Dessler Chapter Essay

1) Which Amendment to the U. S. Constitution states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law†? A) First Amendment B) Fifth Amendment C) Tenth Amendment D) Thirteenth Amendment E) Fourteenth Amendment Answer: B Explanation: The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 2) The ________ Amendment to the U. S. Constitution outlawed slavery, and courts have held that it bars racial discrimination. A) First B) Fifth C) Tenth D) Thirteenth E) Fourteenth Answer: D Explanation: The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 3) The 13th Amendment to the U. S. Constitution addresses the subject of ________. A) due process B) slavery C) private property D) trial by jury E) women’s rights Answer: B Explanation: The 13th Amendment to the U. S. Constitution abolished slavery and courts have held that it bars racial discrimination. The 5th Amendment addresses due process, and the 6th Amendment requires a trial by jury. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 4) The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. A) Fifth Amendment B) Civil Rights Act of 1866 C) Title VII of the 1964 Civil Rights Act D) Civil Rights Act of 1991 E) Thirteenth Amendment Answer: B Explanation: The Civil Rights Act of 1866 gives all persons the same right to make and enforce contracts and to benefit from U. S. laws. The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot discriminate based on race, color, religion, sex, or national origin. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 5) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________. A) race B) religion C) color D) sexual orientation E) national origin Answer: D Explanation: Title VII of the 1964 Civil Rights Act states that an employer cannot discriminate based on race, color, religion, sex, or national origin. Title VII bars discrimination on the part of most employers both public and private with 15 or more employees. Sexual orientation is not directly addressed under the law. Diff: 1Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 6) According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex? A) a state agency with 65 employees B) a medical office with 25 employees C) a local restaurant with 10 employees D) a department store with 100 employees E) a public school with 30 employees Answer: C Explanation: Title VII bars discrimination on the part of most employers, including all public or private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments. A business with fewer than 15 employees would legally be allowed to refuse employment based on race, religion, sex, or national origin. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Application 7) Which legislation was responsible for the creation of the Equal Employment Opportunity Commission? A) 13th Amendment B) Equal Pay Act of 1963 C) Civil Rights Act of 1866 D) Executive Orders 11246 and 11375 E) Title VII of the 1964 Civil Rights Act Answer: E Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission itself consists of five members appointed by the president with the advice and consent of the Senate. Executive Orders 11246 and 11375 established the Office of Federal Contract Compliance Programs. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 8) The EEOC was initially established to investigate complaints about ________. A) job discrimination B) unfair business practices C) sexual harassment in schools D) structural accommodations for disabled people E) overtime payments for labor union members Answer: A Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job discrimination complaints from aggrieved individuals. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 9) How many members serve on the Equal Employment Opportunity Commission? A) 3 B) 5 C) 9 D) 10 E) 12 Answer: B Explanation: The Equal Employment Opportunity Commission (EEOC) consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. Diff: 1Page Ref: 32 Chapter: 1 Objective: 1 Skill: Concept 10) Which of the following appoints the members of the EEOC? A) U. S. Congress B) U. S. Supreme Court C) President of the United States D) Department of Justice E) American voters Answer: C Explanation: The EEOC consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. Diff: 1Page Ref: 32 Chapter: 1 Objective: 1 Skill: Concept 11) Which of the following requires equal pay for equal work regardless of sex? A) Title VII of the 1964 Civil Rights Act B) Equal Pay Act of 1963 C) Executive Order 11246 D) Pay Discrimination in Employment Act of 1967 E) Civil Rights Act of 1991 Answer: B Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 12) When companies utilize ________, they take steps to eliminate the present effects of past discrimination. A) affirmative action B) executive orders C) rehabilitation action D) civil rights guidelines E) equal pay rules Answer: A Explanation: Affirmative action refers to steps that are taken for the purpose of eliminating the present effects of past discrimination. The Equal Pay Act of 1963 requires employers to pay equal pay for equal work, and the Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. Diff: 1Page Ref: 33 Chapter: 1 Objective: 1 Skill: Concept 13) Which of the following is responsible for implementing Executive Orders 11246 and 11375 that were issued by the Johnson administration? A) Equal Employment Opportunity Commission B) Pension Benefits Guarantee Corporation C) Occupational Safety and Health Administration D) National Labor Relations Board E) Office of Federal Contract Compliance Programs Answer: E Explanation: The Johnson administration (1963–1969) issued Executive Orders 11246 and 11375 which didn’t just ban discrimination but also required that government contractors with contracts of over $50,000 and 50 or more employees take affirmative action to ensure employment opportunity for those who may have suffered past discrimination. These orders also established the Office of Federal Contract Compliance Programs (OFCCP) to implement the orders and ensure compliance. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 14) Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963? A) merit B) seniority C) gender D) production quality E) production quantity Answer: C Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Pay differences derived from seniority systems, merit systems, and systems that measure earnings by production quantity or quality or from any factor other than sex do not violate the act. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 15) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination? A) Executive Order 11375 B) Equal Pay Act of 1963 C) Executive Order 11246 D) Age Discrimination in Employment Act of 1967 E) Thirteenth Amendment to the U. S. Constitution Answer: D Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Executive Orders 11246 and 11375 require government contractors to take affirmative action, the 13th Amendment barred slavery, and the Equal Pay Act made it unlawful to discriminate in pay based on the employee’s gender. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Application 16) According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________. A) sue an employer for age-based pay B) fire older employees for insubordination C) require employees to retire at age 65 D) allow juries to determine age discrimination E) institute a minimum age for employees Answer: C Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Subsequent amendments eliminated the age cap, effectively ending most mandatory retirement at age 65. The ADEA allows jury trials. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 17) The ________ requires certain federal contractors to take affirmative action for disabled persons. A) Equal Pay Act B) Vocational Rehabilitation Act C) Age Discrimination in Employment Act D) Americans with Disabilities Act E) Civil Rights Act Answer: B Explanation: The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. It does not require hiring unqualified people. It does require an employer to take steps to accommodate a disabled worker unless doing so imposes an undue hardship on the employer, which is addressed by the ADA. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 18) Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection, record keeping, and preemployment inquiries? A) job specifications B) employment metrics C) process charts D) uniform guidelines E) applicant tracking systems Answer: D Explanation: Uniform guidelines are issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail. They set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, and preemployment inquiries. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 19) Which of the following does NOT participate in the issuance of uniform guidelines? A) EEOC B) Department of Labor C) Better Business Bureau D) Department of Justice E) Civil Service Commission Answer: C Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issued uniform guidelines. These set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, and preemployment inquiries. The Better Business Bureau is not involved in issuing uniform guidelines. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 20) Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________. A) employee selection B) record keeping C) preemployment inquiries D) sexual harassment E) psychological testing Answer: E Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, sexual harassment, and preemployment inquiries. The American Psychological Association has its own non-legally binding Standards for Educational and Psychological Testing. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 21) Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws? A) Buckley v. Valeo B) Brown v. Board of Education C) Griggs v. Duke Power Company D) West Coast Hotel Co. v. Parrish E) Abington School District v. Schempp Answer: C Explanation: Griggs v. Duke Power Company was a landmark Supreme Court case used to define unfair discrimination as put forth in EEO laws such as Title VII. The Court ruled that employment practices must be job related and that discrimination does not have to be overt to be illegal. Brown v. Board of Education held that segregation in public schools was unconstitutional. Choices A, D, and E were not cases related to EEO laws. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 22) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________. A) high school diplomas were not related to success as a coal handler B) Duke Power Company intentionally discriminated based on race C) no business necessity existed for Duke Power Company D) Title VII forbids job testing E) Griggs held a GED Answer: A Explanation: The Court ruled in favor of Griggs because having a high school diploma was not relevant to the job of coal handler. The Court held that an employment practice must be job related if it has an unequal impact on members of a protected class. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 23) If a person is in a protected class, he or she is protected by which of the following? A) Department of Labor guidelines B) Sarbanes-Oxley Act C) Title VII of the Civil Rights Act D) Consumer Protection Act E) National Labor Relations Board Answer: C Explanation: The term protected class refers to persons such as minorities and women who are protected by equal opportunity laws, including Title VII. Choices A, B, D, and E are not equal opportunity laws. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 24) All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________. A) burden of proof is on the employer B) performance standards should be unambiguous C) business necessity is a defense for an existing program D) employment selection practices must be job related E) discrimination does not have to be overt to be illegal Answer: B Explanation: The Court ruled in Griggs v. Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related. The Court also ruled that business necessity is the defense for any existing program that has adverse impact and that discrimination does not have to be overt to be illegal. The case did not address performance standards. Diff: 3Page Ref: 34-35 Chapter: 2 Objective: 1 Skill: Concept 25) Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact. A) occupational qualification B) business necessity C) affirmative action D) burden of proof E) fair in form Answer: B Explanation: Business necessity is the defense for any existing program that has adverse impact according to Griggs. The court did not define business necessity. Diff: 2Page Ref: 35 Chapter: 2 Objective: 1 Skill: Concept 26) Which court case provided details regarding how employers could validate the relationship between screening tools and job performance? A) West Coast Hotel Co. v. Parrish B) Albemarle Paper Company v. Moody C) Griggs v. Duke Power Company D) Burlington Industries v. Ellerth E) Ward Cove v. Atonio Answer: B Explanation: In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. For example, the Court said that if an employer wants to test candidates for a job, then the employer should first clearly document and understand the job’s duties and responsibilities. Diff: 2Page Ref: 35 Chapter: 2 Objective: 1 Skill: Concept 27) Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related? A) plaintiff B) employee C) employer D) judge E) EEOC Answer: C Explanation: According to the Civil Rights Act of 1991, once an aggrieved applicant or employee demonstrates that an employment practice (such as â€Å"must lift 100 pounds†) has a disparate (or â€Å"adverse†) impact on a particular group, then the burden of proof shifts to the employer, who must show that the challenged practice is job related. