Running head: LEGAL POLICY AND HUMAN RESOURSE 1
LEGAL POLICY AND HUMAN RESOURCE 4
Legal Policy and Human Resource
Student’s Name
Institution Affiliation
Legal Policy and Human Resource
Written presentation
A written presentation in a legal case and a legal concept is more often beneficial regardless of the case may be or whether a court has directed one to file any. Judges barely complain about written presentation so long as the opposing party is given a copy. Written submission entails the identity of the case plus the party which a barrister is writing the presentation for. It should be brief and not repetitive, be rightfully structured according to the nature of a case, e.g., use of appropriate headings and sub-heading, provide tables of content in complex cases. Headings should not be generic but rather useful, be in a logical order for easy decision making. A written presentation should be written early and often. A problem may arise when drafting the presentation and the earlier they are identified, the easier it will be to fix them.
The written presentation should at least be submitted to a judge a day before the hearing. It is better for one to email the presentation to the chamber then file them at the registry. Written submission should contain an opening, legal issues, and closing submissions. After one is done with writing the presentation, he/she should proofread it to collect grammatical errors, spelling mistakes, and poor formatting.
Oral presentation
In oral presentations, the first golden rule is for barristers to know that their first duty is not to their clients but rather to the court. A lawyer must never mislead a court because the court looks upon them for assistance (Mlphurs, 2013). If a court asks a question, the lawyer should answer it; if he or she is unable to answer, he should seek for assistance or take the question on notice. During the hearing, a lawyer should announce his or/her name and the party he appears for transparently. He/she should be prepared with short written notes discussed with any other side beforehand. State matters that are contentious and those that are not, have documents needed ready and copies for the opposing party, bring copies to the court as well and be aware of the power that the court posses to grant the orders your seeking. In the notice of the motion, a lawyer should state the power for relief sought if it is not contained in motion, give copies of any written evidence to the opponents, give summary of the details in the presiding, state what evidence he/she is relying on, The oral presentation should also have an opening submission, evidence, and closing submission. The opening submission should be brief, the evidence should be relevant and finally the closing submission should be referred back to the evidences provided.
Legal terminologies in employmen.
Running head LEGAL POLICY AND HUMAN RESOURSE .docx
1. Running head: LEGAL POLICY AND HUMAN RESOURSE
1
LEGAL POLICY AND HUMAN RESOURCE
4
Legal Policy and Human Resource
Student’s Name
Institution Affiliation
Legal Policy and Human Resource
Written presentation
A written presentation in a legal case and a legal concept is
more often beneficial regardless of the case may be or whether a
court has directed one to file any. Judges barely complain about
written presentation so long as the opposing party is given a
copy. Written submission entails the identity of the case plus
the party which a barrister is writing the presentation for. It
2. should be brief and not repetitive, be rightfully structured
according to the nature of a case, e.g., use of appropriate
headings and sub-heading, provide tables of content in complex
cases. Headings should not be generic but rather useful, be in a
logical order for easy decision making. A written presentation
should be written early and often. A problem may arise when
drafting the presentation and the earlier they are identified, the
easier it will be to fix them.
The written presentation should at least be submitted to a judge
a day before the hearing. It is better for one to email the
presentation to the chamber then file them at the registry.
Written submission should contain an opening, legal issues, and
closing submissions. After one is done with writing the
presentation, he/she should proofread it to collect grammatical
errors, spelling mistakes, and poor formatting.
Oral presentation
In oral presentations, the first golden rule is for barristers to
know that their first duty is not to their clients but rather to the
court. A lawyer must never mislead a court because the court
looks upon them for assistance (Mlphurs, 2013). If a court asks
a question, the lawyer should answer it; if he or she is unable to
answer, he should seek for assistance or take the question on
notice. During the hearing, a lawyer should announce his or/her
name and the party he appears for transparently. He/she should
be prepared with short written notes discussed with any other
side beforehand. State matters that are contentious and those
that are not, have documents needed ready and copies for the
opposing party, bring copies to the court as well and be aware
of the power that the court posses to grant the orders your
seeking. In the notice of the motion, a lawyer should state the
power for relief sought if it is not contained in motion, give
copies of any written evidence to the opponents, give summary
of the details in the presiding, state what evidence he/she is
relying on, The oral presentation should also have an opening
submission, evidence, and closing submission. The opening
submission should be brief, the evidence should be relevant and
3. finally the closing submission should be referred back to the
evidences provided.
Legal terminologies in employment issues.
Adoptive leave. Is a leave given to an adoptive mother or a
single father after they have adopted a child?
