Monday, October 12, 2020

The claims process through the (EEOC) and the civil litigation process from the state level through the Supreme Court

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Abstract


In this paper, I will discuss the claims process through the Equal Employment Opportunity Commission, and the civil litigation process from the state level through the Supreme Court. In researching these topics, I gathered information from the Internet.


The claims process through the (EEOC) and the civil litigation process from the state level through the Supreme Court


There is a process in which to remedy discrimination against an employee. I will discuss the practices that need to be followed in order to file a formal complaint with the EEOC. I will also talk about the civil litigation process from the state level through the Supreme Court. I researched these topics at length on the Internet, and have found that there are many different steps that need to be taken in order to come to resolution of a complaint.


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Method


I researched this topic in a variety of different ways. I read the textbook assigned to this class as well as searching the Internet for any relevant information.


A person who feels that they have been discriminated against must first contact an EEO counselor. This must be done within 45 days of the incident and prior to filing a formal complaint. The counselor will sit down with them and disclose all of their rights in writing. The counselor will explain the procedures that need to be followed when filing a complaint, the time frames that need to be adhered to, and attempt to help resolve the problem informally. This counseling must take place within 0 days of the date that the EEO office was contacted and


counseling was requested. An additional 60-day extension is allowable upon meeting certain criteria. If the issue has not been resolved at the end of the time period, a "Notice of Final Interview" will be sent to the aggrieved party. This "notice" advises them that they have 15 days to file a complaint. Once a formal complaint is filed, the agency has 180 days to investigate the complaint. The agency will then provide the complainant with a copy of their investigative file. The complainant then has 0 days to request a hearing and a decision from an EEOC AJ. Once a request for a hearing has been received and the complaint file has arrived, the AJ must conduct the hearing within 180 days. Once a decision has been made, the AJ must issue a final order within 40 days. Each complainant has the right to appeal the final order. When filing an appeal, "The EEOCs decision will be based on a preponderance of the evidence. The decision will also inform the complainant of his or her right to file a civil action." The U.S. Equal Opportunity Employment Opportunity Commission's website (http//eeoc.gov/federal/fedprocess.html). At this point a civil action may be filed.


When filing a civil action, there are certain steps you need to take. If your claim is for $000.00 or less, you make take your case to small claims court. If it is for over $000.00, the first step that needs to be taken in any action is to consult a lawyer who will advise you of the merits of your claim, and any potential outcome. Your lawyer will also assist you in making sure that you are aware of all limitation dates. At this point a statement of claim needs to be prepared. This


statement will outline your position and make a claim for either a liquidated or unliquidated amount of damages. The court will issue this statement and the original copy is served on the Defendant. Once proof of service has been received, the person served has 10 days in which to file a defense to the action. This defense must be filed with the court, and a copy sent to the plaintiff's lawyer. If this is not done within the time period allotted, the plaintiff has the right to apply to the court for a default judgement. If the defense needs more time to prepare the action, the plaintiff's lawyer can grant a reasonable extension. This is a common practice as 10 days is not enough time to advise a client, and prepare a proper defense. Once the defense has been received both sides start the information gathering process. They will review documents, and interview people and prepare a "book of documents". This book has to be served upon the defendant's lawyer, and a list of the documents must be filed with the court. Once the defendant's lawyer receives this book, he has 10 days in which to produce the "defendants book of documents". As with the defense, the plaintiff's lawyer may grant an extension. Once the document disclosure has been accomplished, the discovery phase takes place. This is where both sides "discover" each other's witnesses. They interview some or all of the witnesses under oath, and this interview is recorded, and may be used in court later. The interview has to take place when both lawyers can be present, and the witness has the amount of time available that the lawyer needs. Once all the documents have been exchanged, and the discoveries are completed, both sides need to submit to the court a "Certificate of Readiness for Trial". This tells the court


whether or not both sides feel that it would be beneficial to have a settlement conference before the judge. If they feel that it would be beneficial, a date is set and both lawyers must be available for that whole day. Each lawyer has to prepare a "Settlement Conference Brief", and this has to be submitted to the court before the conference date. Each side will present the case that they must meet. This is done informally, and no witnesses are called. The clients may or may not be present. At the settlement conference, the judge will attempt to facilitate between the two parties. If no resolution can be reached, the judge will make a non-binding judgement. The parties can choose to accept it or continue to trial. A different judge who has no knowledge of the outcome of the settlement conference will hear the trial. Once it has been determined that a case must go to trial, a pre-trial conference date is set. On that date both lawyers meet briefly with another judge so that the judge can determine that both parties agree upon the issues for trial, all preliminary matters have been dealt with, and that both parties are ready to proceed to trial. At this time a trial date is set, and the lawyers work to prepare all witnesses for trial and gather all other documentation needed. At the end of the trial, the judge reserves the right to go back over all the evidence presented, and will not necessarily make a judgement immediately.


