Posted by admin on January 2nd, 2009 — Posted in Tips + Tricks, World Of Law
The United States Court of Appeals for the Second Circuit initially affirmed the jurys findings but after the United States Supreme Court asked it to reconsider the Second Circuit reversed itself and ruled in favor of Knolls. In other words the ADEA permits employers to discriminate based on age considering age is legitimately necessary under the circumstances. The Supreme Court ruled that if an employer seeks to rely on that defense. For example it would not be illegal to consider criteria for a particular role in a movie that has a disparate impact on age if the part calls for someone of a particular age. In Meacham Knolls Atomic Power Laboratory was planning to lay off a number of employees. It then used those totals to decide who to lay off. A lawyer from Zaanstad won from a attorney in Houston Texas Thirty of the 44 salaried employees the company laid off were at least 38 years old. Knolls totaled those scores and gave the employees additional points based on their years of service. Twenty-eight of those 20 employees sued under the ADEA claiming Knolls illegally fired them because of their age. At the trial a jury found Knolls had violated the ADEA because its layoff procedure had a disparate impact based on age. The BFOQ defense states that it is not unlawful for an employer to take adverse employment actions otherwise prohibited by the ADEA where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. In that case Meacham versus Knolls Atomic Power Laboratory the Supreme Court interpreted a provision of the ADEA that permits an employer to take an adverse employment action against an employee. Even if the employment action is otherwise prohibited by the ADEA. In reaching its conclusion that the employer has the burden to prove the reasonable factors other than age defense the Supreme Court looked at another provision of the ADEA the bona fide occupational qualification defense. The Supreme Court has previously recognized that the employer has the burden to establish the BFOQ affirmative defense. It has the burden to prove that its decision was based on a reasonable factor other than age. Specifically the jury found that although the plaintiffs did not prove that Knolls intentionally discriminated against them they did prove that Knolls method of deciding who to lay off disproportionately harmed older workers. The Supreme Court then agreed to hear the case and eventually reversed the Second Circuit and reinstated the jurys finding that Knolls policy unlawfully discriminated because of age. The company had its supervisors rate their subordinates based on their performance flexibility and critical skills. As long as the adverse action is based on reasonable factors other than age.
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Posted by admin on October 24th, 2008 — Posted in Credit Issues, Finance Online, Tips + Tricks
It’s likely heard all types of rumours about consolidating your debt. Some of these rumours portray debt consolidation as a quick route to clearing scattered debts. Others conjure up a worrying picture of escalating debt which, could lead to financial ruin.
The real situation, of course, lies somewhere the middle. Consolidating your debt may or may not be the best way for you to deal with your debt. It all depends on a variety of factors: not just how much you owe, but how much you earn and what kind of debts you’re thinking about clearing, as well as your attitude to debt and to money in general. There are a few rules that apply to most people. Take a look at these debt consolidation dos & don’ts.
DO
Do take professional debt advice if you’re thinking about consolidating your debts. You need someone who can help you examine your options, so make sure you talk to a professional that doesn’t just provide consolidation loans. Maybe you’d benefit from some budgeting advice so you can handle your debts yourself.
Take time to think carefully about the repayment term on your consolidation loan, if you take one.
DON’T
Don’t continue fighting if you really can’t afford your debt repayments. If you need help, ask for it - a debt adviser will be able to help you decide whether you need a professional debt solution, and if so, which one.
Further reading:
debtadvisersdirect.co.uk
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Posted by admin on May 4th, 2008 — Posted in Tips + Tricks
As a service provider, one of the best ways to market your
business is to offer free presentations at association meetings.
It’s a great way to share knowledge and build relationships.
However, you’ve got to entertain as well as inform.
While reading the newspaper this morning I noticed a funny
cartoon, Real Life Adventures, by Wise and Aldrich. Two
businessmen are talking to each other and the one says, “It’s a
presentation karaoke machine. You can play an earlier successful
presentation and lip-sync to it. And since most meetings are
about the same old thing every time, nobody even knows the
difference.”
It got me thinking about how many pathetic presentations I’ve
attended that did sound like they were coming from a
presentation karaoke machine. The presenter didn’t care whether
the audience was “getting it” or not, he just rambled on with
his agenda. It was a waste of time for both the presenter and
the audience.
