ride on toys. Apart from that the musical toys and electrical operated toys will also be placed in the shelves 8 years to 10 years: Board room games, chess and other family games would be the major attraction The stuffed toys and Plush toys would be all time major attraction towards the customers. The above mentioned is only a part of whole list of offerings offered by the store. The main unique selling proposition would be the Indian touch in toys.We will also try to procure the toys of famous personalities ââ¬âall time legends like Shahrukh Khan from film industry, Dhirubhai Ambani from business,à Narayan Karthikeyan from F1 racing like all the famous personalities in their respective fields will be incorporated as toys. The toys projected in any of Bollywood and Hollywood industry will also be major attraction for the customers. We will try to innovate and help suppliers to also make customized product if possible and thereby increasing the revenues.The key to business will be continuous innovation in all product ranges. Price: The price of the product sell in the shop will depend on the sourcing and also the total cost of procurement. In the initial years of opening of shop we will not be having competitive pricing but the prices would be at par with other competitors in the market. After years of experience in the business and due to strong hold with the suppliers, we will be having a bargaining power with the suppliers and will try to sell product at lower prices compared to competitor.We will be having Lowest Prices in the Town in one of product everyday to attract as many customers as possible. Moreover the product would be selling at par with our costing, so we wonââ¬â¢t be able to generate from the product sold at lowest prices. The whole list of prices with the name of the product is attached in the annexure 8. Place: The majority of the product would be procured from China and also some of the product would be procured from India itself. The main source from India would be Chennai, Noida and Mumbai. The sourcing from China would be in terms of imports via sea route.The cost of procuring of the product is already been included in the financials. The time for procurement of goods would be taking near around 28 days from the day of placing of order from China and the procurement from Chennai or Noida will take maximum four days and from Mumbai it would take one day lead time. The toys would be stock in the store itself; there wonââ¬â¢t be any special storage place or another location of the toys. The toys would be readily available to the customers on demand if stock is available. Promotion:The less effort would be required in terms of promotion as the store will be located in Thane East But still promotion will be required to create a buzz in the city which would be carried out be two means. 1) Print Ads in local newspaper. As maximum people in Maharashtra are habituated of reading of local newspaper, so the ads would be given in local newspaper on repetitive basis. The ads will also be given in other non local newspaper but frequency of ads would differ in both the cases. 2) Advertisement would be carried out in radio stations. Continuous announcement would be given in all leading radio stations like Radio Mirchi and Big FM. ) Distributions of pamphlets would also be one of the marketing strategies for carrying out promotion. As in the initial period it is not possible to be present in all the malls, so distribution of pamphlets in all the malls will be carried out on weekly basis. 4) All this promotion will in turn lead to Word of mouth marketing 5) In later stages of business the viral marketing will also be carried out. OPERATION PLAN Location The location selected for opening an outlet is THANE (Maharashtra). Thane is the largest city in the state of Maharashtra and the The city is witn essing a major construction boom and population increase.A rising centre of education, information technology and scientific industries, Thane remains the cultural and commercial heart of Maharashtra, and much of western India. The main reason behind selection of this city is the city is developing stage & we witness tremendous opportunity in the coming years. The real estate boom will be going to come in the city so we donââ¬â¢t wonââ¬â¢t to miss the opportunity to be there within couple of years. The reason for selection of the city is its proximity to MUMBAI. The proximity to the city will help in reducing the transportation cost and increasing overall efficiency and savings in operations.Type of Building The location of the shop would be in the shop in Thane (East). Amount of Space The amount of space needed would be around 2000 sq feet of area which would be more or less compared to any retail chains. The amount of space needed would be targeted in malls in the basement n ear around the entry of Reliance and Big Bazaar shops. We targeted the basement due to its cost effectiveness. The shop would be lease for 5 year period for the initial purpose and then if needed would be bought out. The general lease rental of the area in Thane (East) is around Rs. 30000 per month. Other DetailsThe business hours of the shop would last from 10am to 10pm as major. We see the timings to be getting extended at weekends. Moreover the timing would be subjected to the change. Lead Time The main source of supplier would be from the Shantou in China and from Shanghai in China. The other supplier from India would be the Hanung toys in Noida, Mattel Inc. in Chennai and also the Funskool India Ltd in Chennai. The cost of transport of freight from