The civil litigation road is a long one. Although the process is very orderly, and the steps are logical, they are all very time consuming. To resolve a civil litigation case successfully, you must have a good understanding of the process, and be able to use it effectively.


References


The U.S. Equal Opportunity Employment Opportunity Commission's website (http//eeoc.gov/federal/fedprocess.html).


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Rap with criticaim

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Since rap music hit the mainstream, white America has criticized it for its violent, sexual lyrics that seem to encourage teenagers to follow suit. Eminem is one of the most persecuted and misunderstood rappers still producing. "Sing for the Moment" by Eminem captures rap culture by explaining why and how teens relate to the lyrics, by describing why artists continue to write and sing, and by refuting middle class criticisms of rap and rock.


After becoming one of the most popular rappers, many listeners, especially teenage boys have deeply identified with Eminem's descriptions of anger, loneliness, and inspiration. For example, in "Sing for the Moment", he says "they sit and they cry at night, wishing they'd die till they throw on a rap record…" He knows that he is affecting and ultimately helping many people who would otherwise feel hopeless. He also understands that music, rap, can be an inspiration and a release for many. Eminem will continue to try to "size the moment" and understand himself and the world through his lyrics and music.


In "Sing for the Moment", he explains why popular rappers continue to produce even though they suffer harsh criticism.


For example, he points out parents and officials believe he is responsible for acts of violence done by others. His opinion is that music or words cannot force someone to act out. Furthermore, he suggests that American society is filled with negligent parents and hypocritical government officials. Teens turn to violence and drugs because the world they live in is devoid of love and stability, not because the music they listen to depicts anger and a culture of poverty.


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Thursday, October 8, 2020

Yada

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Invisible Man was heavily influenced by the work of a number of twentieth-century French writers known as the existentialists. Existentialism, whose foremost proponents included Albert Camus and Jean-Paul Sartre, explored the question of individuality and the nature of meaning in a seemingly meaningless universe. Ellison adapted the existentialists universal themes to the black experience of oppression and prejudice in America.


I use Ralph Ellisons Invisible Man to consider the requirements of existentialism to be relevant to racialized experience. Black existentialism is distinguished from white existentialism by its focus on anti-black racism. However, black existentialism is similar to white existentialism in its moral requirement that agents take responsibility so as to be in good faith. Ralph Ellisons invisible man displays good faith at the end of the novel by assuming responsibility for his particular situation. The idiosyncratic development of the novel can be interpreted as an example of the ways in which existentialist values ought to be instantiated through unique individual experience. However, blackness, or any racial identity, is not itself an existential structure because it is not universal. Rather, existentialist requirements for good faith can be applied to racialized situations by both whites and blacks.


I looked at Ras on his horse and at their handful of guns and recognized the absurdity of the whole night and of the simple yet confoundingly complex arrangement of hope and desire, fear and hate, that had brought me here still running, and knowing now who I was and where I was and knowing too that I had no longer to run for or from the Jacks and the Emersons and the Bledsoes and Nortons, but only from their confusion, impatience, and refusal to recognize the beautiful absurdity of their American identity and mine…. And I knew that it was better to live out ones own absurdity than to die for that of others, whether for Rass or Jacks.


The narrator experiences this moment of epiphany during his confrontation with Ras in Chapter Twenty-Five. This scene represents a key moment in the narrators existential breakthrough, as he realizes that his own identity is the source of meaning in his life and that acting to fulfill the expectations of others can only prove destructive. Rass threatening to kill the narrator makes the narrator see the world as meaningless and absurd and the complexity of American life as equally absurd. (Ellison borrows the word absurd directly from the work of the French existentialists, who characterized the universe as such and claimed that the only meaning to be found in existence is that with which the individual invests his own life.) The only motivation to which the narrator can cling is an affirmation that his own absurdity is more important to him than Jacks or Rass. The action of hurling Rass spear back at him demonstrates the narrators refusal to be subject any longer to others visions and demandshe finally commits himself fully to an attempt to assert his true identity.


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What if sports was more important than anything else?