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 28) According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________. A) back pay B) job reinstatement C) punitive damages D) compensatory damages E) substantive consolidation Answer: E Explanation: According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for back pay, attorneys’ fees, court costs, job reinstatement, punitive damages, and compensatory damages. Substantive consolidation is a legal term referring to debt consolidation. Diff: 2Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 29) Race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation? A) mixed motive B) business necessity C) disparate impact D) liability defense E) burden of proof Answer: A Explanation: An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called â€Å"mixed motive† cases had taken the position that even though their actions were discriminatory, other factors like the employee’s dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action—such as terminating someone—even without the discriminatory motive. Diff: 3Page Ref: 36 Chapter: 2 Objective: 1 Skill: Application 30) Which of the following requires employers to make reasonable accommodations for disabled employees? A) Civil Rights Act of 1991 B) Equal Pay Act of 1963 C) Americans with Disabilities Act of 1990 D) Vocational Rehabilitation Act of 1973 E) Disability Discrimination in Employment Act of 1967 Answer: C Explanation: The Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals. It also says employers must make â€Å"reasonable accommodations† for physical or mental limitations unless doing so imposes an â€Å"undue hardship† on the business. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 31) According to the Americans with Disabilities Act, which of the following would be considered a disability? A) homosexuality B) voyeurism C) pyromania D) compulsive gambling E) AIDS Answer: E Explanation: The ADA specifies conditions that it does not regard as disabilities, including homosexuality, bisexuality, voyeurism, compulsive gambling, pyromania, and certain disorders resulting from the current illegal use of drugs. The EEOC’s position is that the ADA prohibits discriminating against people with HIV/AIDS. Diff: 1Page Ref: 36 Chapter: 1 Objective: 1 Skill: Concept 32) Which type of disability accounts for the greatest number of ADA claims? A) drug-related B) cosmetic C) mental D) vision E) hearing Answer: C Explanation: Mental disabilities account for the greatest number of ADA claims. Under EEOC ADA guidelines, â€Å"mental impairment† includes â€Å"any mental or psychological disorder, such as . . . emotional or mental illness. † Drug-related conditions are generally not regarded as disabilities. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 33) Under ADA, those who can carry out the essential functions of the job are known as which of the following? A) protected class B) line managers C) career anchors D) staff authorities E) qualified individuals Answer: E Explanation: The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. The individual must have the requisite skills, educational background, and experience to do the job. Diff: 1Page Ref: 37 Chapter: 2 Objective: 1 Skill: Concept 34) Which of the following best explains why employers win the majority of ADA cases? A) Employers make the necessary reasonable accommodations for employees. B) Employers prove that age negatively impacts an employee’s job performance. C) Employees fail to prove that they are disabled yet qualified to perform a job. D) Conservative judges are sympathetic towards small-business owners. E) Employee attorneys fail to draw connections between Title VII and ADA. Answer: C Explanation: Employers traditionally prevailed in almost all—96%—federal circuit court ADA decisions. A main reason is that employees were failing to show that they were disabled and qualified to do the job. Unlike with Title VII of the Civil Rights Act, the employee must establish that he or she has a disability that fits under the ADA. Diff: 3Page Ref: 38 Chapter: 2 Objective: 1 Skill: Concept 35) Which of the following will be the most likely result of the ADA Amendments Act of 2008? A) Employees will find it easier to prove that their disabilities are limiting. B) The number of major life activities considered disabilities will be narrowed. C) Employers will be required to make fewer accommodations for workers with disabilities. D) Employers will be required to hire a specific percentage of disabled workers to be in compliance. E) Employees will apply for more jobs knowing that the legislation guarantees their employment. Answer: A Explanation: The new ADAA’s basic effect will be to make it much easier for employees to show that their disabilities are limiting. For example, the new act makes it easier for an employee to show that his or her disability is influencing one of the employee’s â€Å"major life activities. † It does this by adding examples like reading, concentrating, thinking, sleeping, and communicating to the list of ADA major life activities. Diff: 3Page Ref: 38 Chapter: 2 Objective: 1 Skill: Concept 36) In which of the following situations does sexual harassment NOT violate Title VII? A) if the conduct substantially interferes with a person’s work performance B) if the conduct creates an intimidating work environment C) if the conduct creates a hostile work environment D) if the conduct is motivated by both age and gender E) if the conduct creates an offensive work environment Answer: D Explanation: Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment violates Title VII. The motivation behind the conduct is not relevant to Title VII violations. Diff: 3Page Ref: 39 Chapter: 2 Objective: 2 Skill: Concept 37) The ________ provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) Pregnancy Discrimination Act D) Vietnam Era Veterans’ Readjustment Assistance Act of 1974 E) Vocational Rehabilitation Act of 1973 Answer: B Explanation: The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. The law offers an additional path women can use to seek relief for violent sexual harassment. Diff: 1Page Ref: 40 Chapter: 2 Objective: 2 Skill: Concept 38) Which of the following is NOT a form of sexual harassment according to EEOC guidelines? A) unwelcome sexual advances that create an intimidating work environment B) requests for sexual favors made implicitly as a condition of employment C) verbal conduct of a sexual nature that unreasonably interferes with work performance D) physical conduct of a sexual nature that creates an offensive work environment E) mutually consensual physical conduct of a sexual nature between co-workers Answer: E Explanation: EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that create an intimidating, hostile, or offensive work environment or interfere with work performance. Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment. Consensual sex between co-workers is not considered sexual harassment. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Concept 39) All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________. A) the verbal remarks of a co-worker were sexually flirtatious B) the rejection of a supervisor’s sexual advances led to a demotion C) a hostile work environment was created by a co-worker’s sexual conversation D) a hostile work environment was created by a nonemployee’s sexual advances E) a hostile work environment was created by a supervisor’s sexually abusive conduct Answer: A Explanation: The U. S. Supreme Court held that sexual harassment law doesn’t cover ordinary â€Å"intersexual flirtation. † Someone can prove sexual harassment if rejecting a supervisor’s sexual advances led to a demotion, firing, or altered work assignment. Sexual harassment can also be proven if a hostile work environment is created by the sexual conduct of supervisors, co-workers, or nonemployees. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 40) Judy was up for a promotion at Simpson Consulting when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which of the following would Judy most likely be able to prove in court if she decided to sue Simpson Consulting? A) hostile environment created by nonemployees B) hostile environment created by supervisors C) hostile environment created by co-workers D) disparate treatment E) quid pro quo Answer: E Explanation: Quid pro quo (something for something) is the most direct way to prove that rejecting a supervisor’s advances adversely affected what the EEOC calls a â€Å"tangible employment action† such as hiring, firing, promotion, demotion, and/or work assignment. Quid pro quo would be the best option for Judy if she sues the firm for Will’s actions. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 41) Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus’s executive assistant, is uncomfortable with the jokes. Eventually, she decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) hostile environment created by nonemployees E) none of the above; Shelley is not a victim of sexual harassment Answer: B Explanation: As Shelley’s supervisor, Gus created a hostile environment according to the EEOC. A claimant does not need to show that the harassment had tangible consequences such as demotion. It is sufficient in many cases to prove that a supervisor’s sexual harassment substantially affected an employee’s emotional and psychological abilities. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 42) All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________. A) maintaining thorough records of all sexual harassment complaints B) informing all employees about sexual harassment investigations C) instituting a sexual harassment reporting process D) training employees in sexual harassment policies E) investigating sexual harassment charges promptly Answer: B Explanation: Maintaining records of complaints, instituting a reporting policy, providing sexual harassment training, and investigating charges quickly are ways that employers can show that they took reasonable care to prevent and correct sexual harassment, which will minimize the employer’s liability. Sexual harassment investigations should be conducted privately, and the information should not be made available to all employees. Diff: 3Page Ref: 42 Chapter: 2 Objective: 2 Skill: Concept 43) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’ management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would best support the plaintiff’s argument that Sanders is liable for sexual harassment? A) Sanders re-published its sexual harassment policy twice within the last year. B) The HR department at Sanders has records of the plaintiff’s initial complaints. C) Exit interviews of outgoing Sanders employees include questions about sexual harassment. D) Sanders lacks a management response system for handling sexual harassment complaints. E) Sanders recently lost a court case filed by former employees who claimed disparate treatment. Answer: D Explanation: Employers can minimize their liability in sexual harassment claims by showing that they have a response system set up for handling sexual harassment complaints, so Sanders may be liable if it lacks a system. Firms that re-publish their sexual harassment policies frequently, keep thorough records of complaints, and address sexual harassment issues during exit interviews are able to show that they took reasonable care to prevent sexual harassment. Disparate treatment refers to discrimination claims rather than sexual harassment claims. Diff: 3Page Ref: 42 AACSB: Reflective Thinking Chapter: 2 Objective: 2 Skill: Critical Thinking 44) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’ management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would most likely undermine the plaintiff’s claim that Sanders is liable for the male employee’s conduct? A) The male employee physically threatened the plaintiff on three occasions. B) The male employee made sexual advances towards the plaintiff on a daily basis. C) The male employee was required by HR to participate in a sexual harassment awareness course. D) The male employee’s conduct significantly interfered with the plaintiff’s ability to perform her job. E) The plaintiff discussed her concerns about the male employee’s conduct with female co-workers. Answer: C Explanation: If the male employee was required to take a sexual harassment course, then that action shows Sanders was making a reasonable attempt to stop the behavior. Choices A, B, and D support the plaintiff’s claim that ther