Annual leave. Is a leave given to workers either a holiday or
rest yearly. The workers are also paid.
Collective agreements. They are agreements between unions and
employers on the terms and conditions for employment.
Contract of employment. It exists if a person has been offered a
job in exchange for a wage and he/she accepts it.
The range of legal liability for HR.
Compliance with employment regulations. The HRs should
classify employees and know when an employee is entitled to
overtime pay.
Compliance with laws governing wages and benefits. HRs
should ensure that workers benefits are given according to
federal regulations.
The relationship between employment law and HR policies.-
Both employment law and HR policies have a mandate of
protecting employees, guiding the management on how to best
handle employees and ensuring that companies comply with the
government mandates and regulations.
Elora Jean and Co. case
To: Owner of Elora Jean & Co.
From: Human resource consultant
Subject: Sexual Harassment Policy
After conducting my investigation on the case of sexual
harassment filed by one of the employees at the EEOC, I
realized that Elora Jean and Co. do not have procedures and
policies to prevent sexual harassment at the workplace.
First, the company should have policies pertaining sexual
harassment to have a correct procedure of the investigation. It is
hard to take necessary actions when claims we first made as
there are no guidelines that the company should follow in a
sexual harassment situation. To have a better defense case, the
4. company should have ensured that all employees are aware of
the policies set about sexual harassment. Also, the company
ought to have a proper method in the case of the sexual
harassment claim, followed by a thorough investigation of the
purported claim.
If the charges are found to be factual by EEOC, the company
can be held responsible and can be punished. However, sexual
harassment charges depend on the position of the employee that
harassed the one making the complaint. The chances are that the
supervisor who harassed the employee may not be liable even
when it is proven that the complainant experienced harassment
(Kourosh, 2017). The company will be answerable in that case,
the offender, in this case, was a company's supervisor, and other
supervisors knew of the harassment but never took actions to
correct the situation.
A sexual harassment policy should be created in the company to
prevent such cases. I will recommend that the company have
zero tolerance for such cases. Complaints on sexual; harassment
should be taken seriously, everyone should understand and
know the policy and that affirmative actions will be taken
against offenders. Prevention of the reoccurrence of such
misconducts should be prioritized and make victims whole
again.
A recent sexual harassment case involving Costco Wholesale
Inc is a perfect example where EEOC charged the company. The
company failed to intervene against customer harassment. A
customer at Costco company was stalking and harassing a
female employee. The employee reported the matter to the
management, but they took no action to prevent the harassment.
She later obtained a restraining order against that customer.
At the trial, Richard Mrizek and Laura Feldman the EEOC
attorneys argued that the company was aware of the misconduct
of the customer but did nothing to prevent it. This created an
insecure working environment for the employee thus
violating her Civil Rights Act of 1964 (Buckley, 2016). This
jury rejected Costco arguments and was forced to compensate
5. $250000 to the employee for damages.
The Civil Rights Acts of 1991, prohibits discrimination in the
employment sector regarding; race, color, religion, ethnic or
gender-based. The Act will be vital in protecting future workers
from being discriminated in regards to their color, gender, race
e.tc. while they are searching for employment in the company.
I believe that the above information will help you implement a
policy on sexual harassment and also help you know what to do
if any of your employees is a victim of sexual harassment. The
Costco example will help you know the consequences that your
company will experience as well as prepare for the company's
defense.
References
BUCKLEY, J. O. H. N. F. I. V. (2016). EQUAL
EMPLOYMENT OPPORTUNITY COMPLIANCE GUIDE: 2017
edition. S.l.: WOLTERS KLUWER LAW & BUS.
Kourosh, A. (2017). Employer Liability for Sexual Harassment.
Retrieved on January 24, 2017.
Mlphurs, R. (2013). Rhetoric & Discourse in Supreme Court
Oral Argument. Routledge.
6. RE: Discussion - Week 4
COLLAPSE
Top of Form
Initial post
The only agreement surrounding the definition of
population health is that almost everyone disagrees with each
other’s definition. The terms public health and population
health are often interspersed, but many feel that they are two
separate entities. Public health is seen as confining, and
population health seems too broad. Whatever definition a person
chooses to adopt, the five main determinants remain the same:
access to healthcare, individual behavior, social environment,
physical environment, and genetics (Kindig, Asada, Booske,
2008 para. 4).
