Real Boys Essay -- English Literature Essays

Real Boys While Reading the book Real Boys by Dr. William Pollack, I realized that our society is holding boys to contradictory standards aiding the problems that many of them face while in adolescence. This book introduces the reader to numerous boys who share their feelings of shame and despair in trying to live up to the "Boy Code". Pollack feels the pain that comes from boys prematurely separating from their mothers puts them on the cycle to hardening themselves emotionally. The one acceptable emotion becomes anger. Throughout the book Pollack encourages parents to take time with their sons in helping them express their feelings while showing them empathy and love. Pollack discusses the ways parents can help their boys escape from the gender straightjacket that is imposed upon them. Pollack exposes myths that negatively portray boys as macho creatures shaped by testosterone with no social skills. He instead presents examples of boys who are emphatic as a result of nurturing parents and educates the reader to be aware that boys express their love through action and work. Pollack includes chapters regarding the different but equally important role of mothers and fathers in bringing up their sons. He also writes about the effect of healthy relationships with peers and the devastation that some boys feel when they discover they are homosexual. Pollack takes on the schools in failing boys in a number of ways but specifically for failing to understand the Boy Code. Boys continue to lose self-esteem as the mask of masculinity tightens and they conform to what society expects from them, interfering with their ability to learn effectively. Dr. Pollack not only gives us the problems that face the adolescent boy he also gives us suggestions to remedy and rectify the situation. This is nice instead of simply offering negative statements he actually offers the reader a solution. Another beneficial aspect of Dr. Pollack’s writing is the fact that he uses so many references to his research and the research of other notable psychologists instead of over emphasizing the personal instances in his own life. When he wants to emphasize a point with a real life person, he uses a third party. When speaking of these contradictory codes that a young boys is taught to live by, Dr. Pollack says: "Boys have had to learn to walk a fine line. Have intimacy without sentimen... ...ollack talks on breaking down gender stereotypes; he seems to perpetuate them by seeming to insist that the mom be the central part of upbringing. Extensive sections on single moms but the only discussion of single dad households is two sentences which state that research showing relatively positive outcomes (i.e. relative to mom getting sole custody, not relative to intact families) is controversial. Pollack notes that Dads are more likely to suffer from depression after a divorce but does not draw the logical reason. Dads lose far more than moms in a divorce. Yes moms economic status goes down more, but she tends to keep what is really important... the kids. Even today the courts are horribly biased against men in divorce cases. A mom must be totally unfit to not get at least joint custody, dad has to fight for minimal visitation rights. These are however minor quibbles with the book, the central principle of the book: Today’s boys are in big trouble, and much of that tr ouble stems from never being allowed to show any negative emotion other than anger, is a very important one. Boys are not toxic they need our love and support, even if they put on a tough self-sufficient disguise.

Do The Right Thing Essay -- essays research papers

Director and actor Spike Lee presents his "truth" about race relations in his movie Do the Right Thing. The film exhibits the spectacle of black discrimination and racial altercations. Through serious, angry, and loud sounds, Lee stays true to the ethnicity of his characters, all of which reflect their own individualism. Lee uses insulting diction and intense scenes to show how severe racism can lead to violence. The disturbing scene where different nationalities badger their opinions on each other shows poor communication and horrible stereotyping. This is an example of antilocution. Pino's Italian slang, Mookies black talk, and Korean obscenities are all mixed together to show how communication grows impossible among different ethnic groups. Spike Lee is trying to show how nonsense language results in a snowball effect which worsens any situation. The theme of trust appears in scenes involving the same race or color. In the same way, distrust shows among people of different backgrounds. Radio Raheem and Mookie engage in a significant conversation of love and hate. Raheem tells, "Right hand is for love, left for hate. One is always fighting the other." Through Raheem's character, Lee expresses black brotherhood and trust between people of the same ethnicity. In the present, people still carry that close bond within their own nationality. If Radio Raheem as well as the people of today open a hand with trust in someone of different origin from themselves, ... Do The Right Thing Essay -- essays research papers Director and actor Spike Lee presents his "truth" about race relations in his movie Do the Right Thing. The film exhibits the spectacle of black discrimination and racial altercations. Through serious, angry, and loud sounds, Lee stays true to the ethnicity of his characters, all of which reflect their own individualism. Lee uses insulting diction and intense scenes to show how severe racism can lead to violence. The disturbing scene where different nationalities badger their opinions on each other shows poor communication and horrible stereotyping. This is an example of antilocution. Pino's Italian slang, Mookies black talk, and Korean obscenities are all mixed together to show how communication grows impossible among different ethnic groups. Spike Lee is trying to show how nonsense language results in a snowball effect which worsens any situation. The theme of trust appears in scenes involving the same race or color. In the same way, distrust shows among people of different backgrounds. Radio Raheem and Mookie engage in a significant conversation of love and hate. Raheem tells, "Right hand is for love, left for hate. One is always fighting the other." Through Raheem's character, Lee expresses black brotherhood and trust between people of the same ethnicity. In the present, people still carry that close bond within their own nationality. If Radio Raheem as well as the people of today open a hand with trust in someone of different origin from themselves, ...

The Ada and Disability Related Harassment

The Americans with Disabilities Act (ADA) and Disability-Related Harassment A Self-Advocacy Guide 3839 North Third Street Suite 209 Phoenix, AZ 85012 602-274-6287 (voice or TTY) 800-927-2260 (toll free) 602-274-6779 (fax) 100 North Stone Avenue Suite 305 Tucson, AZ 85701 520-327-9547 (voice) 800-922-1447 (toll free) 877-327-7754 (TTY) 520-884-0992 (fax) www. azdisabilitylaw. org [email  protected] org This guide was written by former University of Arizona, College of Law students: Kraig Gardner, Kevin Lira, Ryan McCarthy, Ruth Mendus, Cathy Nelson and Denise Quinterra.Funding for this document is provided by the United States Department of Health and Human Services, Administration on Developmental Disabilities and Community Mental Health Services and the United States Department of Education, Rehabilitation Services Administration. Federal and state law can change at any time. If there is any question about the continued validity of any information in the handbook, contact the Ariz ona Center for Disability Law or an attorney in your community. The purpose of this guide is to provide general information to individuals regarding their rights and protections under the law.It is not intended as a substitute for legal advice. You may wish to contact the Arizona Center for Disability Law or consult with a lawyer in your community if you require further information. This guide is available in alternative formats upon request. Revised 100307 E-8 1 The Americans With Disabilities Act (ADA) and Disability-Related Harassment TABLE OF CONTENTS A. Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 1.Scope of this Guide †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 2 3. The Difference Between Disability-Related Harassment and Retaliation. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 2 4.Other Types of Discrimination †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚ ¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3 B. Proving Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 1. Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 2. Elements of a Claim †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3. Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 4 C. The Rules About Employer Liability For Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 8 1. Introduction. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 2. Owner Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3. Supervisor Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 4. Co-Worker Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 5. Non-Employee Harassment†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 D. E. F. G. Duty to Employees to Avoid or Limit Harm †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Employer’s Responsibility to Prevent/Stop Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 12 Steps to Take If Your Employer Does Not Take Appropriate Action †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 13 Introduction to the Americans with Disabilities (ADA) and this Guide†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 15 1. What Does the ADA Cover? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 16 3.Why Does the ADA Include Employment Protections? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 4. When Do the ADA Employment Protections Apply? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 5. What Employers are Covered by the ADA? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 18 H. Legal Resources†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚ ¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 19 A. Disability-Related Harassment 1. Scope of this GuideThis guide is meant to explain and describe: (1) Harassment based on disability; (2) when an employer is liable for harassment, and (3) some ways of dealing with harassment. The ADA protections described are available only to people who are qualified individuals with a disability under the ADA or who are harassed because of an association with a person with a disability (for example, a parent, son, daughter, friend, or co-worker of a person with a disability). If you are uncertain whether you are protected under the ADA, the Center has a guide that explains the meaning of the words, disability nd qualified. The title of that guide is, An Overview of the Employment Protections of the ADA. This guide is not intended to inform you about all employment-related claims, only those having to do with disability-related harassment under the ADA. This guide does not cover: à ¢â‚¬ ¢ retaliation; †¢ state law protections, such as worker’s compensation claims; †¢ tort claims related to harassment; or †¢ criminal claims related to harassment. Rasool works at a restaurant. He has a psychiatric illness. Several of his co-workers were very prejudiced and afraid of him because of his disability.To try and harass Rasool, they spraypainted his car with the word â€Å"crazy† and slashed his tires. Rasool’s co-workers may not only be harassing him in violation of the ADA, but also may have committed a crime. This guide does not cover criminal law and penalties. Report criminal conduct at the workplace to your employer. Your employer should report crimes to the police. If it does not, you should report crimes directly. Josefina has cerebral palsy. Her supervisor calls her offensive names related to her disability frequently and in front of all other employees.Josefina is humiliated and distressed by this treatment. She suffers phy sical symptoms, such as ulcers, that may be related to the treatment. Her employer may be in violation of the ADA. Josefina may have other state claims for emotional distress, including worker’s compensation. This guide does not provide information about these kinds of claims. For more information, contact a private attorney handling worker’s compensation. Visit the Arizona State bar directory at www. azbar. org for a list of attorneys specializing in worker’s compensation. 