Progressive Era

The Progressive Era reformers and the fedreal government were effective in bringing about reform at the national level by proof of amnedments passed, the food and drug administration, and various acts. One way that the progressives and federal government reformed America is by the four amendments; 16, 17, 18, and 19. The seventeenth amendment in 1913 provided for the direct election of senatros which was a victory for Roosevelt and pregressives. Another amendment passed during the Progressive Era was the abolition of alchohol, which is insignifigant in reform at the national level because it was later repealed. Finally, there was the nineteenth amendment whih allowed women's suffrage due to the progressive feminist movement. These different amendments were all ways in which the federal government helped reform America nationally. Upton Sinclair's book, The Jungle, enlightened the American punlic of the horrors of the meatpacking industry. Consequently, the Meat Inspection Act of 1906, was passed making meat shipped over state lines subject to inspection. Thus the food and drug administration was a result of the Progressive movement as well. Some of the various acts that were passed that met the pregressive standards are the Clayton Anti-Trust Act of 1914 which legalizes strikes and peaceful picketing; the Workingmen's Compensation Act and another act restricting child labor on products headed into interstate commerce; the Adamson Act which established an 8-hour workday; the La Follete Seamens's Act which required decent living wages for sailors, and a few other acts. Jane Addam's book, The Spirit of Youth and the City Streets, exhibits some of the pregressive feelings towards child labor and the evil of it. In conclusion, the federal government and the progressive Era were very effective in shaping and reforming America by these examples. Progressive Era The role and responsibilities of the federal government changed drastically during the Progressive Era and the New Deal. Rapid changes after the Civil War brought on a need for economic, social and political reforms. Before the Progressive Era and the New Deal, the federal government took a very hands-off approach and had little involvement in, and little care for the welfare of the American people. With the Progressive Era and the New Deal, the federal government became more involved and responsive to the public and implemented many revisions and reforms.The Progressive Era was a time of political and economic transformation. The role and responsibilities of the federal government evolved. Reform was necessary because of the changes that occurred during the Industrial Revolution. The Industrial Revolution brought on many changes, an important one being growth in the number and scope of work in factories. Factories and mechanization caused a need for less skilled workers, which in tu rn resulted in lower labor costs, lower wages, longer hours and appalling working conditions.Labor Unions were formed as a result of these conditions in order to protect the working class and put pressure on employers. During the Progressive Era, the federal government created labor laws, trade regulations and instituted other various measures in order to protect the public. The federal government also protected the rights of laborers to organize unions and became involved in the mediation of labor disputes in order to prevent riots from occurring. The regulation of utilities and railroads was used to protect the public welfare from the abuses of large corporations.The federal government also began to regulate large businesses and monopolies. It accepted large-scale corporations as an essential part of the economy but also embraced the need to regulate them. Trusts were also of great concern to the federal government. The Federal Trade Commission was instituted in order to protect t he public from additional abuses of large corporations. The federal government also promoted the public’s support of the war. Through voluntary and collaborative means, the federal government rallied businesses and the public in support of the war effort.The federal government made political changes on a national level with the Sixteenth, Seventeenth, Eighteenth and Nineteenth Amendments. The Sixteenth Amendment imposed an income tax. The Seventeenth Amendment allowed for the direct election of U. S. Senators. The Eighteenth Amendment established the prohibition of alcoholic beverages and the Nineteenth Amendment prohibited any U. S. citizen from being denied the right to vote based on sex. During the Progressive Era, social reform and cultural changes also occurred. Consumerism was at an all time high.It became a time of economic prosperity. With the introduction of electricity came household appliances. Movies, automobiles, radios, telephones, magazines, and advertising wer e in the forefront. While consumption prompted the economy in a forward direction, other economic issues arose throughout the country. Agriculture and mining were not prospering. The steel and textile industries were standing idly. The nation also relied too heavily on credit in order to maintain product demand and economic expansion. Lastly, consumer onfidence led to over-speculation in stocks. This inevitably led to the Stock Market Crash of 1929, which in turn marked the beginning of the Great Depression. Franklin Delano Roosevelt came into office in 1933 during the depth of the Great Depression. He launched the New Deal as a solution for bringing the United States out of the Great Depression. The New Deal changed the role of the government by expanding its involvement in social and economic affairs. The goal of the New Deal was to provide the â€Å"3 R’s†: relief, recovery and reform.The federal government worked to provide relief for the masses of unemployed, reco very of the depressed economy and reform of the financial system. Reforms were highlighted in a variety of acts that were passed. During the first 100 days of Roosevelt’s administration, more legislation was passed than under any previous president. The Federal Emergency Relief Act established funding and programs for relief and provided grants to the states to help people with food and shelter. The Civilian Conservation Corps Act granted the government the ability to pay young men to build bridges, roads and dams and plant 17 million dollars in new forests.The Agricultural Adjustment Act paid farmers not to plant crops so that the surpluses would not drive down prices. The National Industrial Recovery Act created the first minimum wage and marked the first time that the government intervened in business. The Works Projects Administration allowed the government to create over 250,000 projects and paid people to complete them. The Social Security Act created a pension for peop le over 65 years of age. All of these reform programs provided employment and direct payments to individuals and improved the economy.The federal government worked diligently to bring the United States out of the Great Depression during the New Deal and in doing so, the relationship between the government and the people changed significantly. The government took on a greater role in the everyday lives of people. As you can see, the role and responsibilities of the federal government changed considerably during the Progressive Era and the New Deal. The new hands-on approach of the government allowed for political, social and economic reforms during the 20th century. Progressive Era The Progressive Era reformers and the fedreal government were effective in bringing about reform at the national level by proof of amnedments passed, the food and drug administration, and various acts. One way that the progressives and federal government reformed America is by the four amendments; 16, 17, 18, and 19. The seventeenth amendment in 1913 provided for the direct election of senatros which was a victory for Roosevelt and pregressives. Another amendment passed during the Progressive Era was the abolition of alchohol, which is insignifigant in reform at the national level because it was later repealed. Finally, there was the nineteenth amendment whih allowed women's suffrage due to the progressive feminist movement. These different amendments were all ways in which the federal government helped reform America nationally. Upton Sinclair's book, The Jungle, enlightened the American punlic of the horrors of the meatpacking industry. Consequently, the Meat Inspection Act of 1906, was passed making meat shipped over state lines subject to inspection. Thus the food and drug administration was a result of the Progressive movement as well. Some of the various acts that were passed that met the pregressive standards are the Clayton Anti-Trust Act of 1914 which legalizes strikes and peaceful picketing; the Workingmen's Compensation Act and another act restricting child labor on products headed into interstate commerce; the Adamson Act which established an 8-hour workday; the La Follete Seamens's Act which required decent living wages for sailors, and a few other acts. Jane Addam's book, The Spirit of Youth and the City Streets, exhibits some of the pregressive feelings towards child labor and the evil of it. In conclusion, the federal government and the progressive Era were very effective in shaping and reforming America by these examples.