The determinant that causes the most inequality of
health in my area is social environment. “Social determinant: A
proposed or established causal factor in the social environment
that affects health outcomes (e.g., income, education,
occupation, class, social support)” (Kindig, 2007 p. 153). But I
also feel that directly related to the social determinant is the
health determinant. “Health care determinant: A proposed or
established causal factor in health care that affects health
outcomes (e.g., access, quantity, and quality of health care
services)” (Kindig, 2007 p. 153). I live in Collier County
Florida. An area that is commonly known around the country to
be one of the most prestigious and wealthy areas of the United
States. It is a beach community and homes on the Gulf of
Mexico, on average, are worth approximately 35 million dollars.
However, this represents a very small portion of the entire
county. The county also has a large community about 15 miles
away where the entire population is Hispanic. “The latest
census bureau data available indicate that in 2014, 53 percent of
7. Collier County residents spoke a language other than English in
the home. This is directly correlated with the growth of the
Hispanic population” (Florida Health, p. 4). The vast difference
in the social environment between these two areas is like
comparing apples to oranges. The income, education,
occupation and social support for the Hispanic community is
virtually non-existent when compared to the beach community.
The majority of the Hispanic population is brought by bus to the
more affluent areas for construction, landscaping, and trash
removal occupations. The education system for the Hispanic
area is one of the worst rated in the state and social support is
non-existent. This community exists close to us but it is rarely
spoken about. Because the community is of one race, the health-
related disparities that Kindig (et al 2008) lists in the
schematic, race/ethnicity, socioeconomic status, and
geographical location, apply to almost the entire population.
As you can imagine, with such a poor social environment the
health care determinants of access, quantity, and quality of
health care are also almost non-existent. There are no health
care facilities within the community, and many of the facilities
within the more affluent area do not accept Medicaid or
uninsured patients. “When accounting for race and ethnicity,
Hispanics in Collier County are more likely to be uninsured
than non-Hispanic whites and blacks. Health insurance coverage
rates in Collier County and Florida are highly correlated with
the education attainment and income level” (Florida Health,
2016 p. 6). With little income, education, and health care
coverage, this community should be a top priority for
lawmakers within our county. The other health determinants of
individual behavior and genetics can be attributed to lack of
health education. With few resources for any health care, the
education of chronic diseases such as diabetes and how it can be
prevented by lifestyle changes and its genetic component are
also non-existent.
One of the definitions of public health provided by
Kindig defines it as “A conceptual framework for thinking
8. about why some populations are healthier than others, as well as
the policy development, research agenda, and resource
allocation that flow from it” (Kindig, 2007). I believe that
Collier County is a true indication that not all resources of
public health are distributed evenly and could be used as a
research model of just how vast the differences often are. While
the data is out there showing the injustice, little has been done
to correct it.
References
Florida Health (2016). Collier County community health
assessment. Retrieved
from http://www.floridahealth.gov/provider-and-partner-
resources/community-partnerships/floridamapp/state-and-
community-reports/collier-
county/_documents/CollierCHA.pdf.pdf
Kindig, D. A. (2007). Understanding population health
terminology. The Milbank Quarterly, 85(1), 139–161. Retrieved
from https://ezp.waldenulibrary.org/login?url=https://search.ebs
cohost.com/login.aspx?direct=true&db=mnh&AN=17319809&si
te=ehost-live&scope=site
Kindig, D.A., Asada, Y, Booske, B. (2008). A population health
framework for setting national and state health goals. Retrieved
from https://jama-jamanetwork-
com.ezp.waldenulibrary.org/article.aspx?articleid=181830
Bottom of Form
Anne Burgos
RE: Discussion - Week 4
COLLAPSE
Top of Form
Nsg 6050-Week 4 Discussion
Initial Post
Key Health Determinants
There are many factors that play a part in determining the health
9. outcomes of a population. Some key determinants include
access to health care, individual behavior, social environment,
physical environment, and genetics. When looking at specific
health issues, these determinants should be considered during
the development of policy in order to improve
patient/population health outcomes. One particular population
health issue that has been proven to be of significant concern is
hypertension, as it correlates directly with one's risk for heart
disease, stroke, and other comorbidities.
According to the CDC, between 2015-2016, the incidence of
hypertension was at 29% among Americans, with less than one-
half of those individuals having their hypertension under
control (Center for Disease Control and Prevention, 2017).
Obvious disparities in prevalence and hypertension control were
seen with varying age, race, and gender. Hypertension was seen
in 33.2% of adults age 40-59, and 63.1% of adults over 60 years
of age. The incidence among non-Hispanic black was
significantly higher at 40.3%, while Non-Hispanic white and
Hispanic were 27.8% and non-Hispanic Asian were 25% (CDC,
2017). Conversely, controlled hypertension was more evident
with non-Hispanic white population being 50.8%, non-Hispanic
black 44.6%, and non-Hispanic Asian 37.4% (Center for
Disease Control and Prevention, 2017). These statistics beg to
question which determinants are directly related to the
disparities.