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. The ADA was created to provide workers with disabilities a â€Å"level playing field† in the workplace. It requires employers to provide accessible facilities, to make special accommodations to the needs of protected workers, and to have employment practices that do not discriminate. The ADA also prohibits harassment based on disability, just as other federal laws prohibit harassment based on race, gender, national origin and religion.It is important to understand the difference between harassment and disability- related harassment. The law does not protect workers with disabilities, or any workers, from rude or uncivil people. The harassment must be severe and related to a person’s disability for the ADA to offer protection. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow. He often screams and yells when things do not go smoothly on the production line.Jane feels like Dan does not like her and the other workers. Dan may be harassing Jane in the common everyday meaning of harassment. Unfortunately, even though Dan’s behavior is not how we would like to see supervisors behave, it is not disability-related harassment. Let’s look at a situation that is very similar to the one in the first exam ple. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow.He also makes comments to Jane like â€Å"what’s the matter, didn’t you hear me? † and â€Å"can’t you understand anything? I thought you were deaf, not stupid. † Here, Dan’s harassment is related to Jane’s disability. It doesn’t matter if Dan is mean and rude to everyone else as well. When Dan’s harassment is severe and focuses on Jane’s disability, it is disability-related harassment. Making hostile comments is not the only form of disability-related harassment. Offensive jokes about persons with disabilities and offensive gestures and behavior can also be disability-related harassment. . The Difference Between Disability-Related Harassment and Retaliation. Another kind of treatment that is comm only confused with disability-related harassment is retaliation. Retaliation is adverse action taken against an employee because the employee (1) 2 opposed action by an employer that violated the ADA, or (2) participated in filing a formal complaint with the Equal Employment Opportunity Commission or the Arizona Civil Rights Division of the Attorney General’s Office. An employer can use â€Å"harassment† to retaliate.For example, an employer can harass an employee because the employee requested an ADA accommodation. An employer could also retaliate by harassing an employee who filed an ADA charge of discrimination when denied a promotion. Both retaliation and disability-related harassment violate the ADA. It is useful to know the difference between retaliation and harassment when you are making a complaint to the EEOC. Bob has paraplegia. He uses a wheelchair. Sue is Bob’s supervisor. Part of Bob’s job includes occasionally going to the room where the old files are stored to get these old files.Some of the files are on high shelves that Bob has trouble reaching without help. Bob asked Sue if someone else could do the job of getting the old files. Sue said no. Before this, Bob had never had any problems with Sue. Bob decided to make a request for an accommodation to the department head, who is Sue’s boss. Sue was furious. She yelled at Bob for 15 minutes and told him that if he ever went above her head again that she would â€Å"make him sorry†. She asked him to withdraw his request for an accommodation. Bob refused.During the next week, Sue began to ask Bob to do things that had never been part of his job before. She started asking him to deliver papers all over the building. Bob had no problem doing this because the building was wheelchair accessible, but it took him quite a bit longer than it would have anyone not in a wheelchair because the accessible elevator was on the other side of the building. Sue complained to Bob that he was taking too long to do these deliveries. Bob tried to explain why it took him longer to deliver the papers, but Sue wasn’t interested.Bob tried to do the deliveries faster, but Sue wrote him up when he took longer than 15 minutes. After being written up 3 times in the next week, Sue fired him. When Bob complained to the EEOC, he told them he was harassed in retaliation for requesting an ADA accommodation. 4. Other Types of Discrimination Sometimes, other types of discrimination feel like harassment. When an employer treats a person differently because of his/her disability in any of the conditions or terms of employment, it may feel like harassment.For example, if a person with a disability has been working for the company for many years and has never been permitted to go to a training to improve his skills, yet employees with less company seniority are often sent to training, this may be discrimination in the terms of employment. For more information about yo ur right as a person with a disability to equal treatment, see the Center’s guide, â€Å"An Overview of the Employment Protections of the ADA. † In addition, when an employer refuses to make changes to the work or workplace so an individual can do his/her job or enjoy the benefits of employment, it may be an unlawful failure to accommodate. For more information about your rights regarding accommodations, see the Center’s guide, â€Å"The ADA and Reasonable Accommodations. † B. Proving Disability-Related Harassment 1. Introduction The ADA does not include a specific prohibition against harassment. Most courts looking at this issue have decided that the ADA prohibits disability-related harassment because of disability because employers must prevent discrimination in the terms and conditions of employment.This means employers must prevent a hostile workplace. 2. Elements of a Claim To prove unlawful harassment under the ADA, you must be able to prove the fol lowing: †¢ you work or formerly worked for a covered employer; †¢ you are a person with a disability; with a record of a disability; or are regarded as disabled; †¢ you are or were qualified to perform your job; †¢ you faced a hostile work environment; and †¢ you were harassed by a co-worker or a third party and your employer knew or should have known about the harassment.George’s co-workers suspect he is HIV-positive because he is gay. They spray painted his locker with the words â€Å"God’s punishment† and hung plastic gloves around the office for people to use to avoid physical contact with George. George does not have HIV but he is still protected under the ADA from disability-related harassment, as he is â€Å"regarded† as a person with a disability. 3. Harassment The harassment is so severe that it changes the conditions of your employment and creates an abusive working environment or results in a tangible employment action. The conditions of your employment must change when someone harasses you because of your disability. The conditions of your employment may change because the workplace is hostile or because of an â€Å"employment action. † Either change may support a claim of harassment under the ADA. 4 Hostile Work Environment. A disability-based harassment claim under the ADA means that your workplace is so full of discriminatory intimidation, ridicule and insult toward you that it has become an abusive place to work. These claims are called â€Å"hostile work environment† claims. The ADA does not rohibit simple teasing, offhand comments and isolated incidents. To decide if the harassment is â€Å"severe† or â€Å"pervasive† enough to create a hostile work environment, courts look at: †¢ †¢ †¢ †¢ whether the discriminatory conduct has happened only once or many times; how bad the treatment is; whether it is physically threatening or humiliating; and w hether it unreasonably interferes with your ability to work. Occasional hurtful remarks by co-workers will not usually be severe enough for a successful ADA claim, unless the occasional treatment develops into a pattern of abusive treatment.Even if some co-workers refuse to talk or associate with a disabled individual, it may not be enough to support an ADA claim for harassment because courts recognize that employers cannot force employees to get along with each and every other employee. Juanita is deaf. Her co-workers ignore her and don’t try to learn any signs so she can talk to them on breaks or at lunch. It is a simple fact that in a workplace, some workers will not get along with each other. A court will usually not find â€Å"cold shouldering† enough for an ADA claim.However, in another example, Juanita’s co-workers tease her by moving their fingers at her as though they were using sign language. The co-workers pretend they are talking to her by making mou th movements just to confuse her. She is called â€Å"deaf and dumb† by people at work. Neither her co-workers or supervisor will write notes to her about important things she needs to know at work. Juanita may have a claim for disability harassment and failure to accommodate by writing notes. Generally, one instance of harassment will not amount to discriminatory changes in the â€Å"terms and conditions of employment. However, even a one-time event may be severe enough to create a hostile work environment. The standard a court uses to decide if conduct is unlawful is whether a reasonable person would find the action offensive. 5 Because of a disability, Alberto needs to use two crutches with wrist straps in order to walk. He works evening shifts as a telephone solicitor. Alberto usually sets his crutches beside his desk while he is working. One night, two co-workers decided to pull a prank on Alberto. They took his crutches nd hid them. They told the other workers what the y were up to, including the assistant manager, who was in charge of the night shift. Then they pulled the fire alarm. Alberto heard the fire alarm and looked for his crutches so that he could exit the building. His crutches were gone and he did not know the alarm was a prank. The other employees acted like they were leaving the building and exited the floor. They left him alone for 30 minutes. When he tried to crawl to the exit, they came back and laughed at him.Even though this only happened once, Alberto most likely has a claim for disability-related harassment because this conduct was so severe any reasonable person would find it offensive. Tangible Employment Action. The conditions of your employment will also change when the harassment results in an â€Å"employment action. † Harassment that results in a tangible employment action will be enough to show severe harassment. A â€Å"tangible employment action† means an important change in your employment status, not just a minor change.It usually causes you direct economic harm, and most of the time can only be caused by a supervisor or a person acting with the authority of the company. Examples of tangible employment actions may include: T firing; T failure to promote; T demotion; T a reassignment that you did not want; T a significant change in your benefits; T a decrease in your pay; T a negative change in your work assignment; T a dramatic increase in your workload; T reassignment to a position that reduces earning capacity; T reduction in hours; T refusal to grant reasonable leave requests.Javier has a severe type of diabetes. He needs to take insulin at certain times and sometimes needs to eat small snacks. He asked his supervisor for an accommodation of a 15 minute break every two hours. Shortly after the supervisor found out about Javier’s disability, she reassigned him to a different department. If Javier’s salary and benefits are the same, and the