Bank Muscat is the chief financial services giver situated in Coursework

Bank Muscat is the chief financial services giver situated in Sultanate Oman in southwest Asia - Coursework Example The bank through its products and services to the customers has maintained a top position in the best banks in the region, for over six years. It has also received other rewards in the last several years to recognize its exemplary products and services (BANK MUSCAT 2012). The biggest achievements of Bank Muscat in the last few years are attributed to their strategic capabilities in the market. In addition, the bank’s exploitation of their market strengths results to well deserved competitive advantage over the other financial service providers (ALLARD 2004). Reports indicate that the bank’s capabilities lie in their ability to implement high levels of accounting standards, corporate governance, mergers and acquisitions, partnership and alliances, revolutionary products, and regulatory compliance. The accounting standards represent the principles that guide accounting practices. The International Accounting Principles (IAP) are accounting standards that are widely accept ed as apt to the field of accounting (GROSSMAN & LIVINGSTONE 2009). The Bank Muscat ensures that they maintain high levels of these standards that entail how the bank prepares and presents its business income and expenses, its assets and liabilities (STICKNEY 2010). As a result, the customers are attracted by the transparency provided by the bank regarding their operations. An increase in the number of customers served daily enhances the competitive advantage of the bank. As a result, an increase in the customer base enhances profitability for the bank in the long-run (ALLARD 2004). Corporate governance is the set of systems and principles used to govern an organization such as Bank Muscat. It offers the rules of how the organization can be controlled in order to achieve their objectives (BESLEY & BRIGHAM 2011). Furthermore, Bank Muscat has received several awards in the implementation of corporate governance. This is because corporate governance is done in a manner that adds value of the bank and proves beneficial to the stakeholders in the long-term (STEGER & AMANN 2008). The bank’s stakeholders include the shareholders, customers, management, and other individuals involved in the welfare of the organization. In 2012, Bank Muscat received the prestigious Hawkamah Bank Corporate Governance Award. The award honors the bank’s efforts of improving their corporate governance practices further than the legal and regulatory obligations imposed by their relevant jurisdictions. This entailed the introduction of an exceptional approach to various corporate governance areas and the corporate social responsibility. As a result, the employees work to their full potential thus providing excellent services to their customers. This leads to the creation of customer loyalty thus maintaining the banks competitive advantage over their competitors (EVANS 2002). Mergers and acquisitions, partnerships and alliances, are key Bank Muscat capabilities that have led to improved competitive advantage over competitors (BRUIJN 2002, COYLE 2000). It entails a corporate strategy that brings separate entities together to form larger business organizations (AMERICAN BAR ASSOCIATION 2006). It also involves the assimilation of smaller businesses to a large corporation to minimize competition. Bank Muscat has exercised the mergers and acquisition activity to continue amassing customers and increasing profitability

Politics Essay Example | Topics and Well Written Essays - 1500 words - 4

Politics - Essay Example Swayed by the European lines of thought, these parties managed to grow in numbers since they appealed mostly to the oppressed people as well as the distressed workers in the country. They successfully managed to field candidates throughout the nation in numerous elected positions for the next several years. However, towards the beginning of the 1920’s, these socialist movements faced severe resistance and condemnation from the government and eventually broke off the movement. The parties ceased to attract numbers to support its cause in the beginning of the early 20th century, though the Socialist Labor Party remained alive until the end of the 20th century. Socialism refers to a system whereby the ownership and control of majority of assets in a given country is granted to the central government. The United States, unlike other countries such as Japan and Germany, has not employed this system of running the economy. Though the system has worked very well in the above mentioned countries, the United States continues to thrive well without its enforcement. Politically, socialist parties in the United States began fairing very poorly in the run up to the general elections. For instance, in the year 2008, socialist candidates and their parties received less than two of the three socialist candidates (Caramani pg. 201). This is way below what other socialist candidates in other nations receive. In Germany for example, socialist parties gathered close to 50% of the total votes cast in each successive election since the 1970’s. There are several theories, however, that explain this phenomena in United States politics or governance. The United States has never had a feudal system. Other nations have had hierarchical systems which was lead from the top by a supreme deity while at the bottom of the system lay the commoner. Such systems were discriminatory in nature since it gave too much power to the person at the top at the expense of the common man at the bottom.

Movie review--photography Review Example | Topics and Well Written Essays - 250 words

--photography - Movie Review Example Fashion is something that defines a generation or a culture. That is why, during different time in history of humanity, there have been a variant in fashions trend. It is this fact that influenced Bill’s career and fascinates him. While on the street, Bill never minds being hit by car. This is depicted in the film where at some point he is in between traffic, which endangers him. He realizes this and admits that it is never easy to capture fashion in New York City. Again, Bill says he is never interested in celebrities free dresses neither is he a paparazzi. In the film, it is clear that the females have a rich orientation of fashion in their dress code than male. This is so because in Bill’s photo gallery, he has more females’ pictures than males’ (Bill, 46-51). In conclusion, Bill act of photographing and reporting to public influences the fashion trend of the day. Whenever Bill shared a new fashion, it could be noted afterwards that people could adopt the new fashion. Undoubtedly, bill had passion of his career since in several occasions he turned down monetary offers from

Medication Errors V.S Bar Coding Essay Example | Topics and Well Written Essays - 1000 words

Medication Errors V.S Bar Coding - Essay Example In an analysis of 334 medication errors from II acute care wards, 39 % of the problems were judged to occur during physician ordering, 12% during transcription and verification, 11% during pharmacy dispensing and 38% during nursing administration (Patterson 2002). The intravenous (IV) administration of drug is a complex process and errors frequently occur. For example, in a recent study on 10 wards in the two UK hospitals it was found that errors occurred in almost half the IV drug preparations and administrations, 1% of which were severe and 58% moderate. The main findings of the study are as follows: An error rate of 73% occurred when giving bolus doses (172 errors in 235 observed administrations). An error rate of 14% occurred when preparing drugs that required multiple steps (50 errors in 345 observed multiple step preparations). An ethnographic study was conducted to investigate IV drug errors in two UK hospitals. This research method offers the advantage that the context can be explored at the time of the error and many of the conditions, which contribute to errors, as outlined by human error theory, can be identified in this context. A purposive sampling strategy was used to collect data in different hospital settings. A trained and experienced observer accompanied nurses during IV drug rounds on 10 wards in two hospitals (one University teaching hospital and one non-teaching hospital) in the UK. Information came from observation and talking informally to staff. Human error theory was used to analyze the causes of IV error. Both hospitals operated a typical ward pharmacy service in which doctors wrote prescriptions on formatted inpatient drug charts and nurses used the charts to determine the doses to be given and to record the administration of drugs. IV medication in general was prepared and administere d on the wards by nursing staff, with the exception of cytotoxic medication, which was prepared centrally by the pharmacy department. This disguised, observation method has been shown to be valid for identification of medication errors. Each case of IV medications error was analyzed to identity the main active failure and the factors contributing to this error. Medication was omitted because of failures in communication in 14 errors (16%). This occurred when patients were transferred between wards and information on drug administration was not communicated. Communication problems between doctors and nurses included ambiguous hand written prescriptions. These cases also indicated failures in adequately using and checking patient's drug charts. High workload and distractions when carrying out several tasks at the same time were observed in 13 errors ( Taxis 2003)) A prospective audit was carried out by Cousins D.H (2005) by direct

Strategy, analysis, & Evaluation Essay Example | Topics and Well Written Essays - 1000 words