Access to health care is likely the most important determinant
in population health and the number one topic area listed on the
Healthy People 2020's brochure (U.S. Department of Health and
Human Services, 2010). “Access to health care impacts one's
overall physical, social, and mental health status and quality of
life” (Offices of Disease Prevention and Health Promotion,
2018). Populations that do not have health insurance or access
to adequate health care are less likely to be diagnosed, and
definitively less likely to receive the necessary treatments or
medications. By identifying barriers to health care it is possible
to enact policies to make health care more accessible, through
10. the development of policies and legislative acts such as the
Affordable Care Act. However, having access to health care
alone does not account for the individual’s responsibility to
seek the appropriate care.
Individual behaviors have an effect on whether a person
participates in routine check-ups, whether they seek care for
concerning symptoms, and if they comply with recommended
medications or treatments. Just because a person has health
insurance, and is entitled to an annual check-up with a primary
care provider, does not mean that they will necessarily make
that appointment. All too often you hear of someone coming
into the emergency department in hypertensive crisis or with
some other concern because they thought they were well, they
didn’t have any symptoms, or they haven’t bothered to see a
doctor in years because they didn’t feel it was necessary. Many
health problems could be prevented, or diagnosed and treated
earlier, simply by individual’s taking a more proactive approach
to their health and getting annual check-ups.
Social environment and physical environments are two other
determinants that are associated strongly with how and where
one was raised and where they currently reside. One’s education
level and career correlate directly to one's income, housing
situation and the neighborhood in which they live. Lower
income families tend to have less access to routine health care
and quality nutrition, leading to later diagnosis, fewer treatment
options, and worse health outcomes. By creating policy and
programs in these lower income areas it is possible to make
large changes in population health outcomes. Drastic results
were obtained by Dr. Beilenson’s work, when efforts were made
to decrease the incidence of gonorrhea, chlamydia, and syphilis,
in a lower income area in Baltimore City, Maryland. Through
the implementation of various programs, in just one year there
was an 82.4% decrease in the incidence of syphilis in Baltimore
City, Maryland (Laureate Education, 2012h).
While some determinants are modifiable, such as individual
behavior, others like genetics are not. Genetics is one
11. determinant that plays a huge part in a person’s risk for certain
health problems. Knowing that one population is more
predisposed to a certain condition, such as hypertension among
non-Hispanic blacks, can help patients and health care providers
to act accordingly. Understanding the need for increased
screening, diet and exercise modification and patient education
within a certain population can help to shift these statistics in
the right direction.
The use of epidemiological research allows us as health care
providers to hone in on specific populations at risk for health
issues such as hypertension, and address the key determinants
that place them at risk. These determinants can then be applied
during the development of new policies and early intervention
allowing for more efficient care. Understanding what factors
(modifiable and non-modifiable) place a specific population at
risk, and what barriers they have to health care access are the
first steps in addressing population-specific health concerns.
References
Center for Disease Control and Prevention. (2017). National
Center for Health Statistics. Hypertension prevalence and
control among adults: United States, 2015–2016. Retrieved
from https://www.cdc.gov/nchs/products/databriefs/db289.htm
Laureate Education (Producer). (2012h). Population health.
Baltimore, MD: Author
Office of Disease Prevention and Health Promotion.
(2018). Healthy People.gov. Retrieved
from https://www.healthypeople.gov/2020/topics-
objectives/topic/Access-to-Health-Services
U.S. Department of Health and Human Services.
(2010). Healthy People 2020. Retrieved from
https://www.healthypeople.gov/sites/default/files/HP2020_bro
chure_with_LHI_508_FNL.pdf
12. Here is the breakdown of your earned points for the assignment
and applicable comments. Please let me know if you have any
questions about the feedback on your assignment. Maximum
possible points for the assignment: 150 Total points earned for
the assignment less any late penalty (rounded): 118 - Task
Requirements points earned: 32.93 out of 37 - Demonstration
and application of knowledge points earned: 65.57 out of 83 -
Academic writing and format points earned: 19.5 out of 30 -
Late Penalty (0%) points subtracted: (0) Strengths: You
presented information on sexual harassment and why it is good
to have a policy in place. Opportunities for improvement:
However, there were more requirements such as a discussion on
the differences between mediation and litigation and which is
better for the company along with a few other details. Be sure to
follow the listing of requirements for the assignment.
Additional comments: Let me know if you have any questions.