supervisor only reassig ned him because the other department already has 15 minute breaks every two hours, that probably would not be an ADA violation.However, if the supervisor told Javier that she was reassigning him because she was personally bothered by needles and did not want him taking shots in her department, that would be a tangible employment action and Javier would have a claim of disability-related harassment under the ADA. 6 The mere threat of an employment action is not enough to support an ADA claim. The harassment must be unwelcome. Jaime is deaf. He works at a department store in the shipping and receiving department. Jaime and his supervisor Erin have a professional relationship.On a frequent basis, Erin makes uninvited and offensive remarks about deaf people. Jaime has been subject to unwelcome harassment. Aheem is blind. He works at a restaurant as a cashier. Aheem and his co-worker Brian, who is overweight, are constantly making fun of each other’s conditions in a good natured w ay. One day while they are teasing each other, Brian makes a joke about blind people. Because of the nature of their relationship, Aheem has probably not been subject to unwelcome harassment.The harassment must be based on your disability, your association with a person with a disability or your request for an accommodation. The person who is harassing you must be doing it because of your disability or your need for an accommodation. It is not enough that they harass you because they do not like you or because they harass everyone. Maria is a person who has cerebral palsy. She works for a local fast food restaurant. The assistant manager is named Fred. Fred yells at Maria and the other employees frequently. Sometimes he curses.He says things like: â€Å"Hurry the ____ up! † and â€Å"What the ____ is taking you so long? † Even though most people would agree that Fred should not talk to the employees that way, unfortunately Maria will probably not have an ADA claim if t he evidence shows that Fred uses abusive language with many employees, not just Maria, and that he acts no more harshly toward Maria than he does to anyone else. This is probably not harassment that violates the ADA. However, if Fred only yells and curses at Maria and not at other employees, alls Maria offensive names like â€Å"Spaz† and â€Å"Retard†, and treats her differently than other employees, this may be harassment that violates the ADA. 7 C. The Rules About Employer Liability For Disability-Related Harassment 1. Introduction. Employers are generally responsible to provide a work place that is free of serious offenses and abuse that are based on a person’s disability. For example, employers should not permit a work place where a worker who is mentally retarded is called â€Å"retard,† is not allowed to eat with co-workers, or is subjected to co-workers’ offensive mimicking.Owners of a company, supervisors, managers, co-workers and third pa rties, such as customers, can speak or take action that creates a hostile work place. An employer is responsible for the workplace no matter who causes the hostile environment, but the courts understand that employers may not know about the harassment unless it is reported. Courts have created different rules about harassment, depending on who does the harassing. Below is a chart with examples. If the harasser is a(n): then the employer is liable for Unless the employer can show the harassment when that Owner, manager, stockholder, the harassment occurs.CEO, or president Supervisor the harassment occurs and results in a negative employment action. the harassment occurs and causes a hostile working environment Supervisor Co-worker the employer knew or should have known about the discrimination. the employer knew or should have known about the discrimination it took reasonable steps to prevent and to quickly stop harassing behavior and the employee unreasonably failed to take advantag e of the employer’s efforts to prevent or stop the harassing conduct or to avoid harm. t took immediate and appropriate corrective action. Non-employees (e. g. , customer, student, sales personnel) it took immediate and appropriate corrective action. 8 2. Owner Harassment Companies are made up of people. Some people, such as owners, CEOs, directors, and stockholders â€Å"are† the company. When people who are the company harass, the company is automatically liable for the harassment. Albert & Sons owns a restaurant that employs 40 part- and full-time employees. J. E. Albert, one of the owners, is also the restaurant manager.Lydia has worked as the Director of Catering for the restaurant for 8 years. However, she develops breast cancer and must have a mastectomy and chemotherapy. When she returns to work on a half-time basis, J. E. Albert makes numerous offensive remarks including â€Å"She’s not a real woman anymore† and speculates out loud whether  "can she satisfy her husband. † He leaves photos of well-endowed women on her desk and bulletin board. He does this frequently and over many months. It is not necessary that Lydia reported the harassment because the harasser is a co-owner. . Supervisor Harassment Because a supervisor is given direct authority over an employee, the employer is responsible under the ADA for harassment by that supervisor. An individual is an employee's supervisor if he or she: a) has the power to make or recommend employment decisions affecting the employee, and b) directs the employee’s daily work activities. Whether a harasser is a supervisor is determined by his or her job function, not his/her job title. Jim, an individual living with HIV, works in a â€Å"team† environment.His â€Å"team leader† has made several derogatory comments about Jim's illness and has even gone so far as to say that it is not worth making the effort to promote Jim. The team leader makes recommend ations regarding promotions. In this situation, the team leader is a supervisor. An employer is always liable for harassment by a supervisor if that harassment results in some sort of employment action (e. g. , firing, change in work assignment, reduction in pay or hours, etc. ) This is because an employer is responsible for the acts of its supervisors; and employers should be encouraged to prevent harassment.However, even if an employment action does not result from the harassment, an employer may be liable if the harassment creates a hostile work environment. The employer will be liable for a hostile work environment created by a supervisor unless the employer can show that: (1) it took reasonable steps to prevent and stop harassment, and (2) the employee unreasonably failed to use the employer’s steps to correct or prevent the harassment. 9 Bette supervises the nursing assistants at a nursing home. One day she sees Joe, a nursing assistant, take some medication with his lu nch.She asks him what type of medication he is taking, and he voluntarily tells her he is taking prescribed medicine to treat his bipolar condition. From that day on, Bette treats Joe badly. She calls him â€Å"crazy,† â€Å"looney,† and a â€Å"nutcase† in front of patients and staff. When things get busy at work, she asks if he is â€Å"going to crack under the pressure. † On breaks, she asks him if â€Å"he has ever had shock treatment† or â€Å"tried to off himself. † She also tells other workers she hopes he will just quit before he screws up.The nursing home is liable for Bette’s harassment unless the nursing home can show they had a complaint procedure and would have promptly stopped Bette’s harassment, but Joe unreasonably refused to complain. 4. Co-Worker Harassment An employer is liable for a co-worker’s harassing conduct if it knew or should have known of the co-worker's misconduct, unless it can show it took immediate and appropriate corrective action. Ingrid is deaf. Her co-workers often mimic her, force her to speak, and make derogatory comments about her deafness.Her work environment has become a hostile one. This situation has continued for approximately 6 months at the same level of â€Å"hostility†. Ingrid mentioned the problem several times to her shift supervisor. Ingrid's supervisor is aware of this situation and should have taken some sort of corrective action (possibly sensitivity training and discipline of offending employee), but it has not happened. Her employer is liable for the harassment by her co-workers because it has not taken any steps to correct the action. Sara is a sous chef at a restaurant.She took some medical leave for a hospitalization related to suicidal tendencies due to severe depression. When she returned to work, a small group of her co-workers had learned about the reason for her leave and began taunting her. One day, all the knives at her work s tation were hidden and a note was left that no one wanted her to hurt herself. Another instance involved a bottle of candy pills that were left spilled all over her purse. Sara reported it but the management did not investigate or take any steps to correct it. The employer is liable for the harassment. . Non-Employee Harassment An employer is liable for a non-employee’s harassing conduct if it knew or should have known of the non-employee’s misconduct, unless it can show it took immediate and appropriate corrective action. In most places of employment, there are other people who enter a workplace or are part of a workplace who are not employees. For example, a store, movie theater, restaurant or gallery will have patrons and customers. Also places of employment may have 10 independent contractors who work at the facility.For example, a hospital may employ nurses, nurses aides, medical clerks and therapists, but the doctors are independent contractors and not employees. To become responsible for the non-employee’s harassing conduct, the employer must know about it. This is because it is more difficult for an employer to be aware of all of the day-to-day events at a workplace, particularly when they involve non-employees. Jarod teaches 7th-8th graders language arts/history at a private school. The students come to believe that Jarod is gay and jump to the conclusion that he is HIV positive or has AIDS.The students spray paint offensive references to HIV in the men’s bathroom. The school did not repaint the wall for over a month and did not investigate the students believed to be involved. The school will likely be liable for the harassment caused by the students. D. Duty to Employees to Avoid or Limit Harm In general, an employee facing harassment from a supervisor (not an owner) has a duty of reasonable care. This means that as an employee, you must use all available means of prevention provided by the employer to avoid harm.Failure to do this could result in the employer escaping its legal liability or possibly being required to pay less money if there is a judgment against it. As an employee, you must be aware of the opportunities made available by your employer to employees (such as a grievance procedure) to report problems and use them if faced with workplace harassment. However, there are certain situations in which failure to use the procedures might be considered reasonable. For example, if the employee reasonably believes that: the employer does not have a complaint system that has been given out r made available to employees; Julie is a full-time cashier in a major department store. She is hard of hearing and requires the use of a hearing aid. After a month, Julie is periodically bothered by fellow employees, who poke fun at her and use her hearing impairment as a subject for their jokes and harassment. Julie wants to approach her supervisor about the situation, but is unaware of any avenues for her ha rassment complaint. As a new employee, she has not been made aware of any complaint system.There is nothing posted in the employee’s lounge or in the materials given to her by her employer. Julie’s employer has a duty to make all employees aware of the existence of a complaint system. In this instance, Julie’s failure to make a complaint would probably be reasonable. a risk of retaliation exists for those who use the complaint process; 11 Sophie is faced with harassment. She wants to file a complaint