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Jennifer Martin sat in the assembly at Riverside High School, on the first day of her senior year, waiting to be recognized as the student with the highest grade point average in her class. This ceremony was a tradition in her school where grades were very important. She had always excelled in school and was excited to begin her senior year getting credit for all her hard work and dedication over the past three years. As Riverside's principal was giving the usual speech about how a "good student" should act, he then pointed to Jennifer as an example of how a "good student" should not act. The principal said, "Jennifer spends entirely too much time on her schoolwork, and doesn't even participate in any sports. You should be ashamed of yourself." He went on to say that schoolwork is no longer important at Riverside High and sports should now be everyone's top priority.


After the assembly Jennifer went back to class feeling very angry and confused. How could this happen to her? She had worked so hard for nothing. Later that day a letter was given to all the students during homeroom that stated If you are not in a sport you are unwanted in the school. The only reason it gave for the big change in the school's policy was that Riverside High School needed more money. The school believed that if it had good volleyball, basketball and baseball teams; more people would come to the games to watch the award winning teams. Sporting events would bring in funds that were needed to run the school.


The following week was terrible for Jennifer. The smart and respected girl from Riverside now became an outcast. When she walked down the hallway people would stare at her as though she were from a different planet. It was as though they had all been brainwashed. Everyone who hadn't been in a sport quickly joined one, including all of her friends. No one spoke out against the new school policy. From the outside, her school looked like any other school, focused on learning. On the inside it was quite different because everything revolved around sports. Now the only classes available were designed to help everyone perform better in sports.


All Riverside's funds were spent on sports. The school built a new gym, improved the track so it was better than any in the state, and the bleachers and lights were replaced on the football field. The pompon and cheerleading squads were enlarged to increase the fans' involvement in the games.


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Some other activities were also seen as being unimportant because of the new school policy. Jennifer was once very involved in the drama department, but that was cut. She felt very uncomfortable in the school she had once loved to come to every morning. Jennifer thought that if she got involved and stood up for what she believed was right more people would join her cause, but no one did.


When graduation day crept closer Jennifer was happy that her final year of high school was almost over. When she discovered that the two top athletes would become valedictorian and salutatorian she felt this was an appropriate end to a horrible year. At the Riverside High School graduation ceremony she breathed a sigh of relief, the year was finally over.


After the horrible year and summer, Jennifer went to college planning to become a lawyer. She tried to never look back at her senior year, but she could never forget the looks on her classmates' faces every time she walked down the hallway. She finally forgot about her high school experience when she became the valedictorian of her senior class in college.


This story is not true, but it does sometimes feel that athletes get away with things that other students aren't able to get away with. It states in the student handbook on page 44 athletes at Riverton High School can be failing three classes and continue to participate in school games. In some schools, athletes take simpler tests to pass a class when compared to the tests taken by the rest of the class. Athletes shouldn't be treated any better or worse than anyone else in the school. It is unfortunate that a crowd will attend a sporting event, but no one is even aware of when a scholastic bowl competition is scheduled. It is unfair that bright students are sometimes overlooked. In this story, Jennifer was seen as being an outsider because academics were important to her. All students have abilities that should be recognized and valued.


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Wednesday, October 7, 2020

Brazil's Tragedy

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Brazil mourns 1 victims of rocket blast; probe continues



Brazil's endeavor to kick-start its space program experienced another set-back on Saturday as its VLS-1 V0 rocket exploded on launch in its attempt to place a research satellite in space. Twenty-one people, mostly civilian technicians, were killed and 0 were injured. The explosion also damaged two research satellites. The rocket lifted off from the Alcantara Launch Center near Sao Luis, Brazil. Just minutes later, the rockets second stage failed to ignite. Safety personnel sent commands to destroy the rocket 00 seconds into flight, sending debris raining down into the Atlantic Ocean. The $7.5 million rocket was carrying the SACI- satellite designed to study the atmosphere. Saturdays failure was the second for the VLS-1 V0 rocket, which malfunctioned in 17 when one of the first stage strap-on boosters did not ignite. The governor of Moranhao state, Jose Reinaldo Tavares, declared three days of mourning after the devastating disaster. Presidential spokesman, Andre Singer, said, "The president of the Republic profoundly regrets the deaths of the workers at the Alcantara base. The Brazilian space program is an important scientific and technological project for our country, and today is a day of mourning."