Strategy, analysis, & Evaluation - Essay Example This reflective study essentially intends to significantly reveal upon the wisdom and learning I received from the trainers and teachers. In the given course module, I have largely read regarding the concepts, theories and importance of strategic management and crucial evaluation of the facts I have understood during the curriculum and how can I relate as well as apply this in my prospective career (Lock, 2004). To carry out this investigation, self reflection method will be implemented. In this study, I will depict about my learning during the course and will mirror upon how I apply those learning in my professional career. In this contemporary world, where everything is occurring in real time, businesses and organizations are continuously focusing on strategies and techniques helping them grow and develop at the same time. The legacy of marketing theories and concepts can be traced back to the time when trade and commerce came into light. The marketing theory has greatly influenced the peak of other theories relevant to commerce and business. Beside development of marketing theories, various other parallel streams such as commodity development, internal management analysis, institutional marketing, industry analysis, branding and promotion, advertising and media also experienced wonderful expansion and progress (Pettigrew, Whittington and Thomas, 2006). The quick evolution, that occurred just after the Second World War added escalation in the 1960s. This time the push was largely on operational management and organizational behavior which also strongly influenced the theories of marketing. The report deals with strategic management audit of a large hospital. Extensive secondary research was taken up as an approach to gather relevant information. Primarily the research was done in the area of strategic auditing with respect to the organization as well as the industry itself. This analysis helped me in understanding useful insights about the theory as well as r ealistic and practical application of strategic management auditing. The goal of the report was to understand and evaluate the internal and external analysis of the hospital and prepare strategies which will help in growth and sustainable development of the organization in future. The report was based on an organization called King’s College Hospital NHS Trust, which is undergoing a comprehensive strategic investigation. Research about the hospital assisted me to understand the process flow of an organization in a service industry. This also provided me an opportunity to closely review the various occupations, functional activities as well as operational aspects of a hospital and importance of their smooth and appropriate integration for the proper functioning of an organization. Apart from that the project also helped me in learning various theoretical and academic models associated with the assignment. For example, I learned and made use of different concepts such as value chain analysis; VRIN analysis and stakeholder approach, but barely had any consciousness and practical knowledge about the methodological sides of these concepts. The assignment not only widened my overall understanding about the various concepts but provided me with a firsthand experience of the practicality and

Marketing and Sales for tourism and Hotels Assignment

Marketing and Sales for tourism and Hotels - Assignment Example This creates a perception in the customer’s mind which prompts them to visit or recommend others either consciously or subconsciously. This paper therefore seeks to analyze the current marketing situation that faces movie world, theme park in gold coast Australia, and access its success in delivering customer experience which complements the organizations image. Movie world remains the most popular theme park at the Australian gold coast, Queensland in Australia. It is the only movie related park and is owned by the village roadshow. The park has an awesome aesthetic external appearance that compliments the ambience in the park. Constructed on a 415 acre piece of land, it is a master piece designed by C.V Wood in 1893 and has several active film studios within its complex. It also contains a number of movie-themed rides as well as attractions that range from roller coasters, slow river rides to simulators. In addition, there are several costumed character performers that walk freely in the park and visitors are able to take photos with them. These include famous movie characters such as Batman, Austin powers, Scooby doo and Marylyn Monroe. The above facilities available at the park deliver an exciting experience to visitors every time they visit the park (Seth & Bhat, 2005) The park is divided into four different segments namely; a wild beast area, a kids’ WB fun zone, a DC comic’s superhero hub and finally a main street. The main street features attractions that are based around filmmaking and movies .it is a home to a vast array of movie productions such as all-star parade, ice age and Batman’s Shadows of Gotham. The kids’ WB fun zone is majorly for the children. It features a number of rides that are specifically designed for children such as Looney tunes carousel and speedy Gonzalez. The other two majorly focus on water rides and rollercoasters. From the above, it is evident that Movie world

Research report in the field of Web Development and emerging standards Essay

Research report in the field of Web Development and emerging standards - Essay Example ly, UH Solutions is Bizzolutions soft group that conduct their activities based on the latest innovative technologies and prior role of the development teams and engineers for keeping the performance up-to-date towards maintaining the competitive edge of the company in the global environment (Turnbull, 2013). In the real world, the continuous revolutionary approaches in all the spheres and dimensions of technology have imposed enormous impacts over the inhabitant’s lives. To be precise, significant development of Information Technology (IT) has strong impacts over the entire industrial sector especially in the software sector. The emergency of the internet evolves from development of electronic computers with the concept of packet networking. The concept of internet has also been linked to the development of ARPANET by the US Department of Defence’s Advanced Research Projects Agency (ARPA), which is packet-switching network designed to form communication among the ARPA terminals during 60’s. Besides, Paul Baran and Donald Davies have made the first stable linkage among the multiple computers with the use of ARPANET during the year 1969 after ten year of development of initial conceptual network that develop by Paul Baran and Donald Davies. Though at such time the com puter were highly expensive but with the significant development of IT, the use and benefits of internet has been recognise in every sphere of industries (New Media Institute, 2014; Computer History Museum, 2004). Initially, the development of internet has not resulted into the prevalence of the concept of web. Web has been developed with the use of three key protocols including HTML (Hypertext markup language), HTTP (Hypertext Transfer Protocol) and URLS (Uniform resource locator). Murray Leinster has initially developed this idea in 1946 but the real version has been developed earlier in 80’s when Tim Berners Lee work over the ‘Enquire’ project. ‘Enquire’ consist of database of