with her supervisor. However, the supervisor and the harasser are close friends. Sophie is concerned that her complaint will not be given the proper attention.The procedure does not offer any exceptions for making a complaint to someone other than a supervisor. She does not file a complaint, and the situation continues. In this case, Sophie may have acted reasonably by not filing a complaint. obstacles to complaints were present; James is autistic and cannot read or write. He works as a dishwasher. The cooks and other dishwashers make fun of him. He wants to complain and tells his supervisor about the problem. His supervisor tells him he will only accept a formal written complaint and does not offer to help him write his complaint.James has not failed to take reasonable steps. the process for complaints was ineffective. Shop-Mart has a written harassment policy that is available on-line. All new employees are provided training about the complaint procedures. Anyone can come to the training room to look at the policy on-line. Jerry wants to complain about customers who taunt him and treat him badly because he is an amputee, but his store manager has a well-deserved reputation for never checking into complaints and telling people to work it out for themselves.Also, several of Jerry’s co-workers were marked poorly on their evaluation for not getting along with others after they made a complaint of harassment. Jerry is probably acting reaso nably when he does not use these procedures. Generally, it is better to put your complaint in writing so that you can later prove that you did let your employer know about the harassment by a co-worker, supervisor, or non-employee. You should also send a copy of your complaint to the owner or director of the company.However, at times there may be other reasons you might be justified in not making a complaint. For advice, call the ADA Employment Advice Line or a private attorney. E. Employer’s Responsibility to Prevent/Stop Harassment An employer has a duty to act reasonably to prevent and correct any harassment. The most effective way of exercising this duty is through an effective complaint procedure provided to all the employees in the workplace.If written and used properly by the employee, the employer can, in some cases, discourage harassment before it takes place and, in other cases, address it immediately to limit the harm. To meet its duty, an employer should establish , publicize, and enforce anti-harassment policies and complaint procedures. It is the EEOC’s position that all policies should be clearly 12 understandable and accessible to all employees in the workplace. In addition, an employer should provide extra training focusing on harassment so that all employees will be made aware of these policies.The EEOC advises that an employer’s complaint procedure should: provide a clear explanation of conduct that is against the law; assure employees who make complaints of harassment or provide information related to such complaints that they will be protected against retaliation; describe a complaint process that provides accessible avenues to make a complaint; be flexible about the format of the complaint; assure that the employer will protect the confidentiality of harassment complaints to the extent possible; make accommodations in the complaint process as needed for people with disabilities (e. . , large print policy for visually i mpaired employee; an interpreter to interview an employee who is deaf and complaining about harassment; provide a prompt, thorough, and impartial investigation; and assure that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred. The policy should focus on the prevention of harassment. An effective policy of antiharassment provides employees with protection so that they may avoid potential harassment before it happens.The complaint procedure should also encourage employees to report instances of harassment. It should be set up to prevent employees from being intimidated by reporting these incidents. One effective method to avoid intimidation is to have employees report complaints to other employees who are outside of the direct line of command. An employee will be more willing to report harassment if he/she does not have to go through a â€Å"higher-up† who was directly involved in the incident.The policy should a lso contain information on important dates and deadlines for filing a complaint with the EEOC. Even if your employer does not have a harassment policy, you should report harassment by a co-worker, supervisor or third party to your employer. F. Steps to Take If Your Employer Does Not Take Appropriate Action Practical Tips to Help You Deal with Harassment check any materials you were given as an employee or that are available to all employees (e. g. , internet site) to see if there is a procedure for reporting discrimination and harassment to your employer; 13 f there is no procedure for reporting complaints, see if there is a procedure for reporting any problems and use it; keep a journal of what has been done to you, by whom, when, how often, where and how this affected your ability to do your job; be specific about the harassment that occurred; even if you are not sure whether the misconduct is offensive enough to be unlawful ADA harassment, you can still report it. It gives your e mployer a chance to stop offensive conduct before it becomes unlawful. alk with a trustworthy friend or a hotline for support†¦problems at work can be hard to live through, and sometimes it can seem like you're imagining things; if you are not afraid of the harasser, talk to the offender and tell them the behavior is offensive and keep notes of this conversation (and date them); talk to your supervisor or another person in authority and tell them what's happening; put your complaint in writing; use the ‘legal' words defined and explained in this guide so your employer will have a clear idea of what you are requesting; and send a copy of the complaint to the management or owner of the company.Keep in mind that in most cases of harassment (except by owner, CEO, director, etc. ), the employer is not liable unless he/she knew or should have known about the harassment. This means that in general it is a good idea for employees to report the harassment to the company. If there is a complaint procedure for reporting harassment, you should use the procedure to notify the company. Get Legal AdviceOne way to get brief legal advice is to call the Arizona Center for Disability Law at 1800-927-2260 (toll-free statewide) or at (602) 274-6287 in the Phoenix area, to an experienced advocate or attorney who can provide you with information about the protections of the ADA. If you want more information, you may request copies of the Center’s self-advocacy guides about the employment protections of the ADA and sign up for a free legal training in Tucson or Phoenix. Information about the guides and training is available at www. zdisabilitylaw. org. The Center can also provide you with lists of attorneys who practice employment law in Tucson and Phoenix. File a Charge of Discrimination You can also file a charge of discrimination with the U. S. Equal Employment Opportunity Commission (EEOC). â€Å"Charges† are complaints of discrimination. You can do it im mediately or wait until you have first complained to your employer. The EEOC will investigate your charge and determine whether there is reasonable cause to believe 14 discrimination has occurred.It will then issue a right to sue letter in all cases (except for the few selected cases in which it will file a lawsuit). In Arizona, the Civil Rights Division of the Arizona Attorney General's Office (ACRD) will also take your charge. You do not have to pay to file a charge with these offices. You can call (800) 669-4800 (voice) or (800) 669-4820 (TTY) for the EEOC or (520) 628-6500 for the ACRD in Southern Arizona. You must file a charge with the EEOC or the ACRD to be allowed to bring a lawsuit for employment discrimination based on disability.You have 180 days to file a charge under state law and up to 300 days to file under federal law. For more complete information about filing a charge, please see the Center's guide â€Å"How to Enforce Employment Rights under the Americans with Di sabilities Act. † Before you go to the EEOC or ACRD, please read the guide. G. Introduction to the Americans with Disabilities (ADA) and this Guide 1. What Does the ADA Cover? On July 26, 1990, the ADA was passed by Congress. The ADA provides major civil rights protection to individuals with disabilities.The intent of this federal law is to reduce barriers to persons with disabilities and provide equal opportunity in employment, public accommodations, public services, transportation, and telecommunications. The various titles of the ADA affect many aspects of the lives of people with disabilities. †¢ Title I makes it unlawful to discriminate against qualified people with disabilities in employment. †¢ Title II makes it unlawful for state and local governments and their agencies to discriminate in programs and services, including public transportation. Title III prohibits discrimination in access and enjoyment of public accommodation and commercial facilities, such as hotels, motels, restaurants, professional offices, doctor’s offices, lawyer’s offices, convention centers, stores, banks, museums, parks, schools, and recreation facilities. Title IV requires accessibility of telecommunication services to hearing impaired persons and other individuals with disabilities. Title V provides for recovery of legal fees and establishes a mechanism for technical assistance.Additionally, Title V includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA. †¢ †¢ 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? If you believe you have been discriminated against on the basis of a disability in employment or access to public services, public accommodations, public transportation or telecommunication services, staff at the Arizona Center for Disability Law can prov ide you with information about the ADA and enforcing your rights under the ADA.The Arizona Center for Disability Law is a non-profit, public interest law firm providing fee advocacy, information and referral services, legal research, community legal education, and, in selected cases, legal representation to individuals with disabilities and advocacy organizations throughout Arizona. The Center is the designated protection and advocacy (P&A) system providing services for Arizonans with a wide range of physical and mental disabilities. Assistance is provided for disability-related issues in established priority areas. Information about the eligibility requirements and priorities are available from the Center upon request.Assistance is provided according to program eligibility requirements, priorities and staff availability. This Guide is Not a Substitute for Legal Advice! The Arizona Center for Disability Law recommends that persons obtain professional legal advice to resolve a legal dispute regarding discrimination on the basis of a disability. This guide is not a substitute for legal advice. This guide is meant to provide people with disabilities with information and examples about employment protections under the ADA. The information in this guide is based in part on court cases interpreting the ADA.Courts in the various parts of the country interpret the ADA differently. Not all of this information may be true for people living outside of Arizona. 3. Why Does the ADA Include Employment Protections? Oftentimes, people with disabilities do not have an equal opportunity to work or advance in their employment. People with disabilities are often restricted in employment opportunities by many different kinds of barriers. Some face physical barriers that either make it difficult or impossible to get into and around a workplace or to use work equipment at the site.Some are excluded because they communicate differently than their co-workers. Still others are excluded because of rigid work schedules which do not permit flexibility for people with special needs because of a disability. In other cases, people are not denied opportunities because of actual barriers, but because of prejudice. These are the barriers in other people's minds: fears, stereotypes, presumptions and misconceptions about job performance, safety, absenteeism, costs or lack of acceptance by coworkers and customers. 