reply to the students’ response and not the question  in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name 

question

      Pick one of Bob Pike’s Laws and comment on it (research his website). . 

Student response

 

One of the major laws of learning by Bob Pike is that learning does not occur unless behavior changes. This is based on the definition of learning by Taylor and Hamdy (2013) that learning is about acquiring new knowledge and skills that will impact one’s behavior. It is therefore notable that the effectiveness of training is based on what the trainees do with what they have learned. As explained by Young (2012), the training will not be successful if the learners do not change their behavior based on the acquired knowledge. For instance, when training employees to change their working styles, the training program would be effective only if they leave their old ways and adapt their new working strategies. It will be a waste of time if employees use the learned skills only during the training program and get back to their old ways immediately after the training.

            As noted by Taylor and Hamdy (2013), for learning to occur, skill practice is very important during training sessions. If the trainers are expected to do things differently, they should be provided with many opportunities so as to be comfortable when accepting new knowledge in a non-threatening environment. This is an indication that learners should have successful experiences to use techniques and information learned in class so as to increase the probability of applying them on the job. With adequate practice, the newly learned knowledge becomes the norm. Additionally, when provided with practical experiences, learners will understand how to apply the learned knowledge and skills in their jobs and thus would be encouraged to use them to improve their efficiency and effectiveness (Stahl & Davis, 2011). This way, learning will have occurred because it would be clear that it has impacted behavior. When training employees, learning will occur if what they are taught is applied in their jobs.     

References

Stahl, S. M., & Davis, R. L. (2011). Best practice in medical teaching. Cambridge: Cambridge University Press.

Taylor, D. C. M., & Hamdy, H. (2013). Adult learning theories: Implications for learning and teaching in medical education: AMEE Guide No. 83. Medical Teacher, 35(11), e1561-e1572.

Young, E. B. (2012). Positioning in the context of adult learning and participation: An interpretive biographical study. SAGE Open, 1, 1-13.

 

QUESTION 1

Mediation embodies the concept of cooperative negotiating.

 True

 False

QUESTION 2

In most states, mediators are required to be licensed attorneys.

 True

 False

QUESTION 3

As a way of settling a legal dispute, mediation is a relatively recent phenomenon.

 True

 False

QUESTION 4

Mediation occurs after a lawsuit has been filed.

 True 

False 

QUESTION 5

A mediator is under an ethical duty to fully disclose and explain the basis of his or her compensation, fees and charges as a mediator to the parties.

 True

 False

QUESTION 6

Highly complex cases involving many issues and several parties typically are not very appropriate for mediation.

 True

 False

QUESTION 7

Mediation usually occurs after the parties have completed most of the discovery in a lawsuit.

 True

 False

QUESTION 8

An arbitration award can be entered as the judgment of a civil court.

 True

 False

QUESTION 9

The opening session of a mediation is usually recorded by a court reporter.

 True

 False

QUESTION 10

Most states require that a mediator be licensed or certified as a third-party neutral.be licensed or certified as a third-party neutral.

 True

 False

QUESTION 11

An arbitrator can make an award based on legal precedence.

 True

 False

QUESTION 12

When a dispute arises under a contract containing an arbitration clause, the parties are required to arbitrate rather than use some other forum to resolve the matter.

 True

 False

QUESTION 13

A binding award can be reviewed by a civil court judge upon the request of any of the parties.

 True

 False

QUESTION 14

Whenever an arbitrator discovers a material conflict, he or she must withdraw from hearing the dispute.

 True

 False

QUESTION 15

The length of time that mediation lasts is the most influential factor in whether or not settlement is reached.settlement is reached.

 True

 False

QUESTION 16

An arbitrator’s power comes exclusively from the agreement of the parties.

 True

 False

QUESTION 17

Unlike a judge, it is proper for an arbitrator to discuss a case with one party without the other party being present.

 True

 False

QUESTION 18

Arbitration is the ADR method used most often to resolve commercial and industrial disputes.