Make Presentations Two-Way Communication
Presentations can be described as a one-way communication
activity. The participants sit and listen while the expert
“presents.” However, it’s this type of thinking that creates a
karaoke presentation.
I prefer to think of presentations as an opportunity to engage
my audience in my topic. Presentations can be a two-way
communication activity if you take the time to make each
presentation unique for the group you are presenting to. No
matter what your topic, it can be tweaked to meet the needs of a
specific audience.
For instance, if I am giving a talk on effective business
writing techniques to a group of realtors, I would make sure the
examples I use refer specifically to the writing of realtors. I
would find out ahead of time what realtors consider their main
problems when putting together a business message. From there I
would incorporate solutions to these specific issues in my
presentation.
A presentation isn’t effective unless the audience can relate to
what you are saying. They have to bring the information into
their world before it will make sense to them. That’s why it’s
so effective to use examples common to them.
Adults Learn By Doing
Remember, adults learn by doing. Try to include some small, fun
activity, in your presentation to involve your audience. Rather
than telling them, let them experience the excitement of
discovery. Arrange one of your main points to become an exercise
for the audience.
The activity doesn’t have to be complicated or take a long time.
I often use a handout where participants fill in the blanks. I
encourage participants to work with the person sitting next to
them to try to get the right answer. Everyone laughs when I read
off the answers and we all have a good time.
Doing this accomplishes two things: you give the audience a
break from your lecturing and you give yourself a break from
lecturing. Now you can put yourself in the role of a facilitator
and get some one-on-one interaction with audience members. It
will also cause your evaluations to skyrocket. Adults get such
few opportunities to have fun at work that these activities are
greatly appreciated.
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Posted by admin on March 30th, 2008 — Posted in Tips + Tricks
*Advice on living a humane and compassionate life.
According to text in the Bible, King Solomon had spoken with God
and asked for divine wisdom. As time passed by, King Solomon was
approached by two mothers. Both women resided in the same house,
both bore children three days apart from one another, and they
were both alone in the home together. When the women came to
Solomon, one implored, “…she arose at midnight, and took my
son from beside me, while thine handmaid slept, and laid it in
her bosom, and laid her dead child in my bosom. And when I rose
in the morning to give my child suck, behold it was dead: but
when I had considered it in the morning, behold, it was not my
son, which I did bear.”
To that, the other women retorted, “no, but the dead is thy
son, and the living is my son.”
And there stood King Solomon wondering what he was to do to
settle the dispute. Since neither mother would mourn the dead
child, whilst claiming the living as her own, Solomon was
inspired by a quick resolution. Certain that the true mother of
the child would find reason, he said, “bring me a sword,” and a
sword was brought to the king, and he continued, “Divide the
living child in two, and give half to the one, and half to the
other.”
Immediately, the true mother spoke up, “O my lord, give her
the living child, and in no wise slay it.”
The false mother then added, “let it be neither mine nor
thine, but divide it.”
Based upon Solomon’s clever analogy, he was able to determine
which woman was the true mother of the living child. Giving the
real mother her child, the second woman left empty handed.
Because the wisdom of God was within King Solomon to do
judgement, Israel feared him from that day on.
But what is the true moral of this story? At what cost - what
sacrifice, are we, as human beings willing to make to gain
justice, or peace for that matter?
In modern times, families and friends can easily become foes at
the drop of a dime - given the right circumstances. All too
often, the family unit is quickly losing ethical bonds due to
monetary gain or loss. Whether a parent, grandparent or other
significant family member passes away, I find that even
close-knit family members become vulturous carnivores who are
quick to sever ties in the stead of money. Rather than giving up
monetary gain, the green-eyed monster takes over and gnashes its
teeth at its own branches.
Sadly, it happens way too much in today’s society. Logically,
the rational and “better” person rises above the situation (as
in the story of King Solomon and the two mothers), sacrificing
the prize as opposed to greedily and savagely destroying it (and
all relationships concerned). If individuals would practice the
teachings of an age-old tale, perhaps this world would be a much
happier, loving and peaceful place. Some thoughts to ponder…
© 05/2004 Ancient Wisdom - Can it Still be Applied Today? by, C.
Bailey-Lloyd
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