16Congress enacted the ADA to eliminate these barriers to equal opportunity in employment. The ADA makes it unlawful for an employer covered by the law to discriminate against applicants and employees with disabilities. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing this law. People with disabilities also have the right to bring private lawsuits against employers who discriminate against them if they first file a charge of discrimination with the EEOC within the time limits set out by the ADA.See the Center's guide, Ho w to Enforce Your Employment Rights Under the ADA, for more information about how to file a charge. However, the U. S. Supreme Court recently ruled that private individuals may not sue state employers for money damages under the ADA. Individuals may still file charges of discrimination with the EEOC against their state employer for other relief, such as court orders to stop discrimination. The U. S. Government can still file lawsuits against states for violating the ADA.The list of guides available through the Center about employment rights under the ADA include: O An Overview of the Employment Protections of the Americans with Disabilities Act (ADA) The ADA and the Job Applicant The ADA and Reasonable Accommodations The ADA and Drug Testing How to Enforce Employment Rights Under the ADA The ADA and Medical Examinations The ADA and Confidentiality of Medical Information Taking Action–How to File a Charge When You’ve Been Treated Unfairly by an Employee Because You Have a Disability How to Ask Your Employer for an Accommodation That You Need Have you been Treated Unfairly at Work?O O O O O O O O O 4. When Do the ADA Employment Protections Apply? The ADA does not cover every employment situation between an applicant and an employer or an employee and an employer. For the ADA to apply to an employment arrangement, each of the following has to be true: †¢ the employer is covered by the ADA; †¢ the employee or applicant has a disability according to the ADA; †¢ the employee or applicant is qualified to perform the job; and †¢ the employer discriminates against an applicant or employee on the basis of disability. 17For more information about each of these requirements, see the guide, An Overview of the Employment Protections of the ADA. 5. What Employers are Covered by the ADA? The ADA applies to private employers with 15 or more employees. †¢ Includes employment agencies and labor unions. †¢ Includes a location or facilit y of a business with less than 15 employees whose total number of employees for the company in all locations and facilities combined equal 15 or more. Other laws may apply to persons with disabilities who are employed by smaller businesses.For more information, contact the Arizona Center for Disability Law or a private attorney. †¢ The ADA applies to state and local governments. Includes all state and local governmental agencies, departments and entities regardless of their size or number of employees. Although the ADA applies to state employers, the U. S. Supreme Court recently ruled that employees (and applicants) can not sue state employers in court for money damages. Individuals can still file charges of discrimination with the EEOC against their state employer. Individuals can still sue to require state employers to take action or stop discriminatory action.The U. S. Government can still file lawsuits against state employers under the ADA. Examples of state and local emplo yers include: public schools, public universities, police and fire departments, public libraries, museums, public parks and recreation facilities, and social welfare offices. The ADA does NOT apply to the federal government. The ADA does apply to employees of the U. S. Senate. However, generally if a person with a disability works or applies for a job with the federal government, a federal agency, or a fully owned U. S. Government corporation, then the ADA does not apply.However, the Rehabilitation Act of 1973 is another anti-discrimination law that offers employment protections. For more information about that law, contact the Arizona Center for Disability Law or an EEO officer of the federal agency where you work or a private attorney. Title I (Employment) of the ADA does NOT apply to Indian Tribes. Tribes may have their own affirmative action or anti-discrimination laws which may address discrimination on the basis of disability. Some tribes have adopted tribal laws or entered in to agreements to abide by federal discrimination laws similar to the ADA. 18 †¢

The Growth of the Chesapeake and Barbadian Colonies

Angela Young Professor Kelly Hopkins History 1377 June 18, 2012 The Growth the Chesapeake and Barbadian Colonies Many great examples of how pioneers blazed trails and discovered unchartered territories outline the fabric of American history. We put a man on the moon in the sixties and discovered cures for some of our modern diseases. These are valuable accomplishments, but there is another that is just as significant in the course of American history; the colonization of our nation. Detailed accounts decorate our history with the hardship and suffering of our forefathers.And although some historical accounts paint a bleak picture of early settlements and show that diseases, starvation and other factors were difficult to overcome, we need to recognize that there were successes. It would be unfair to only focus on the challenges without acknowledging their ability to thrive and prosper. To overlook the strategies that the Chesapeake and Barbadian societies used to grow and prosper woul d be a mistake, because we can contribute many of their decisions and actions to the structure of today’s political system and economy.Some historians may analyze these two societies and argue that their evolution was a result of learning from the mistakes of previous settlements. However, there is considerable evidence to show that the Chesapeake and Barbadian colonies successfully grew and progressed as a society due to the use of slaves as workers in the colonies, the acquisition of land, and agricultural exports to England to obtain wealth. The purpose of this paper is to examine the events responsible for the advancement of the Chesapeake and Barbadian societies in the mid 1700’s.The creation of the slave trade in America is arguably one of the major factors that led to the evolution of the Chesapeake and Barbadian colonies. The import of slaves caused a large population explosion in both colonies. The number of blacks in both settlements increased significantly a nd outpaced that of the white population each decade between 1730 and 1760. In 1730 the black population in the Virginia colony was 30,000 and doubled to 60,000 in 1740 and continued to increase steadily through 1770. 1 The Maryland colony showed similar population increases with the number of blacks almost doubling in ize from 24,031 to 43,450 from 1740 to 1750. 2 The profile of the population in the Barbadian colony was also significant. Unlike the Virginia and Maryland colonies, blacks outnumbered white almost 4 to 1 and were the majority in the population between 1655 and 1770. For example, slaves were 83 percent of the population in 1760 at 86,600 while the white population was 17,800. 3 What is the significance of this population growth and their evolution? The colonies created a formula that would secured their future for generations. When Chesapeake experienced economic growth large plantations became more common.This created a need for workers. In turn, slavery led to great wealth for the colonies and became one of their greatest resources for economic growth. Over the course of several decades more slaves were brought to America to fulfill the demand for workers to plant and harvest tobacco and other crops. The colonist understood the value of slave labor and the economic growth using slaves would provide. Most importantly, they also understood that the performance of the slaves influenced their profitability. We cannot discuss population growth in the colonies without acknowledging the ugly truth about slavery.Clearly one group of people suffered while another benefited. Many can criticize the colonies for implementing such a cruel system for economic growth, but we must ask ourselves did slavery help them reach their goal of prosperity. After all, slaves and indentured servants were a productive labor pool that helped them prosper economically during the early and middle years of colonization. Without needing to take a position on slavery, we plain ly understand that the back-breaking physical work of slaves is one of the contributing factors that led to great wealth in the Virginia and Maryland colonies.Another factor contributing to the evolution of the Chesapeake and Barbadian colonies is land ownership. Since the beginning, colonists placed great value on land ownership. Land was a resource of prosperity and the most important indicator of wealth. To attract new settlers to America, colonists permitted them to own land. Although the colonists encouraged ownership, land was not equally distributed and was highly concentrated in the hands of a few people. Based on evidence we can make a direct connection between plantation size in the Chesapeake and Maryland regions based on the number of slaves living on them.For example, between 1750 and 1770, twenty or more slaves lived on approximately one-third of all plantations. Specially, 31% of all plantations had 21 or more slaves living on them from 1750 – 1759. 4 This aver age continued through 1779. We can assume that white plantation owners possessing the largest plantations owned the largest number of slaves. There was a direct correlation between land ownership and wealth distribution. Those that owned the land owned the wealth. There was strong evidence of this in Barbados in 1680 where wealthy pioneers owning 60 or more slaves owned approximately 60% of all land and 60% of all slaves. Likewise, 14. 9% of Jamaican land owners possessed land valued at ? 1,000 or more. 6 This trend also started as early as 1669 and continued up through 1750 in the Virginia colony. For instance, between 1700 – 1719, the wealthiest 5. 6 % of the male population owned 61. 5% of the total wealth and between 1720 – 1750 the wealthiest 2. 7 percent of males owned 33. 2% of wealth. 7 One of the greatest values colonists recognized from land ownership was the acquisition of economic and political power. They could influence the future of their society because of the economic power they possessed.Most importantly, they had the ability to advance their own interests. For example, they could make the rules for who owned the land and where they owned it. They could give land to their heirs to ensure that it remained in their family’s possession for generations. Land ownership and wealth also meant political power. Those with the wealth could hold political office and shape the future of their colonies by making laws that would benefit them directly. The colonists experienced many long-term benefits from land ownership.However, they benefited at the expense of others by setting up a system that would intentionally prevent them from achieving any level of prosperity and success. Some people may disagree with the method used by the colonies to prosper. However, the fact that they used others to advance their own goals does not cancel out the fact that land ownership and wealth moved them one step closer to securing their position as a v iable society. Agricultural exports also played a role in progression of the of the Chesapeake and Barbadian colonies.Both colonies practiced exporting agricultural products to England and would eventually build the wealth and improve their standard of living. Prior to the 1620’s growing crops was difficult for the colonist because early settlements did not have the knowledge and tools needed to grow them successfully. Barbadian settlers tried to grow crops such as tobacco, cotton, ginger, and indigo, but were unsuccessful. Over time, they learned which crops would grow successfully in their region. After much trial and error, tobacco became the right plant to grow for Chesapeake and sugar for Barbados.Tobacco exports to England became the main source of income from Virginia and Maryland. Between 1660 and 1760 tobacco exports increased each decade. Along with the number of pounds increasing, the price per pound of tobacco also increased. In 1740 England imported 35,372 pounds of tobacco at a price of 0. 