 True

 False

QUESTION 19

Which of the following types of ADR result in an ultimate decision by the parties to the dispute rather than a third party?

A. Mediation

B. Summary Jury Trial

C. Mini-Trial

D. Moderated Settlement Conference

E. A and C, above 

F. A, B, C and D, aboveC and D, above

G. B and D, above     

QUESTION 20

Why are lawsuits difficult to settle early in the dispute rather than “on the courthouse steps?” Choose the answer that least explains why.

A. Early settlement sessions require careful planning and litigators often don’t prepare adequately..

B. It is hard to prepare for trial and also prepare for settlement at the same time. 

C. Clients usually want to settle early, but attorneys do not. 

D. Lawsuits tend to escalate a dispute and make people angry.   

QUESTION 21

Arbitration can be _________ which means the participants must follow the arbitrator’s decision and courts will enforce it. 

A. Binding

B. Nonbinding

C. Enforceable

D. None of the above

QUESTION 22

A Mini-Trial is:

A. Voluntary

B. Private

C. Informal

D. All of the above

QUESTION 23

Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present. The neutral may:

A. facilitate communication between the parties, only where the dispute is acrimonious

B. provide process assistance in drafting the Mini-Trial Agreement

C. not act as facilitator or even mediator during the subsequent negotiations

D. make determinations on disputed discovery only

QUESTION 24

A mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information obtained except:

A. non-identifying information for necessary administrative, research, supervisory or educational purposes

B. with the consent of the participant

C. when required to do so by law

D. all of the above

Discuss and give examples of when age can be a bona fide occupational qualification (BFOQ). What are some examples of age discrimination under the Age Discrimination Employment Act? As the head of human resources, what recommendations would you have to prevent your company from violating this act?

PLEASE REPLY TO MY CLASSMATE RESPONSE TO THE ABOVE QUESTIONS AND EXPLAIN WHY YOU AGREE? (A MINIMUM OF 125 WORDS or MORE) 

                                          CLASSMATE’S POST

Bona fide occupational qualification is (BFOQ) is an exception to the civil rights law that allows an employer to hire employees of a specific gender, religion, or national origin when business necessity/the safe and efficient performance of the particular job/requires it.

Age can be a bona fide occupational qualification when it comes to senior executive retirement at the age of 65.

The Age Discrimination Employment Act (ADEA) prohibits the refusal or failure to hire, discharge, or any discrimination in compensation, terms, conditions, or privileges based on an individual’s age of 40 and older. Some examples of age discrimination under the Age Discrimination Employment Act (ADEA) which are to prohibit the mandatory retirement of employees include mandatory retirement of workers over age 55 while allowing workers under 55 to transfer to another plant location or the denial of a promotion to a qualified worker because the employee is over age 50. 

As the head of human resources, my recommendations to my company in order to prevent violating ADEA would be to adhere to all rules, regulations, and guidelines that have been established to protect the agency when it comes to the hiring, termination, and forced the retirement of employees. 

https://www.healthgrades.com/ratings-and-awards/2015-patient-safety-excellence-award-recipients

Go to the HealthGrades Web site’s Patient Safety Excellence Award™ Recipients 2015 page and review the Patient Safety report of one of the hospitals listed there. Here’s how:

1. The “Patient Safety Excellence Award™ Recipients 2015” page lists hospitals that received the award. Click one of the hospitals, and you will be taken to that hospital’s Hospital Quality report.
2. Click on the Research tab.
3. Under Clinical Quality Ratings, click on all indicators listed to view ratings.

Examine the information in the safety report from the point of view of a patient. State how patient safety ratings would influence your choice of hospital. Which, for you, are the most critical indicators? Give reasons citing indicators and results for those chosen indicators. Write your analysis in one page.

Now, think like a risk manager. List the safety indicators that pertain to the high-risk area you selected in Week 1. This will require some research. Chart audits are widely used, but the information in them varies. For example, checking for proper signatures on all forms and orders can be used universally, while daily recording of medication refrigeration temperature will only be used in some areas.