China to India ranges from 428 USD to 600 USD depending on the date of ordering. The other cost of transportation from Mumbai to Thane would be around 2000 INR.The cost of procurement of consignment from Mumbai to Thane would be is 3 000INR and from Delhi/Noida it is around 8000 INR. So the lead time if calculated to import from toys from China would be around one month and from procurement from India only it would take around one week from farthest place i. e. Chennai in India for procurement of toys. Sales Estimation Due to prime location of the shop in the malls we expect the sales to be reaching high in the weekends and also in the festivals. This figure comes from the fact that out of 15000 people visiting Thane East daily on an average, around 82% are parents and remaining are youth.So out of 82% of total population we average that around 35% of parents would be with child who comes for the shopping. As mentioned that we shall be a unique adventure in the shop as a playing area specially allotted for the kids to play with the toys which ever they want out of majority of samples placed in playing area. The other advantage is that the child would be taken care of specially trained employees and all this pack age would come for free. We expect the shopping time taken by any parents would be around 1 hour.So we provide facility for parents to leave their child to play in the shop and if they want they can buy the toy. We rely on the fact provided by the doctors that one hour is enough for a child up to 6 years to get addicted with the toy. Hence as a child gets addicted to play with the toy, they would force parents for purchase of same toy. We only expect 75 customers to get converted out of minimum 1500 people visiting per hour (which is around just 5% of total customers visited in the mall. ) The other occasion for increase in the sales would be the festivals and also the Valentineââ¬â¢s Day for the youth.The shop target customer is up to 14 years but due to presence of Splush toys and also teddies and fur toys which stand attraction for the youth, so we expect the sales to increase in valentine day. Personnel In order to manage the day to day operations we along with three partners have decided to keep the following personnel for smooth operations. In order to reduce our fixed expenses we have restricted ourselves to six employees in the initial three months of our operations. However with time and requirement we shall keep increasing the strength. Number of employees: * Store Facilitators-02 Store Manager-01 * Housekeeper-01 Financial Details Projected start up cost Projected start up cost| | Security Deposits Monthly RentSalary to StaffPurchase of ToysFurniture and StationaryReserved| 100000 30000 20000250000 50000 50000| Total Start Up Cost| 500000| Sources of Fund 50% fund from Partners50 % fund from State Bank of India| 250000250000| Total Fund Raised| 500000| Projected Balance Sheet Liabilities| Rs. | Assets| Rs. | Capital| 500000| Furniture ComputerStockCash DepositeCurrent assets| 50000 20000250000 50000100000 30000| Total | 500000| Total| 500000|
Sunday, November 10, 2019
Jespersen vs. Harrahs Case Analysis Essay
Facts: Darlene Jespersen was a bartender at Harrahââ¬â¢s Casino in Reno in the sports bar. She was frequently praised by her supervisors and customers for being an outstanding employee. When Jespersen first started her job at Harrahââ¬â¢s the female bartenders were not required to wear makeup but were encouraged to. Jespersen tried to wear makeup to work a few times but decided that she did not like it due to the fact it made her feel sick, degraded, exposed and violated. She also believed that it interfered with her ability to deal with unruly customers because it ââ¬Å"took away [her] credibility as an individual and as a person.â⬠After 20 years of working for the company, Harrahââ¬â¢s implemented the ââ¬Å"Personal Bestâ⬠program contained certain appearance standards that applied equally to men and women. Women were now required to wear makeup and when Jespersen refused, she was fired. Jespersen sued Harrahââ¬â¢s under Title VII. Argument for Jespersen: Jespersen refused to wear makeup to work because the cost-in time, money and personal dignity. Under Title VII of the Civil Rights Acts of 1964 employers are free to adopt different appearance standards for each sex, but these standards may not impose a greater burden on one sex than the other. Women were required to wear makeup and men were not which allowed men to save hundreds of dollars and hours of time. Harrahââ¬â¢s had no right to fire Jespersen because the rule only applied to women. Argument for Harrahââ¬â¢s: Employers are allowed to impose different appearance rules on women than men as long as the overall burden upon the employees is the same. Harrahââ¬â¢s rules did not impose a heavier burden on women than on men. Outcome: Jespersen appealed the judgment of the United States District Court for District of Nevada granting defendant employer summary judgment in the employeeââ¬â¢s sex discrimination action filed under Title VII of the Civil Rights Act of 1964. The final outcome was that the original judgment granting Harrahââ¬â¢s summary judgment was affirmed because Jespersen failed to present sufficient evidence to survive summary judgment on her claim. My Opinion: I agree with the final outcome of this case. Jespersen did not have enough evidence to prove that by Harrahââ¬â¢s requiring her to wear makeup was indeed sexual stereotyping. The ââ¬Å"Personal Bestâ⬠program had plenty of restrictions and requirements for men as well as women.