80 pence sterling/pound. By 1770 the amount increased to 38,986 at 2. 06 pence sterling/per pound. Furthermore, the value of exports to England reached $435,094. 8 Additionally, sugar exports to England from Barbados yielded positive financial results for the colonies.Sugar exports steadily increased from 1651 to 1698 with the highest being 15,587 tons in 1698. 9 This discussion about the impact of exports on the evolution of the colonies is not complete without acknowledging the role slavery played. As exports to England increased, the import of slaves also increased to support the demand for tobacco. The more slaves owned by the colonists, the more crops could be harvested and exported to generate more revenue for the colonies. A closer look at the evidence doesn’t always show a successful progression toward prosperity.Increases in the black population did not always significantly outnumber that of whites. Also, there is evidence that illustrate s a drop in the value of exports to England from 1755 to 1770. While the value of exports was at their highest in 1750 at ? 508,939, they decreased to as low as ? 435,094 in 1770. 10 Tobacco exports to England also dropped in 1770. Additionally, once land ownership opened up to indentured servants and other settlers in the Chesapeake colony, the largest distribution of wealth shifted from the wealthiest to the middle class.For example, between 1700 – 1719 5. 8% of the wealthiest males owned 61. 5% of the wealth. From 1720 – 1750, 2. 7% of the wealthiest males owned 33. 2% of the wealth while 26% of the male population owned 31. 3% of the wealth. 11 This shows an important shift in wealth within the colony. Some may read this evidence and disagree with the factors that contributed to their advancement and decide not to give full credit because of these inconsistencies. The Chesapeake colonies established a formula long before the mid-1700s to promote and sustain their f uture growth.Although the statistical evidence changes for some of the factors, it is clear that the Chesapeake and Barbadian colonies progressed as a society as a result of slavery, land ownership, and agricultural exports. The focus should not only be on the evidence, but the overall impact these factors had on the colonies’ ability to evolve and the impact their prosperity has on our economic situation today. Notes Population Growth, Virginia, 1640-1770, p 67 2 Population Growth, Maryland, 1640 – 1770, p 68 3 Population Estimates, Barbados, 1655 – 1770, p 73 Plantation Size in Virginia by Number of Slaves, 1700 – 1779, p 71 5 Wealth Distribution, Wealthy Planters, 1673 and 1680, p 74 6 Wealth Distribution, Jamaica, 1674 – 1701 (percentages), p 74 7 Wealth Distribution in Middlesex County, Virginia: Personal Property of Deceased Adult Males, 1699 – 1750, p 68 8 Tobacco Imported by England from Virginia and Maryland (in thousands of pounds) and Maryland Tobacco Prices (in pence sterling/pound), 1620 – 1770, p 69 9 Estimated Sugar Exports from Barbados to London, 1651 – 1706 (tons), p 75 10 Value of Exports to and Imports from England by Virginia and Maryland, 1700 – 1770 (in pounds sterling), p 72 11 Wealth Distribution in Middlesex County, Virginia: Personal Property of Deceased Adult Males, 1699 – 1750, p 68 Works Cited Wheeler, William Bruce, Susan D. Becker, Lorri Glover, and John Hart. Discovering the American Past. Kentucky: Cengage Learning, 2012. Print

Baz Luhrmann’s Essay

How does Baz Luhrmann’s film adaptation of â€Å"Romeo and Juliet† visually highlight Shakespeare’s rich language and imagery? Shakespeare’s use of language reflects the theatre of his day. There were no elaborate set designs, costumes, lighting or sound effects and there were also only a small number of actors playing many different parts. This could get confusing and therefore the language and imagery had to do all the work for the audience, as the words were the only tools available to help them imagine the scenes vividly. In the prologue of â€Å"Romeo and Juliet†, line number twelve; â€Å"Is now the two hours’ traffic of our stage† and the very last words; â€Å"our toil shall strive to mend†, have significant meaning. These sentences, spoken by the chorus, highlight to the audience the key plot elements to come. It gives the audience an idea of what they are about to watch or read and makes the ensuing action more intelligible. This dramatic convention therefore acts almost like a movie trailer. In Baz Luhrmann’s film adaptation of the play, the prologue begins with a long shot of a television (within a television), with a reporter speaking to us from inside of it. Behind the reporter’s left shoulder are the words â€Å"star-crossed lovers† and a symbol of a broken ring. This, in the first minute of the play, already introduces us to the fact that Romeo and Juliet are star-crossed lovers, which is a major theme throughout the entire play. The news reporter then delivers the whole prologue from beginning to end, before the camera zooms further and further in until the point of extreme close up, at which point the prologue changes. This is how Baz Luhrmann achieves a similar effect to Shakespeare’s dramatic use of the prologue. By doing this, it is almost as if we are â€Å"entering† the movie and if you do not wish to â€Å"go in† then it is your choice not to continue watching. In the second sentence of the prologue, â€Å"In fair Verona (where we lay our scene)†, Shakespeare carefully uses the positive modifier â€Å"fair† to describe the city. This emphasizes the fact that Verona is closely associated with God, therefore establishing it as a peaceful, moral city. However, this is contradicted by negative modifiers in the next sentences of the prologue, which are â€Å"From ancient grudge break to new mutiny, where civil blood makes civil hands unclean†. This brings in the fact that there is an old grudge between two families. However, with this grudge there is blood shed and constant fights, some of which draw in innocent civilians. In the movie this section of the prologue is shot from a fast-moving helicopter. There is an extreme long shot and an aerial view of Verona, which introduces us to the town. A statue of Jesus is shown, immediately followed by the words â€Å"IN FAIR VERONA†, in large, white letters. Then, for several seconds, there is jump cutting between the Jesus statue and the phrase. This is how Baz Luhrmann shows us that Verona is normally a good, religious city. This is then followed by some fast, substantial shots. We are shown two separate buildings; one which has the sign â€Å"Montague† at the top, and the other which has the sign â€Å"Capulet† on top. This introduces us to the two feuding families who are the centre of the play. In addition, a police car which says â€Å"Verona Police† is filmed. All of these key points visually highlight Shakespeare’s imagery and language. The police car is an indication of the violence to come that is caused by the feud and upsets the normal, peaceful status quo. The first six lines of the prologue are essentially the most important in establishing the plot – for example lines three and four from the prologue: â€Å"from ancient grudge break to new mutiny† and â€Å"where civil blood makes civil hands unclean†. Luhrmann usually emphasises these points with newspaper headlines shown in the movie with those exact sentences on them. These lines of the prologue are also heard as the voice-over of the Friar. Jump cutting is used to move from headline to headline and the newspapers are shot in extreme close up, surrounded by flames of fire. With each sentence of the prologue that is said, an accompanying image is shown on the screen with it. These include violent images such as police cars and police helicopters. Overall, expressive lighting is used in the film, to add even greater intensity to the conflict between peace and war in Verona. This, along with words such as â€Å"death†, â€Å"rage† and â€Å"blood†, really start to show the dark side of the plot and ironically contrasts with Verona being described as a â€Å"fair† city previously. Next, line ten of the prologue, â€Å"the continuance of their parents’ rage†, establishes the fact that the grudge between the families is a long-standing ordeal. This is represented in the movie with a montage, showing the many magazines which talk about the hatred of the two families. Line five in the prologue, â€Å"from forth the fatal loins of these two foes†, aims to introduce the parents of Romeo and Juliet and in fact the two main characters themselves. Therefore, at this point, Baz Lurhmann shows a short clip of each significant actor in the movie. This is followed by a freeze frame on them, with the name of their character and any outstanding relationships he or she might have with other characters. The freeze frames are extremely close up on the characters’ faces and it sets the scene for the rest of the movie, so we know who to look out for. This is also an opportunity for Baz Luhrmann to give some limited information about the characters’ status. He does so by filming Montague and Capulet at a slightly lower angle than the others, making them appear more intimidating than the rest. This is how he effectively shows that they are the heads of the two households. In lines six and nine of the prologue, Shakespeare uses such phrases as â€Å"star-crossed† and â€Å"death-marked† to describe Romeo and Juliet’s love. First of all, â€Å"love† and â€Å"death† are oxymoronic and are not commonly found together in the same sentence. Secondly, â€Å"star-crossed† implies that they have no control over their love. It implies that Fate is in control and the minute they fell in love both were destined to die. In the film during this time, loud, fast and rising operatic music is played. This is incidental music significantly increases the level of tension and drama in the prologue. This is therefore appropriate for trying to emphasize the fact of the couple’s fated love. What Baz Luhrmann does here is basically pull the whole prologue together. Proceeding this, after the prologue has been explained, Baz Luhrmann tries to increase the level of suspense even further, to truly point out the violence and the tragic ending of the play. Therefore what he does, with the opera music still playing, is show most of the prologue on the screen in writing. Jump cutting is used between each sentence, but it is barely readable since the editing is at such a high speed, so the prologue is literally flashing before your eyes. Afterwards, Baz Luhrmann shows snippets from the entire movie to the audience. Jump cutting is used and the images flash at a very high speed before you. He goes from the end to the beginning of the movie, and what he achieves is, in a sense, a visual prologue! At the very end of the prologue, the title â€Å"Romeo + Juliet† comes up and the ‘plus’ sign is actually made to suggest a Christian cross. This subtly reminds us of the religious side of the play. This includes the Friar, who is a religious personage, the wedding that Romeo and Juliet have and also the whole theme of destiny and some divinity or higher power looking over and controlling us in life. So in conclusion, this is how Baz Luhrmann’s film adaptation of the prologue from â€Å"Romeo and Juliet† successfully visually highlights Shakespeare’s rich language and imagery. We can see how he has gone through the prologue and then fairly systematically translated its deeper meaning, in remarkably creative ways. He effectively translates all the messages of the prologue in a contemporary and entertaining context.