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The Jersey Shore

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Everyone has a comfortable place to escape for relaxation. The place that I feel most comfortable is the Jersey Shore. The Jersey Shore is known for its beautiful beaches and long boardwalks. Summertime at the beach relaxes me like no exact place could. Everything at the beach intrigues me, and truly brings out my five senses, from the feeling of the grainy sand on your feet to smell of the salty air. Life at the beach is my nirvana. Before I get to the shore, the first thing I notice is the smell of the water in the air to the point where I can almost taste it. That's when I know I've arrived. To me it is like smelling a warm apple pie a block away left out on the window to cool off. The closer I get to the beach the stronger the scent is. To me this sent is comforting to my soul and relaxes me.


When I look around me, at the beach, I always see beautiful bright clear things. The old splintered boardwalk, as beautiful as it is, stands out among the deep blue sea. Walking on the boardwalk, there are many games to play, foods to eat, and things to buy. As I relax on the beach I gracefully watch children play tag with the waves. Above me in the vast blue sky I see kites rise above the clouds and soar benevolently in the wind. As I look out ahead, I can't help but admire the beautiful blue sea and its endless horizon. The sky is a beautiful landscape blue with little clouds, if any, in it.


I love listening to the sounds of nature around me. Whether I'm walking on the boardwalk or lying on the beach I can't help admire the many sounds around me. The sounds of the beach are like harmony. Like a train arriving to its station, the thick salty air blows on my face with a whistle as it pushes through the beach. Seagulls peacefully chirp as they fly overhead searching through the beach for food. As the crash of waves thunders through my ears, it brings me back to reality while I daydream. The sounds of children cheerfully playing and making their beautiful sand castles sends me back in time to recall my childhood memories.


Everything on the beach has its own unique feel. Placing my feet on to the hot grainy sand feels comforting to my feet as I gracefully walk across the shore. The salty air blowing on my face feels cool and wet as it passes the hot summer beach. Placing your body on the hot grainy sand feels like a complete body massage that only nature can give. But the best feeling of all is when I plunge into the ocean's cold salty water, it feels so refreshing to my skin like a nice cold glass of water on a hot summer day.


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The Jersey Shore is my most comfortable place mainly because of the sights, sounds, and unique feel of everything mentioned in this essay. When I'm there, I feel totally relaxed to the point where imagination has overtaken my body. Summer is my favorite season and nature when its summer is relaxing and comfortable all the time. Most of all, the Jersey Shore is most comfortable place because it is my favorite place to be on the earth.


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Tuesday, October 6, 2020

Sanctuaries

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Sanctuaries


"I have a universe inside me, where I can go and a spirit guides me. There I can ask oh any question, I get the answers if I listen…" Healing Room --Sinead O' Connor-


Every person has their own special, secret sanctuary. Every person needs one, or they'd just lose it. Life is always full of little surprises here and there. Always has some way to bamboozle you with all those twists and turns. Makes you feel like a bird flying high, high up in the air. Whether it's a new love, a old love, some money, a animal…then all of a sudden-BHAM- a gunshot fired, your life spinning out of control, you are spiraling down, plummeting toward the earth, only dreading the oncoming impact-not knowing what kind of pain is waiting for you. Every thing shatters like so much glass…whether your new or old love just broke your heart, you found out you're bankrupt, or that animal just bit you. You need a place to turn to. A place to find solace, and just relinquish your every-little-thing. Just give it up for a couple minutes. Hours. Days. There's no certainties in life-you're always guessing. And your one little 'peace of mind place', your little sanctuary, you know you can always count on that. You can go there in the dark of your mind, and everything's the same, its all for you, all waiting only on you. Your little fantasyland, a land where you have to be careful not to stay forever, only for the needed time…it can seem so real…then it's all gone.


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"Life unfolds on a great sheet called time, and once finished it is gone forever."


Chinese Adage-


"The angry man will defeat himself in battle as well in life."


Samurai Maxim-


Anger is one of the strongest emotions known to human kind. And the last thing you want is to keep it all bottled up like soda that is continuously being shaken until all these bubble just fizz and build … and pretty soon, you feel a explosion coming on any second. I've yet to clear my system of anger, it still seethes, running underneath my skin. It's a ongoing project you could say. Yoga helps. It makes my soul grow. I can feel it expanding…pushing, my mind and soul combined; germinating with in me- it enables me to experience beauty. But yoga to me pales in comparison to martial arts. Zen through yoga and Zen through Jujitsu, are in no way the same. Through pain can come a completely different level of pleasure-it opens a whole new world. People seem to live in denial about anger. Like they won't accept it as a true emotion. But it's as real as happiness, sadness, night and day. The problem is when we refuse to realize that. By learning to accept out anger we will learn to control it. The only way to live with a emotion, is to experience it and go through the pain…until the pain is no more. Then we can move on. I think everyone should 'zenify' themselves. We'll all be much happier. J


"Control your emotion, or it will control you."