Vulnerable Adults Essay Example for Free

Vulnerable Adults Essay Introduction Health service is defined as a top most service that is related to the diagnosis and treatment of disease, or the promotion, maintenance and restoration of health (Capezuti, Siegler and Mezey, 2007). There are personal and non personal health services. In UK, National Health Service (NHS) launched in the year 1948. Now it is the world’s largest publically funded health service. The health service in NHS is adorned with efficiency and comprehensive to provide maximum help and support for the needed people. Social care is defined as a profession where people work in partnership with those who experience marginalisation or disadvantage or who needs special care and support, vulnerable people leaving in the community and in the residential care ( Miller, Vandome and McBrewster, 2009). The policies and the legislations for support the caring and supporting the elder people are very important and it should be cared by each health professionals and by the society (http://www.dh.gov.uk/en/socialcare/index.htm). Care quality commission provides the assurance for the quality of care and support for the residence in the care homes residential homes with the support of policies and legislations in the England. The aim of this essay is to identify the law that is related to vulnerable adults is the lack of resources. Literature review In definition, a vulnerable adult is a person aged over the sixteen and not able to protect or take care of himself. There are number of reasons behind it; they are illness, physical disability, mental illness, drug or alcohol dependency and old age. The children act 1989 offer social workers and local authorities a clear legal framework to go along with their duties and obligations. This act is to provide maximum help and support for the children with its significant resources. This act got passed on the basis of simplifying the child care legislation that is exciting (Gupta, Playfer and Bhowmick, 2008). However, it is clear that for vulnerable adults it is difficult to find out a unifying statue, but instead there is some fragmented legislation that is difficult to locate and implement in an effective way. As the reason for a social worker and other care provider it is difficult to carry their skill, knowledge, experience and sensitivity for the support of the vulnerable adults. In this particular area, mental health legislation and community care lead the provision of services offering some regulations and guidance. But there are some confusion can be found out these regulations and guidance for the health providers. As the result it is a confused area to provide the needed duties and obligations from the part of the care providers. It is clear that there are some specific written policies to support the vulnerable adults, however with the involvement of different agencies in the protection of vulnerable adults it is still in confusion thinking that who is the right responsible to provide help and support. To rectify all these problems, NHS trust, social service department and all other related health services organisation should work together for a better result. But unfortunately th is is not the case. Care in the community According to the Health and Social Care Bill 2011, it gives an importance to the care , general health and other social issues. The social issues and care is very important and it should be cared by the medical professionals and other publics. The care and support for the adults in the society is very important and it should be valued for each and every persons especially by the health professionals. The Health and Social Care Bill was introduced in 19 January in 2011 in the parliament and the major part of this include with the modernisation in the medical facilities and world class health care delivering by the health professionals. The caring of the adults is very important and it also very important to give the modern and effective facilities to the adults and the other public (http://www.info4local.gov.uk/documents/related-links/1820651). The community care is aimed to offer help and support for both the vulnerable adult and their carer. The first step is to provide help for vulnerable adults is the recognition of him. Since the lacking of collaboration with multi agency and resources in majority of the local authorities and primary care trusts it would be unrecognised with the arrangements or referrals for the assessments related to needs (Baggett, 1989). This problem takes place with the lack of information and knowledge of the care providers since they are lacking of knowledge with the present legislation. It leads to more spending and needless action to provide maximum help and support for the vulnerable adults in the needed time. Most of the vulnerable adults are unaware of the help that is to be provided; there should be an immediate action to prevent this situation from worsening. Most of the adults are too proud seeking their help and needs from the care providers (Backhaus, 2011). For example, the visitors of the adults in hospital give the more support to offer help and support from the care providers. But there are some adults those who are avoided especially in majority of situation and their condition is getting worsening. Section 46 of the National Health Service and community care act 1990 defines the care plans and services to be provided for the needed people. It includes with laundry services, meals on wheels, residential care and social work. This section is a leading one to uplift the quality of care provider to maintain his service and help for the needed people. According to the local authorities the meaning of need because of financial constraints it guides to procedural bias and restriction of services. It clearly defines that the lack of resources with the law related to vulnerable adults and this area needed a special care. Old age According to the ‘Promoting Health and Well Being’ that is a standard which used by the national service frame work in Wales, they care about the older people and they gives some guidelines and the standard line for the old age lives. The major points which include with this are strategy for the nutrition and the well being of the older people, active and healthy life style of the people who lived in Wales, frame works for actions and National service frame work for diabetes, mental health and coronary heart diseases (http://cymru.gov.uk/topics/olderpeople/health/?skip=1lang=en). In old age a person comes in to the position of vulnerability with the reasons of not been provided adequate services and help or being a victim of some kind of abuse or neglect. As far as the duty of a social worker is concerned with old people, there should be some kind of a special treating on the basis of respect to provide maximum help and support for the old age people. Their voice should be valuable and heard with its prior important. On the basis of human rights 1998, a social worker should respect the human rights of adults, right to privacy, right to liberty and right to fair trial. A social worker should be friendly and can work in partnership with service user to make eligible the service users to be feeling as comfortable and supported (Duquenoy, George and Kimppa, 2008). Their needs skills and professional judgement from the part of the social worker to provide the needs of the adults and also to protect them. Since there are no laws to old people but for children, child act 1989, a social worker should be capable of with the legislation from different areas to offer the better results for the service users. In clear words, if a social worker is trained with specialist knowledge he becomes more positive to offer his better result. It is unmistakably true that the availability of the resources in the local authority plays and important impact to provide support and care for the old people and it is different in regions (Kamp and Hvid, 2012). It shows that it takes place with the lacking of proper application of the law. For example, the health services and public health act 1968, (HSPHA)’s state that the local authority may take arrangements to offer some services that is based on the well fare of older people. This wording act can’t take a major part to provide the obligations on the local authorities related to their better services, but only grants them power to do so. It is evident that if there is some problem with funding or services there may be a lot of old people can’t access the needed help and support from it. The National Health Service and community service at 1990 (NHS, CCA) S46 needs that every local authority must have a plan for their community care and they should be regular to make sure for the well fare of older people. It is the legislation that is important in some manner but it is failure in opening an account about the solid duty that is related to the local authorities to offer the help and support for the older people. The National Health Service Act, 1977 (NHSA) schedule 8, is aimed for providing services for the elder people who live in the local authority. This help is include with shopping, cooking, cleaning etc. it appears that a fame obligation on the local authority to offer the help and support. When an old person is recognised as to be given help and support from the part of the local authority, it is questionable that local authority is capable of helping and supporting of needed person. But from the part of the serviced user, in most of the cases the ultimate help from the local authority is not in a full result. And as the reason, the service from the local authority is not as much as improved than they started from. Residential accommodation The national assistance act 1948 (NAA) S.21 defines about the duties and obligations of the local authority to offer the accommodation for residence. As far as most of the laws connected to the adults is concerned, all those ones is included the right duties and obligations to provide help for the older people from the part of the local authorities. For example, the NAA 1948 (Choice of accommodation) directions 1992 were introduced to make the adults with accommodation and other needs. However the needed people are paid a specified amount. As the reason, the freedom of choice is cancelled since there are financial implications. Residential care is provided as an easily accessible one to 24 hour care home like it is the carefulness of local authority. Since there is choice, majority of the people would like to stay in the home, it is hard for a social worker to balance the value of his social work based on oppressive practice empowerment with financial implications and partnership and to be a well service provider with maximum help and support for the service user (Williams, 1992). The liberty of an adult is given with much priority. However in some cases, it is unavoidable for their own health safety and safety of others compulsory removals have been done. It means that it is the duty of a social worker to offer maximum support and help in the home environment itself (Norman and Redfern, 1997). It is significant to clarify that in residential homes there should be a high quality of caring and supporting. In some cases people in residential care has been exploited with neglect and employee abuse. The care standard act 2000 got introduced in order to make sure a regulatory system that is able to capable of delivering a high quality service with all its concerns (Burchell, 2000). In April 2002 with upgrading the services for vulnerable adults and children national care standard commission regulated the services. It includes four main components. They are monitoring, providing national bench marks, representing the consumer and encouraging the development of better services. It guarantees a new protection for vulnerable adults and it make sure to avoid the unsuitable people is not allowed to work with vulnerable adults (Williams, 1992). It established a general social care council for England and care council for Wales. It came to action with its first step as an effective act but the lacking of funding and human resources stopped its implementation with full perfection. In the care standard acts 2000, it mentions that there should be high quality social care worker provided with high standards of training. But it became questionable with the lack of funding, qualified trainers. In the article done by David Brindle, mentions that in UK the number of abuse against elderly people is alarming and it is growing as a top most problem to be rectified. Research shows that when the staffs are well trained and educated the abuse against elderly people is restricted or no longer a problem in the social care field. It means there are some staffs that are stress, over worked and feels undervalued can be the reason for abuse on adults. Studies prove that in some working area the care workers are not valued well, in some working environment they are stressed highly with their over working and hard working (Lechner and Neal, 1999). These are the problems that lead them to unleash their anger on elderly people and it comes to a result like abuse. It is estimated that there are 800,000 untrained staffs are involved in working with older people. If there is an action on elder abuse it may cost 600 pound each to make sure that they had recognised qualifications according to the charity. There are some potential employees have become part in abuse. In that case it is difficult to identify them and it should be the duty of a social care worker to guide and control himself at first. He should do his best with the support of good practice and vigilance. There should be consistency from the part of the employers, rigour, thoroughness in the implementation of needed checks and procedures that are apt in each and every time. Lacking of time, money or resources may be the problem with the employees. In other case, lacking of qualified and skilled employees with their leaving jobs is another problem. All together it is difficult to maintain an employee in an organisation providing his basic things. First of all there should be advanced type of training from the part of the organisation for the employees. It should help the employees to get matured and to know the rights and responsibilities in their duties to be done. Secondly providing value of an employee offering good salary and to give him comfortable shifting time to work is essential. It will enable him to feel comfortable in his working environment and to follow the duties and responsibility of his work. Thirdly, to stop the quitting jobs of employees an organisation should find out some strategies and techniques to retain their employees in their organisation (Roit, 2010). As far as abuse on elders is concerned from the part of the social care workers, the above said things are significant to rectify the problem to a great extent. Mental Health There are a lot of policies and legislations which related to it in the case of older people are established by the governments in the European countries especially in England. The elder people should be cared and support by the other people and society in their final stage of life and the value of humanity is considered by the each legislation and policies that established by the government. The law on mental health is very much as same as the law that is related to the groups of vulnerable adults. It is needed updating and consolidation. The department of health defines that there are some changes in mental health services with new drug treatments, different patterns of care, which is commonly seen in people treated in the community than in institutions and also wider role for other therapeutic approaches, these things have made a different landscape. As the reason modern mental health legislation is needed to reflect that landscape. Since the law has got updated approved social wo rker should be able to aware of his power and duties under the mental health act 1983. It is clear that the numbers of mentally ill patients are alarming and the treatment they get within the community is not fulfilled with its perfection. It needs support networks, more approved social workers and also better home services. But it is sad that the mentioned things are working efficiently very scarcely and the government should be able to provide extra funding to support their care in the community (Fulmer, Foreman and Walker, 2001). The national assembly for Wales started the adult mental health services strategy with four main key points. They are (1) Equity- it means, mental health service should be provided for the needed people with its perfection. (2) Empowerment- it means service users and carers should work together to find out a better strategy to help and support the mental health patients. (3) Effectiveness – there should be some effective intervention provided by mental health services that is needed for improving the quality of life. (4) Efficiency- the services of mental health should be capable of using the resources perfectly and they should care the public money is spent with accountability. In England it is questionable that mentally ill patients are treated well or not. In the past years there were good help and support for mentally ill patients from the part of the hospitals providing 63,000 beds in the year 1988. But in the year 2000, it was halved with 34, 3000 beds. Considering this number of beds and above said reasons there should be well planned strategies to provide maximum help and support for the mentally ill patient and also they should be in secure accommodation. Conclusion In conclusion, legislations, policies and guidelines for the caring and supporting for the older people are very important and effective in providing good and standard service. The government in the England and other European countries are providing a lot of rules, legislations, and policies to provide the support and good caring and support for the elder people in the society. Most of the legislations and the principles are followed by the each and every health professionals and it support to provide a standard and supporting care for the elder people. It is difficult for a social worker to provide maximum help and support for the vulnerable adults, to check it the care workers should ask questions by themselves and value the judgements by them related to the services that they provided. They should be capable of understanding where a person is in capable of taking decisions especially like a mentally ill patient. It means, the care worker should be the ultimate health provider apart from policies and procedures from the government. It means the more a social care worker is capable of handling his duty with its full perfection, the more he becomes available to the needs of service users. In the case of skilled employees in a health care organisation, there are some problems like burnout; quitting their jobs etc. these problems should be settled in with the perfect strategies from the government and health organisations as well. As far as the vulnerability of the adults is concerned there are some lack of clear legislation that hinters the correct implementation of the law and also the ambiguity of the law and all these things contribute to the lack of resources. References Backhaus, P. (2011) Communication in Elderly Care: Cross-Cultural Perspectives. Continuum International Publishing, Baggett, S. (1989) Residential Care for the Elderly: Critical Issues in Public Policy. Greenwood Publishing Group Capezuti, L., Siegler, and Mezey, M. D. (2007) Encyclopedia of Elder Care: The Comprehensive Resource on Geriatric and Social Care , Springer Publishing Company Duquenoy, P., George, C. and Kimppa, K. (2008) Ethical, Legal, And Social Issues In Medical Informatics . Idea Group Inc Fulmer, T. T., Foreman, M. D. and Walker, M. K. (2001) Critical Care Nursing of the Elderly. Springer Publishing Company Gupta, A., Playfer, J. and Bhowmick, B. (2008) Measurement Scales Used in Elderly Care. Radcliffe Publishing Kamp, A. and Hvid, H. (2012) Elderly Care in Transition: Management, Meaning and Identity at Work. A Scandinavian Perspective. Copenhagen Business School Press Lechner, V. M. and Neal, M. B. (1999) Work and Caring for the Elderly: International Perspective s. Routledge Miller, F. P., Vandome, A. F. and McBrewster , J. (2009) Elderly Care. Alphascript Publishing Norman, I. J. and Redfern, S. J. (1997) Mental Health Care for Elderly People. Elsevier Health Sciences, Roit, B. D. (2010). Strategies of Care: Changing Elderly Care in Italy and the Netherlands. Amsterdam University Press Williams, D. K. (1992) Residential Care Services for the Elderly: Business Guide for Home-Based Eldercare. Routledge