A Farewell to Arms by Ernest Hemingway Essay

The key to a good book is a great plot. The plot determines all the events in the story, from the first word, down to the last period. Ernest Hemingway is considered as a giant in the literary world. His book, A Farewell to Arms is a testament to his literary genius. A Farewell to Arms seems at first to be a love story. It is, but most importantly, the novel is a story about war, and the tragedy it brings. In his work, Freylag’s pyramid of narrative structure is clearly shown. Exposition The novel opens with a description of the place where the main character, Frederic Henry or simply called â€Å"Tenente† stayed. He is the narrator of the story. Hemingway illustrates late summer giving details like falling leaves turning into dust. Troops marching and flashes of fighting in the mountains create an atmosphere of doom to the reader. Hemingway prepares the setting by making a contrast of peace in nature and the disturbance brought about by the soldiers; a smaller picture of the bigger chaos that nations are facing in war. The characters are also established early in the novel. The narrator is an American volunteer ambulance driver. In the early part of the novel, he is introduced by a friend to Catherine Barkley, who is the focal point of Henry’s love in the story. Both are the main characters of the story. Others include, Rinaldi, the friend who introduced Henry and Catherine. A typical Italian male. The priest, Helen Ferguson, and other ambulance drivers also make up the characters that made World War I alive for the reader. Rising Action The novel is divided into five books. In the first book, Henry and Catherine are introduced and their relationship begins. The next few books follow the injury of Henry, and his growing relationship with Catherine while convalescing in a hospital in Milan, far from the action. Catherine becomes pregnant and Henry was forced to go back to the front, leaving her. Upon coming back, a retreat was ordered, were all officers were killed but Henry was able to escape. He was marked as a deserter and having found Catherine, travelled by boat to Switzerland. Here, Henry and Catherine lived a quiet life until she goes into labor. All these events, consist of the bulk of the novel. Hemingway had set many problems for Henry and Catherine. He wanted to show that Henry as a hero, was always stoic in adversities. Catherine’s burden started upon being pregnant but was not too much dwelled upon by Hemingway until the final book of the novel. Several conflicts were shown by Hemingway. The most apparent was Henry’s struggle with the tragedies of war. Henry’s friend was shot to death by Italians upon retreat; the killing spree of officers; Henry’s life as a deserter; the difficult escape to Switzerland by a rowboat . All these were the trials of Henry during the war, and what is ironic is that, he wasn’t in danger of the enemy, but of his comrades, of the soldiers that he had been fighting at the same side. These conflicts build up, highlighting the biggest conflict, the Climax. Climax Upon Henry and Catherine’s successful escape to Switzerland, Catherine goes into labor. The labor is long and painful for Catherine. After a Cesarean operation, the baby is stillborn; and Catherine haemorrages and dies. The Climax is the culmination of events which create the peak of the conflict. The above-mentioned scene is considered as the climax because, after all the efforts of Henry and Catherine went through to be together, all has been wasted in Catherine’s death. Falling Action After Catherine died, Henry was left alone with the doctor. He feels helpless and doesn’t want any gestures of comfort. The offers of the doctor to bring him to his hotel fell on deaf ears. After the peak of the climax, events that follow constitute the falling action. In his novel, Hemingway skillfully illustrates the unbearable grief and emptiness left upon the passing away of a loved one. The downward slide of Freylag’s pyramid accurately shows the feeling of the main character upon losing his love. Denoument The conclusion as its name suggests brings an end to the story. In A Farewell to Arms, after Henry went out and left the hospital, he walked back to the hotel in the rain. It is a sad ending that leaves a heavy heart to the reader. The novel is concluded by the image of Henry walking in rain. Rain usually represents gloom and sadness. In his conclusion, Hemingway shows the main character, the hero, no longer stoic but very much in pain. Works Cited Hemingway, Henry. A Farewell to Arms. New York: Charles Scribner’s Sons, 1957. Print. â€Å"A Farewell to Arms† by Ernest Hemingway Essay Hemingway and the Struggle of Masculinity in WarMen in A Farewell to Arms and For Whom The Bell TollsThe name of Ernest Hemingway has long been associated with the idea of a strong, stubborn man who is very socially inept. In both A Farewell to Arms and For Whom the Bell Tolls, we are introduced to an extremely cold, unfeeling character and we see how they evolve from one type of man into another. Frederic Henry and Robert Jordan are both Americans serving overseas in some conflict, Henry being in World War I and Jordan in the Spanish Civil War between the fascists and communists, and they originally see these conflicts as a way for them to prove their manhood. They soon realize that war is not meant for all people and that it should not be glorified. They either die for their new ideas or simply vanish from our world into a realm of nothingness. This transition needs to be analysed more closely in order for us to understand it better. In A Farewell to Arms and For Whom the Bell Tolls, we see how the main character is, in the beginning, a cold and sometimes insensitive person who loves the idea of war. In Arms, we see how Henry is a calm, calculating man who tries to live up to the Western impression of how a man should act. In American history, men have tried to reassociate themselves with a deeper meaning of manhood as a way to prove to themselves that they are acting like a man should: â€Å"A broad spectrum of American men soon came to view war as the only way to cure a hopelessly flagging national masculinity†(Donnell para 35). In the beginning, Henry the confidence of a man who is able to survive anything by himself and not show any emotion about it. War itself is a glorious game to him that is a test of manhood, a way for him to prove himself to the world and still be able to walk away from it: â€Å"Well, I knew I would not be killed. Not in this war. It did not have anything to do with me. It seemed no more dangerous to me than war in the movies† (Arms Detzler 237). Henry is a man who thinks that he is unable to be harmed and tries to live a life that is morally correct while struggling through a chaotic world. The Austrian mountains around Henry are full of temptation(ie bawdy houses) and yet he never visits them. Also, he is surrounded by constant barrages of shellfire and wounded, since he is an ambulance driver, and never shows any emotion towards these men. To him, they are simply chess pieces and he is the ambulance that comes to take away the wounded from this  great game. In Tolls, the main character is an American teacher, Robert Jordan, who is fighting in the Spanish Civil War. He is only in the mountains because he sees war as a glorified game for men only. When he is confronted with a task, such as blowing up a bridge to slow down enemy troop movements, he does not think about it and only focusses on what he needs to do: â€Å"He would not think about that. That was not his business. That was Golz’s business. He had only one thing to do and that was what he should think about and he must think clearly and take everything as it came along, and not worry. To worry was as bad as to be afraid. It simply made things more difficult†(Tolls 8). He distances himself from the men he may have to kill and dehumanises his actions, allowing him to succeed at his job without showing any emotion or weakness. Jordan sees war as a man’s job and that women have no place in it. When he first meets Maria, he tries to hide his feelings for her. He says that she should not be in the mountains with the guerillas and tries to hide how he feels an attraction to her when he looks at her. Jordan sees his emotions as a weakness and buries them deep down inside of himself, only to have them rise up later on in the novel. In conclusion, both Henry and Jordan begin as calm, cool, calculating men struggling to prove to the world who they are. These men live by a strict code of honour, chivalry, honesty, and courage, allowing their soul to survive many tough times. They originally see a war as a way to prove themselves but this soon changes. Detzler 3Towards the middle of both Arms and Tolls, we see how both Jordan and Henry become confused and disoriented by the events around them. They are faced with tough choices and are forced to reevaluate their beliefs. In Arms, Henry is wounded during the Italian retreat and is sent back to a hospital for recovery. There, he sees his helplessness as a sign of his weakness and feels that he should not have been hurt. After recovery, he returns to the front but becomes trapped with few other men from his battle group. After the men refused to help him in their struggle to make it back, Henry shoots them at point blank range in an effort to encourage the men to work harder. After this, Henry himself is almost executed after being  mistaken for an Austrian. His near-death experience during his escape caused him to reassess his beliefs because he is beginning to see that men are not meant to try and slaughter each other. He flees the army and gives in to his desires to see Catherine, a sign that he is going back on his belief that a man should never show any emotion. Henry travels to Switzerland with Catherine and tries to live out a normal life there, but now he is a confused man struggling with internal demons about his actions: â€Å"The war seemed as far away as the football games of some one else’s college. But I knew from the papers that they were still fighting in the mountains. . . .