Chinese Adage-


" It is easier to pull the trigger than it is to play the guitar, it is easier to destroy than it is to create."


-Desperado-


I've always enjoyed just sitting back and watching, observing. Observe everything around me, just take it all in like a sopping wet sponge. By taking in everything around me, I take in all the emotions floating around in the air-absorb them into my skin-my pores…and then I let them travel right to my sacred bleeding heart. Often times, I find that I just care too much…this is why I feel so much pain. My heart winces every time I see a dead raccoon on the side of the road, a tree getting chopped down, or a child being reprimanded. Through my short years of watching humans and animals, emotions and reactions, I've learned so much. More than most people I believe learn in a lifetime. You only have to be open to it. I have come to know what to expect. Humans are the most fascinating to me. Why people do the things they do, what they're feeling when they're doing it, how the aftermath will affect them and so on. Many people have told me I am the definition of a misanthrope. I suppose in some aspects it is true…but in another light, it could not be farther from the truth. A hate love relationship. That seems to be the only type of relationship I know. The hate and disgust… I feel for humans as a whole…we're a general plague-a virus destroying and knocking down everything in its path. We have even come to the point where we are destroying each other. When we actually do commit to a creation and give birth to something new and wonderful-it never ceases to take my breath away. But a creation seems to be such a rarity…an oddity. The love I feel for some …is just so strong, so great, I feel like my heart will explode, I feel like I could take on all the hate and evil in the world…and I do. With very bit of love in me. I lose myself in love, but never in hate. I lose myself in creation, but never in destruction. I take such comfort in losing myself in another person. Pick through their beautiful brain like a doctor operating…so carefully, until finally…I find their sacred bleeding heart. And you know what I do then? I feed off it; just drink it up like nectar, until I forget everything but their very own thoughts, feelings, their raw primal emotions…so simple…but so strong…such a terrible simplicity.


"Knowing others is wisdom, knowing yourself is enlightenment."


Lao Tzu-


"Gently, my mind escapes, to the relaxing world of pleasure, a pleasure that will take my mind, off the reality of my life, my past life, life as I know it now."


Gently-Slipknot-


The Incas were an amazing society. Their mathematical accomplishments, their cities that are now breathtaking ruins like Machu Picchu, Pisac, Tambomachay, Sascahuyman, or Ollantaytambo, and even their beliefs. They are also my ancestors. I am a lot of things, German, Irish, Cherokee, even Spanish gypsy. But I must admit, that I take the most pride in my Incan/Peruvian heritage. My father was born in the old Incan now Quechuan town of Ollantaytambo. A couple of years ago, my family and I visited the awe-inspiring country of Peru. I remember up in the high mountain at Machu Picchu and Huaynu Picchu, running my hands along their ruins, the walls my ancestors built-still as smooth as silk. This is where they lived, slept, ate, worked. I felt like I was at home. My whole world was moving at such a perfect place. Like all the planets lined up, just for me. This was what I believe pure happiness feels like. I knew my way around those ruins, I knew what each room was used for, where the sun dial was, even though I had never been there before, even though I had no map. Remembering back on what I had experienced there, it brings chills up and down my body like tiny little pins pricking, tantalizing my mind. Every now and then… when things hurt just a little too much, I oh so slowly let myself slip back to my beautiful Peru, where my life finally had come together like a jigsaw puzzle I couldn't figure out. My heart could rest there. I belong there. That is my home.


"One day I'll fly away, leave all this to yesterday. Why live life from dream to dream, and dread the day when dreaming ends?"


-Moulin Rouge-


Looking out the window, all my life, I have always seen birds. It doesn't matter how many, sometimes it is only one, other times it is many. But I always see them, even when the sky is empty. Birds flying so gracefully, swooping down here and there, everywhere. Flying off onto the distant somewhere. Somewhere beautiful, a mysterious world, one I yearn to know. To visit, to experience. Just for one day, to know full and complete happiness, just for one day. Away from here…off in the clear blue sky. Away from this world…away from all this pain and suffering. One day I'll be just like those birds, I'll know where they are going and I'll know secrets about that other world, my beautiful world, secrets that no one could ever understand. But me. And I'll laugh to myself. One day I'll be just like those birds, and I'll just fly…fly away.


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