Media Essays Media Representations Public

Media Essays Media Representations Public Media Representations Public Abstract The purpose of the study is to examine how mental illness and crime is currently represented in the UK media; to what extent, if any representations have changed over the past decade. Furthermore, the study will adopt the theory of social representations, given the theory’s useful theoretical perspective for the investigation of media representations. The study will be qualitative in nature, comprising of content analysis of UK tabloid and broadsheet newspaper articles. Content analysis is considered to be ‘one of the classical procedures for analysing textual material’ (Flick 1998:192), and is the only method for the analysis of textual material within the social sciences (Bauer (2000). Also, the study will try and discover whether media representations differed considerably in accordance with the type of newspaper and the political orientation of a particular newspaper. Introduction Previous research by the Department of Health found that media representations of mental illness have a negative effect on public perception (Rose, 1998). Another study by the Glasgow University media group, confirmed the belief that people who saw a strong link between mental illness and violence, derived their beliefs largely from the media (Philo, 1993). Although the relationship between the media and public attitudes are complicated, there is however evidence supporting the view that details of mental illness promote and reinforce negative public perceptions (Cutcliffe Hannigan, 2001). Negative representations and the effect that the media has had when dealing with mental illness according to Cutcliffe Hannigan, (2001) makes the point â€Å"that supervision registers, supervised discharge and the appearance of a generally more controlling mental health policy framework in the 1990s emerged, in part at least, as a result of media-fuelled moral panic†. This was as a result of the powerful media coverage of mental health issues relating to the death of Jonathan Zito at a London underground station and the horrific death of Ben Silcock by a lion at London zoo (Cutcliffe Hannigan, 2001). Meanwhile, according to (Cutcliffe Hannigan, 2001) â€Å"Despite the recent European Convention for Human Rights Act coming into force in October 2000, some developments in British mental health care appear to be moving away from the position that upholds, wherever possible, the individual’s personal freedom as sacrosanct, towards a position more concerned with minimizing risk to others†. This development is evident in the policies and legislations that have been introduced by the Labour government since their election in 1997 (Cutcliffe Hannigan, 2001). Over the past 30 years a substantial amount of research has been conducted to determine the effect of the media on the public’s belief system. If public perception of mental illness is based on negative and false images perpetuated by the media, there is a danger that government responses to systems and people in the mental health field will also be based on these false realities, rather than on the true needs and issues of people suffering from mental illness (Cutcliffe Hannigan, 2001; Rose, 1998). Media Representations of Mental Illness Promote False and Negative Images and Stereotypes According to Edney, (2004) â€Å"The media play an influential role in shaping people’s attitudes about the world they live in and about the individuals who inhabit the world with them. Stories about or references to people with mental health issues are rarely out of the headlines in news stories, yet research indicates that media portrayals of mental illness are often both false and negative†. Negative Images and Stereotypes in News Media Furthermore, Edney, (2004) a â€Å"1993 Glasgow University study that conducted a content analysis of 562 newspaper items containing representations of mental health and illness identified within local and national media over the course of one month. The study concluded that 62% of those stories focussed on violence towards others in relation to a person with mental illness. Stories that garner the most media attention appear to be those that make a link between mental illness, crime, and violence†. Violence and Criminality in News Media Meanwhile, Edney, (2004) â€Å"nearly two-thirds of all news stories examined involving those with psychiatric diagnoses could be classified as crime news. Yet, when news on the whole was examined, only 10% of stories were crime news, with the other 90% of stories revolving around issues unrelated to crime or violence, such as politics, entertainment and health. Thus it is not that news overall is dominated by stories about crime, but rather that news stories featuring people with mental health problems are overwhelmingly given this specific and negative focus. Negative Media Portrayals and public’s Negative Attitudes However, according to Edney, (2004) â€Å"The few acts of violence committed by people with mental illness are generally directed at family members, not strangers. Media depictions of persons with mental illness attacking a stranger shape public opinion. The saliency of such high-profile crimes, despite their infrequency, makes it appear as though violent crimes committed by individuals with a psychiatric diagnosis are common, and that the general public has reason to fear people with mental illness†. Furthermore, Edney, (2004) â€Å"the media’s representation of people with mental illness as violent, dangerous, and unpredictable has resulted in the mentally ill suffering societal scorn and discrimination. However, mistaken and negative depictions perpetrate the public’s damning image of people with mental illness and sustain continued intolerance oppression. Such erroneous and negative associations are woven so thoroughly into the fabric of the public consciousness that sensationalism need no longer occur for the public to equate mental illness with dangerousness.† Meanwhile, according to Anderson, (2003), â€Å"Media representations of mental illness can have a significant effect on public images of people who experience mental health problems. The implications for people living in the community are considerable, particularly when the media depict people suffering from a mental illness as being ‘dangerous’ and violent†. Throughout the 1990s, Anderson, (2003), â€Å"the media increased attention on issues surrounding governmental community care legislation and the discharge of people from institutional care. This resulted in a stream of news reports on homicides involving a person known to be suffering from a mental illness†. Furthermore, Anderson, (2003) says that â€Å"Newspapers in the UK have been one of the most powerful forms of media portraying such incidents. The case of Stephen Laudat, a person known to be suffering from schizophrenia, and who was convicted of killing Bryan Bennett, is identified as the ‘Killer who should not have gone to jail’ in an article attempting to illustrate the inadequacies of community care provision†. Another report by Anderson, (2003) â€Å"confronts the reader with ‘Mental patient Kills mother after quitting hospital’, which tells the tale of Gilbert Steckel, who was found to have killed a teacher and her two daughters soon after being discharged from a psychiatric hospital†. These events, along with the cases of Christopher Clunis and Jonathan Newby, show the failings of health policies and the health service (Anderson. 2003). An article in the ‘Independent’ announced ‘NHS accused over mentally ill killers (Anderson, 2003). Furthermore, according to Anderson, (2003), â€Å"During the last decade a number of studies and analytical papers attempted to demonstrate that negative reports in the press have contributed to the formation of negative public attitudes towards the mentally ill. Broadsheet and tabloid newspapers made a significant link between mental ill health, criminality and violence. Such stories were often given more exposure than positive articles. Social Representations Theory Given the amount of work carried out using social representation theory, I will concentrate on the aspects of the theory that are useful for media analysis. Social Representation theory provides a framework for the understanding of common-sense thinking, and does not privilege one particular form of research methodology, thus reducing the possibility of bias or error. For example, social representations that emerge as a result of content analysis of media texts do not change as a result of being investigated, albeit representations rely on the interpretation of the researcher, and therefore may contain a degree of bias. In contrast, information gathered from individuals may be open to change, since individuals may behave differently once they are aware of the nature of the investigation (Farr, 1993). Social Representations theory also guides methodology as well as being theoretical and in this regard any researcher working with social representations need to be aware of their own bias. Social representations theory was developed by Moscovici who defined social representations as a: system of values , ideas and practices with a twofold function; first to establish an order which will enable individuals to orient themselves in their material and social world and to master it; and secondly to enable communication to take place among the members of a community by providing them with a code for social exchange and a code for running and classifying unambiguously the various aspects of their world and their individual and group history (Moscovici 1973: viii) Therefore, social representations are a system of organised structures of meanings which is expressed through the medium of practice and talk. It provides a person with a framework to make sense of their social world, and their understanding is influenced by the meanings associated to them by society. One of the main principles of the theory is the process of making the unfamiliar familiar; which allows a person to make sense of events or something new which is unusual or interesting. The theory suggests that individuals develop further ideas as they do not like