Select a minimum of three and a maximum of four indicators for measurement in your quality improvement program.

For each indicator, include the following information:

Indicator	Describe the indicator.
Rationale	Explain why this indicator is suitable for the high-risk area you have chosen.
Measurement	Describe and explain how you will measure this indicator.

Finally, explain how these indicators taken together cover all aspects of quality in the high-risk area.

Put together your analysis of patient safety ratings and your list of indicators

  

reply to the students response in 150 words minimum and provide 1 reference

question

Jason works for a car rental agency. Part of his religious observance is to pray several times per day.  He approaches Supervisor Jan with a request for two additional 10-minute breaks per day in order to engage in prayer.

Student response

 

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment practices based on an individual’s race, color, national origin, sex, or religion. The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. (Bennett-Alexander and Hartman, 2019, pg. 544).

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Jason in this case study has not been discriminated against, but rather he is making most of his co-workers uncomfortable with his religion. This is a form of undue hardship to his co workers and the retail store as a whole. In Title VII, the prohibition against religious discrimination is not absolute. An employer can discriminate against an employee for religious reasons if to do otherwise causes the employer undue hardship. When the employer discovers a religious conflict between the employer’s policy and the employee’s religion, the employer’s first responsibility is to attempt accommodation. (Bennett-Alexander and Hartman, 2019, pg. 547). Supervisor Jan seemed like he has accommodated Jason for a while and now there is complaint from other employees of how it is introducing undue hardship. After an employee or prospective employee notifies the employer or labor organization of his or her need for a religious accommodation, the employer or labor organization has an obligation to reasonably accommodate the individual’s religious practices. A refusal to accommodate is justified only when an employer or labor organization can demonstrate that an undue hardship would in fact result from each available alternative method of accommodation. The New York Times reported that a survey of 743 human resource professionals by the Society for Human Resource Management indicated that the most common religion-related issues among employees are employees proselytizing (20 percent), employees feeling harassed by co-workers’ religious expressions (14 percent), employees objecting to job duties (9 percent), and employees harassing co-workers for their religious beliefs (6 percent).

In Vargas v. Sears, Roebuck & Company,89 the employer attempted to accommodate the Hispanic employee’s Native American religious belief involving letting his hair grow. The employee’s wearing his hair in a ponytail violated the employer’s appearance policy. The employer suggested tucking the ponytail inside the employee’s shirt or jacket, but the employee refused to even consider it and provided no suggestions of his own. The court held that the employee had not shown that the employer failed to attempt to accommodate the religious conflict and the employee’s termination was upheld. This is similar to Jason’s case in the sense that there is undue hardship to the company and other employees, also there is some form of accommodation from the employer.

There are no set rules about what constitutes undue hardship since each employer operates under different circumstances. What may be hardship for one employer may not be for another. What constitutes an undue hardship is addressed by the EEOC and courts on an individual basis. (Bennett-Alexander and Hartman, 2019, pg. 550).  Supervisor Jan should talk to Jason and let him understand that his attitude at work is bringing undue hardship to the other employees. Jan should also talk to the HR department to see if they can accommodate Jason to move his bible studies to after working hours. Unless it would be an undue hardship on the employer’s operation of its business, an employer must reasonably accommodate an employee’s religious beliefs or practices. If the accommodation is deemed an undue hardship and will substantially harm the morale of other employees, reduces efficiency in other jobs, infringes on the rights of other workers, creates safety concerns, or requires coworkers to take on extra work that is burdensome then the finally decision is to fire Jason.

Bennett-Alexander, D and Hartman, L. (2019). Employment Law for Business. McGraw Hill Education. (pg. 544,547 & 550)

U.S EEOC. (2019). Title VII of the Civil Rights Act of 1964. Retrieved from www.eeoc.gov

The New York Times. (2019). Human resource management survey on religion and workplace. Retrieved from www.nytimes.com.