Friday, November 8, 2019
Elizabeth Key and Her History-Changing Lawsuit
Elizabeth Key and Her History-Changing Lawsuit Elizabeth Key (1630 - after 1665) is a key figure in the history of American chattel slavery. She won her freedom in a lawsuit in 17th century colonial Virginia, and her lawsuit may have helped inspire laws making slavery a hereditary condition. Heritage Elizabeth Key was born in 1630, in Warwick County, Virginia. Her mother was a slave from Africa who is unnamed in the record. Her father was an English planter living in Virginia, Thomas Key, who arrived in Virginia before 1616. He served in the Virginia House of Burgesses, the colonial legislature. Accepting Paternity In 1636, a civil case was brought against Thomas Key, alleging that he had fathered Elizabeth. Such suits were common to get a father to accept responsibility to support a child born out of marriage, or to ensure that the father would help to get the child an apprenticeship. Key first denied paternity of the child, claiming that a ââ¬Å"Turkâ⬠had fathered the child. (A ââ¬Å"Turkâ⬠would have been a non-Christian, which could affect the slave status of the child.) He then accepted paternity and had her baptized as a Christian. Transfer to Higginson At about the same time, he was planning to go to England- perhaps the suit was filed to ensure that he accepted paternity before he left- and he placed the 6-year-old Elizabeth with Humphrey Higginson, who was her godfather. Key specified a term of indenture of nine years, which would bring her to the age of 15, a common time for indenture terms or apprentice terms to expire. In the agreement, he specified that after 9 years, Higginson was to take Elizabeth with him, give her a ââ¬Å"portion,â⬠and then free her to make her own way in the world. Also included in the instructions was that Higginson treat her like a daughter; as later testimony put it, ââ¬Å"user her more Respectfully than a Common servant or slave.â⬠Key then sailed for England, where he died later that year. Colonel Mottram When Elizabeth was about ten years old, Higginson transferred her to a Colonel John Mottram, a justice of the peace- whether it was a transfer or sale is not clear- and he then moved to what is now Northumberland County, Virginia, becoming the first European settler there. He founded a plantation he called Coan Hall. About 1650, Col. Mottram arranged for 20 indentured servants to be brought from England. One of those was William Grinstead, a young lawyer who indentured himself to pay for his passage and work that off during the term of indenture. Grinstead did legal work for Mottram. He also met and fell in love with Elizabeth Key, still held as a bond servant to Mottram, though it was by that time 5 or more years beyond the term of the original agreement between Key and Higginson. Even though Virginia law at that time forbid indentured servants from marrying, having sexual relations or having children, a son, John, was born to Elizabeth Key and William Grinstead. Filing Suit for Freedom In 1655, Mottram died. Those settling the estate assumed that Elizabeth and her son John were slaves for life. Elizabeth and William filed suit in court to recognize both Elizabeth and her son as already free. At the time, the legal situation was ambiguous, with some tradition assuming all ââ¬Å"Negrosâ⬠were slaves no matter the status of their parents, and other tradition assuming English common law where bondage status followed that of the father. Some other cases held that black Christians could not be slaves for life. The law was especially ambiguous if only one parent was an English subject. The suit was based on two factors: first, that her father was a free Englishman, and under English common law whether one was free or in bondage followed the status of the father; and second, that she had been ââ¬Å"long since Christenedâ⬠and was a practicing Christian. A number of people testified. One resurrected that old claim that Elizabethââ¬â¢s father was a ââ¬Å"Turk,â⬠which would have meant neither parent was an English subject. But other witnesses testified that from a very early time, it was common knowledge that Elizabethââ¬â¢s father was Thomas Key. The key witness was an 80-year-old former servant of Key, Elizabeth Newman. The record also showed that she had been called Black Bess or Black Besse. The court found in her favor and granted her freedom, but an appeal court found that she was not free, because she was a ââ¬Å"Negro.