to live in a society that is strange or unfamiliar. According to Moscovici, (2000) when â€Å"otherness is thrust upon us in the form of something not quite as it should be we instinctively reject it, because it threatens the established social order†. Newspaper articles showing acts of violence or crime sometimes sees the perpetrator as having a history of mental illness, or psychological disorder, which would suggest that mental illness, was the direct cause of violence. So, to what extent can and should the mental health services protect the public against crime committed by mentally disordered offenders. According to Turner, (1996). Section 1 of The mental Health Act (1983) defines mental disorder as mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind. Furthermore, the Act sets out four types of mental disorder, being severe mental impairment, mental impairment, psychopathic disorder and mental illness (Turner, 1996). Whilst the definitions are in fact legal constructs the type of mental disorder attributed to individuals is dependant on the clinical judgement of doctors and psychiatrists. Thus, detention under the Mental Health Act (1983) depends on the recommendations of two medical professionals, and should the type of mental disorder differ between the two judgements then the detention is invalid. Moreover, the 1983 Act states that individuals should not be deemed to have a mental disorder buy reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs. In other words, behaviour that is not perceived to be within social norms is not a mental disorder. Whilst alcohol and drug abuse may cause mental disorder, and thus fall within the scope of the 1983 Act, in isolation they are not mental disorders. Consequently, discussions on the best means of disposal of mentally disordered offenders has been the subject of many government policy initiatives. In relation to DSPD offenders the Home Office/Department of Health (1999) policy proposals for Managing Dangerous People with Severe Personality Disorder identified the need to protect the public and to provide effective services for individuals suffering from DSPD. Personality Disorder describes a range of different conditions, from those individuals who pose some threat to themselves as well as to their families or friends to individuals who are severely disordered and pose a high risk to the public. This group of individuals is characterised as having DSPD, and it is estimated that over 2000 individuals within England and Wales suffer from this disorder. Current provisions of managing DSPD are problematic, since DSPD sufferers pose new challenges to the mental health services; the lack of knowledge about causes of the disorder and the nature of treatment of the disorder. Although individuals with DPSD may also suffer from mental disorder as well as a personality disorder, they are perceived as having different needs from most mentally ill patients and often undermine hospital regimes (Home Office/DOH, 1999). DSPD sufferers are less likely to receive consistent and long term treatment for their disorder, often treatment being a result of crisis intervention. Furthermore, involuntary admission to hospital for treatment of a psychopathic disorder is conditional on the basis that the individual will benefit from the treatment in hospital or prevent deterioration. In the case of DSPD sufferers, psychiatrists are less likely to recommend hospitalisation unless they also suffer from mental illness. However, the majority of DSPD sufferers are found within the prison system, where it is argued they pose equally challenging problems for prison staff. Those individuals who are categorised as being disruptive are held in Close Supervision Centres within the prison, whereby they are subject to high levels of supervision. On the other hand, whilst some individuals pose no management problems in prison they present a risk to the public on release. Furthermore, assessment of DSPD sufferers in prison by mental health services is not a matter of course, but rather a matter of chance. Some might question that this system is a breach f the duty of care on the part of both the criminal justice and mental health services to such individuals. Whilst the causes and possible interventions of the disorder are unclear it is hard to prove whether consistent and long term treatments have reduced the likelihood of re-offending, and the risk to the public. More resources needs to put in place in order to provide the care required by particular mentally disordered people, thus not assumimng that mentally disordered people are homogenous groups. Therefore, in this regard one would suggest that the mental health services should not only protect the public from the risk posed by DSPD individuals but also should protect the individual sufferers. Nevertheless, the duty of care is not only the responsibility of the mental health services. The Criminal justice system play an important role in the management of mentally disordered offenders. Diversion of mentally disordered offenders into psychiatric care can occur prior and during the process of criminal proceedings. Firstly, the police have the power under Section 36 of the Mental Health Act (1983) to take a person, they believe to be behaving in a disturbed manner in a public place, to a place of safety, such as hospital for assessment. This power is open to the police even if an offence has not been committed. The Crown prosecution service may also take into account the mental health of an offender when deciding whether a prosecution is in the public interest. The power of the courts range from remanding the the individual in hospital for assessment, imposing a hospital or restriction order or order the transfer of an individual already in prison into hospital care. However, Grounds, (1996) argued that the provisions of the mental health services in relation to mentally disordered individuals are not â€Å"as full or comprehensive as is required†. Facilities within secure hospitals have been seen to be too custodial and non-therapeutic. As a result the Special Hospitals Service Authority was established in 1989 to manage the special secure hospitals of Broadmoor, Rampton and ashworth Hospitals (Grounds, 1996). Furthermore, the Butler Committee interim report (1975) recommended increased provision for medium secure beds within regional health authorities. However, Grounds, (1996) argued that the target proposed by the Glancy committee of 1, 000 beds had not been met. According to the Department of Health and Home Office (1991) the number of secure in regional Secure units on 31 January 1991 was 597 (Grounds, 1996). In addition, the provision for secure wards providing intensive care was consistent in some areas minimal, and 1community based forensic psychiatry services were also poorly developed’ (Grounds, 1996:289). One of the principles of the Reed committee report (1990) was that all mentally disordered offenders who required care and treatment should receive it from the health and social services rather than the criminal justice system. In practice, this is not the case since the Courts can only issue Hospital orders if a hospital is willing to admit the patient. Thus, despite the fact that the Courts can impose hospital orders in the disposal of mentally disordered offenders whom they believe require treatment, the actual numbers issued are low in comparison to the number of mentally disordered offenders remanded in custody for assessment (Grounds, 1996). The report suggested that in planning services for the disposal of mentally disordered offenders care should be based on the following criteria: wherever possible community based rather than institutionally based care; the level of security should be in line with the level of danger the individual poses to both himself and others; the type of care should maximise the rehabilitation of offenders, and assist individual in sustaining amn independent life; and the location of treatment should wherever possible be as close to the individual’s own home and family. Although the Government White Paper, The Health of the Nation, (1992) set a health target for the effective service provision for mentally disordered offenders the resource provision is not expected to be high. Another problem is that of risk assessment. Risk is a probabilistic quantiative notion, since it predicts the probability of specified harm in a specified time period. Risk assessment can be both false positives, where an event will occur but does not occur or false negatives, namely that a prediction is made that an event will not occur but it does. The notion of dangerousness is in itself an an imprecise concept, one that is based on subjective judgement. Dangerousness is not a pathological attribute but depends on both the issue of context as well as individual characteristics. For example an individual who is characterised as being pathalogicallly jealous would not be a danger to the general public, but would pose a risk to a partner. The evidence highlights the fact that provisions within the mental health services of dealing with individuals who pose a high risk to the public are lacking. The detention of DSPD individuals in prisons without consistent and lonf=g term treatment plans is not only detrimental to the individual concerned but also increases the risk of re-offending as well as increasing possible risks to the public. Moreover, lack of adequate treatments and support systems for individuals increases public perceptions of the failure of the Community Care policy. Furthermore, whilst it is clear that some individuals pose a threat to the public as well as themselves, some might argue that the process of risk assessment needs to be rigorous. A greater understanding of the needs of |DSPD individuals across both the mental health services and criminal justice services is urgently required; hence the need for the agencies involved with mentally disordered people to collaborate. Furthermore, provided there are adequate provisions available the majority of individuals may not pose any real threat to public safety, and the belief that all mentally disordered individuals pose a threat to the public is grossly exaggerated.