† (Arms 277). Henry still remembers the men that he left behind at the lines and still wishes to be with them, fighting against a common enemy and united through courage, bravery, and the desire to stay alive. In Tolls, Jordan struggles with his ideas of courage and bravery as he is faced with various situations leading up to the destruction of the bridge. At different times, he is tested by other men, such as when he is forced to kill an enemy soldier who is actually just a boy. This action causes Jordan to rethink how war should be fought: should it be a cruel, merciless battle between soldiers and civilians, or should the young and innocent be spared, even if it is a sign of weakness. Also, when El Sordo and his men are trapped by the Fascist Army, they are left alone Detzler 4to fend for themselves, as to not expose the revolutionaries true numbers. Jordan wishes to go and help them because they are his comrades, but if he is to that, then he would be killed because of what some would call courage and what others would call stupidity. He is faced with either death or living a life of shame. El Sordo himself thinks the same as Jordan, wanting to die a glorious death since he knows that he should want to run away from the Fascists: â€Å"Dying was nothing and he had no picture of it nor fear of it in his mind. . . . Living was a hawk in the sky. Livng was an earthen jar of water in the dust of the threshing with the grain flailed out and the chaff blowing.† (Tolls 313). El Sordo does not fear death because he accepts that it is an inevitable part of life. Both Henry and Jordan begin to have second thoughts of their long held beliefs that men should be cold, merciless soldiers and start to wonder if their new ideas about wanting to be afraid are the ones they should listen to guide their lives. At the end of the novels, both Henry and Jordan face death, either directly or indirectly caused by war, and try to cope with it. In Arms, Henry is faced with the death of his wife and child in Switzerland. During child birth, Catherine develops complications and needs to be heavily medicated to numb the pain. Their child is still-born and Catherine soon after dies from massive blood loss. The loss of Henry’s wife forces him to think about how he has lived his life. He begins to wonder if it was worth it shooting those men for refusing to help him. He questions if he should have even joined the army in the first place. Henry even begins to think that perhaps the war is not some game and that even the innocent can be affected by it. He simply retreats back into his own thoughts because he cannot face the world anymore. Henry displays such self control that it cannot be healthy. He is trying to not show any weakness, an idea that he has always held to be true, even though he does not want to glorify war anymore: â€Å"Such illustrious-control is a visible expression of the self-discipline, knowledge, skill, and poise a man must Detzler 5achieve-as well as the honesty, courage, persistence, and stoic endurance he must possess in order to confront the vicissitudes of his life and the inevitability of . . . death on his own terms and with honour† (Miles para 9). Henry develops a strong resolution towards death and does not feel anymore that war, a vast death machine, should be promoted since it can hurt even the most innocent people in the world, such as unborn children. He then proceed to vanish from this world and become like a walking zombie, unable to move on with his life but unafraid of anything anymore that might threaten him since he has already lost what is most precious to him. In Arms, Jordan is faced with death at the end of the novel in many different ways. His friend Anselmo is killed during the bridge demolition while trying to protect Jordan. Anselmo himself did not like death but was willing to face God if it meant the completion of Jordan’s task. Jordan himself is gravely injured while trying to flee from the Fascists and resolves to take out as many as he can before he dies. Jordan does not show any weakness towards his friends, even though he is terrified and wants to run. Jordan changes from seeing death as something far away as something that affects  everyone. It is a chance for Jordan to redeem his past life and try to come to grips with how he sees death and war. He realizes that he has lived his life wrong and that the war that he is fighting in is not the one he thought he would be fighting for. Jordan originally thought that he was fighting to save the Spanish people from the Fascists but he eventually realized he was not fighting to save the people but rather to replace one corrupt leader for another. He then comes to accept that he will die soon and waits for his time on Earth to end, hoping to take an enemy with him when he goes:Dying is only bad when it takes a long time and hurts so much that it humilates you. . . . [T]here is something you can do yet. As long as you know what it is you have to do it. As long as you remember what it is you have to wait for that. Come on. Let them come. Let them come. Detzler 6Let them come! . . . And if if you wait and hold them up even a little while or just get the officer that may make all the difference† (Tolls 468-470). To Jordan, death is an inevitable part of life and now he is dedicated to taking someone down with him. His part in war is over forever but he does not want to just fade away. He understands that war is glorious but if the next man is an enemy, that man is marked for death. Therefore, both Henry and Jordan come to understand death better and to know that war is not a glorious event. War is simply a big political game with the small people taking most of the fall. In conclusion, we see how both Henry and Jordan have changes brought about to their perceptions of war. They originally join their cause simply because it is something that all men were doing at that point in life. War was someplace that boys could go and become men. War was some far off land where men would run towards each other twice, shake hands and become friends again. Henry and Jordan soon see that war is nothing like this, with innocent people being killed simply because they are in the wrong place at the wrong time. Both men evolve from their original selves and change their ideas about life and death. Henry and Jordan lose a part of themselves during their battles, becoming better men in the end. They may be alone in the world but they are better men than they originally were: â€Å"[T]he individual is on his own, like a Pilgrim walking into the unknown with  neither shelter or guidance, thrown upon his own resources, his strength, and his judgement. Hemingway’s style is the style of understatement since his hero is a hero of action, which is the human conditon† (Hallengren para 17) These men, even though sometimes shallow, exhibit many qualities that both genders should live up to: honesty, courage bravery, morality, intelligence, affection, pride and sometimes sentimentality. These are the qualities that allow the two main characters to see through the â€Å"fog of war† and come to the basic conclusion: war is not meant for all people to be involved in and it should not Detzler 7be put up on a pedestal but rather looked upon with a logical mind. Even though peace is a lofty goal, it is very unlikely for humanity to succeed in achieving world peace. Until that day, war will be an everyday aspect to our lives and we need to step back and take another look at it. We need to stop viewing war as a big game and see it as a big political game, one that is not meant to help the little people, just like Henry and Jor dan learned. Works Cited Donnel, Sean M.. Hemingway’s Short Fiction and the Crisis of Middle Class Masculinity. [Online] Available http://www.elcamino.edu/Faculty/sdonnell/hemingway’s_ masculinity.htm , May 12, 2006. Hallengren, Anders. A Case of Identity: Ernest Hemingway. [Online] Available http://nobelprize.org/literature/articles/hallengren/index.html , April 21, 2006. Hemingway, Ernest. A Farewell to Arms. New York: Charles Scribner’s Sons Publishing Company, 1957. – – – – . For Whom the Bell Tolls. New York: Charles Scribner’s Sons Publishing Company, 1968. Miles, Melvin C.. An Introductory Overview to Hemingway. [Online] Available http://www.elcamino.edu/Faculty/sdonnell/hemingway.htm , May 10, 2006.

Final exam case study's answers Study Example | Topics and Well Written Essays - 1250 words

Final exam 's answers - Case Study Example The marine project is likely to boost tourism by transforming Queensland into a home of Australia’s largest tourism infrastructure development that will lure both tourists and international investment. Therefore, the research problem in this case study is the feasibility of the Queensland Government Multibillion Marine project, its allied socio-economic benefits, and impacts, especially to the environment and the residents. Purpose statement The purpose of this research is to establish the viability of the Broadwater Marine Project proposed by the Queensland Government and its potential impacts on the tourism and construction sectors, the environment and the livelihoods of the residents adjacent to the Broadwater. Significance of the Research This research is significant because these findings will provide justifiable evidence concerning the viability of the Broadwater Marine project, and its potential impacts on the environment and the residents of the Spit. This information will be useful for all the stakeholders in the Broadway Marine project because it will provide a formidable foundation for planning to maximise the benefits while limiting the impacts on the environment and the residents of the Spit. ... What are some of the socio-economic benefits of the Broadwater Marine Project to both the government and the residents of the Spit? d. What are some of the potential environmental and social impacts of the Broadwater Marine Project? e. How can the social and environmental negative impacts of the Broadwater Marine Project be reduced, and where possible eliminated all together? Q.2 1) The Research Philosophy The research philosophy that best fits the research questions and objectives is Positivism, an ideology that is characterised by hypothesis/theory testing through measurement of observable social realities. According to the positivists, the social world exists objectively and independently, knowledge is viable only is it is based on the observable reality and that universal theoretical models explaining cause-effect relationships are generalizable and can be used to predict outcomes. The research objectives can be best achieved if the research is guided by values of the positivism philosophy such as reason, truth and validity; the research will focus purely on observable facts. The research data will be gathered through direct observation and experience, measured empirically using quantitative methods such as statistical analysis, surveys and experiments. The viability of the Broadwater Marine project, its perceived socio-economic benefits to the Queensland Government and the Spit residents, and its potential environmental and social impacts can be measured empirically. Positivism provides the relevant tools for data gathering i.e. through observation and experience, measuring using quantitative methods- surveys and experiments, and statistical analysis; given the vast scope of this research, it must be