â⬠General Assembly and Retrial Then Grinstead filed a petition for Key with the Virginia General Assembly. The Assembly formed a committee to investigate the facts, and found ââ¬Å"That by the Comon Law the Child of a Woman slave begot by a freeman ought to be freeâ⬠and also noted that she had been christened and was ââ¬Å"able to give a very good account of her fayth.â⬠The Assembly returned the case to a lower court. There, on July 21, 1656, the court found that Elizabeth Key and her son John were in fact free persons. The court also required that the Mottram estate give her ââ¬Å"Corn Clothes and Satisfactionâ⬠for her having served many years beyond the end of her term of service. The court formally ââ¬Å"transferredâ⬠to Grinstead ââ¬Å"a maid servantâ⬠. That same day, a marriage ceremony was performed and recorded for Elizabeth and William. Life in Freedom Elizabeth had a second son by Grinstead, named William Grinstead II. (Neither sonââ¬â¢s birth date is recorded.) Grinstead died in 1661, after only five years of marriage. Elizabeth then married another English settler named John Parse or Pearce. When he died, he left 500 acres to Elizabeth and her sons, which allowed them to live out their lives in peace. There are many descendants of Elizabeth and William Grinstead, including a number of famous people (the actor Johnny Depp is one). Later Laws Before the case, there was, as outlined above, some ambiguity in the legal status of the child of a woman who was in bondage and a free father. The assumption of the Mottram estate that Elizabeth and John were slaves for life was not without precedent. But the idea that all of African descent were permanently in bondage was not universal. Some wills and agreements by owners specified terms of service for African slaves, and also specified land or other goods to be granted at the end of the term of service to aid in their new life as fully free persons. For example, a woman, Jone Johnson, daughter of one Anthony Johnson identified as a Negro, was given 100 acres of land by the Indian ruler Debeada in 1657. Keyââ¬â¢s suit won her freedom and established the precedence of the English common law about a child born to a free, English father. In response, Virginia and other states passed laws to override the common lawââ¬â¢s assumptions. Slavery in America became more solidly a race-based and hereditary system. Virginia passed these laws: 1660: the term of indentured servitude was limited to five years- for servants from a Christian country1662: a childââ¬â¢s status as free or bond (slave) status was to follow the motherââ¬â¢s status, contrary to English common law1667: being a Christian did not alter status of bondage1670: prohibited Africans from importing any bonded laborers from anywhere (Africa or England included)1681: children of a European mother and African father were to be in bondage to age 30 In Maryland: 1661: a law was passed making all African Americans in the colony slaves, and all African Americans slaves at birth whatever the status of the parents1664: a new law outlawed marriages between European or English women and African (Negro/black) men Note: while the term ââ¬Å"blackâ⬠or ââ¬Å"Negroâ⬠was sometimes used for Africans from the beginning of the presence of people of African descent in colonial America, the term ââ¬Å"whiteâ⬠came into legal usage in Virginia about 1691, with a law referring to ââ¬Å"English or other white women.â⬠Before that, each nationality was described. In 1640, for instance, a court case described a ââ¬Å"Dutchman,â⬠a ââ¬Å"Scotch manâ⬠and a ââ¬Å"Negro,â⬠all bond servants who escaped to Maryland. An earlier case, 1625, referred to a ââ¬Å"Negro,â⬠a ââ¬Å"Frenchman,â⬠and ââ¬Å"a Portugall.â⬠More about the early history of black or African women in what is now the United States, including how laws and treatment evolved: Timeline of African American History and Women Also known as: Elizabeth Key Grinstead; due to spelling variations common at the time, last name was variously Key, Keye, Kay and Kaye; married name was variously Grinstead, Greensted, Grimstead, and other spellings; final married name was Parse or Pearce Background, Family: Mother: not namedFather: Thomas Key (or Keye or Kay or Kaye) Marriage, Children: husband: William Grinstead (or Greensted or Grimstead or other spellings) (married July 21, 1656; indentured servant and lawyer)children:John GrinsteadWilliam Grinstead IIhusband: John Parce or Pearce (married about 1661)
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