Alcoholic Beverage Essays and Research Papers

Instructions for Alcoholic Beverage College Essay Examples

Title: Alcoholic Beverage Industry

  • Total Pages: 20
  • Words: 7606
  • References:0
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: No more than 8 references from the web can be used.

The specific's of the paper are as follows:

Compare and contrast the following Countries [US, UK, China, Brazil and Germany] with respect to the alcoholic beverage industry.

Select a couple of companies from each of the countries specified above. The three company?s I have capitalized below must be used in the paper ? the others are just suggestions.

United States ? ANHEUSER BUSCH and Adolph Coors
The UK ? SABMILLER and Scottish and Newcastle
China ? HARBIN BREWERY and Ningbo Lion Beer Co.
Brazil ? Brahma and Ind Bebidas Antarct Norte ? Nordeste S.A.
Germany ? Loewenbraeu, AG and Actris, AG

1. Take a look at the trading they are doing and the costs of doing the trade.

2. Consider how the trading alliances of the world (regional, bi lateral and world) affect the trade of the companies and nations selected.

3. Discuss the financial environment of the countries and companies selected. How are the companies funding growth? Are we seeing mergers with rival firms etc.? Review the financials of the companies, stock prices etc. Get the type of financial information that would help to track the firms to determine when/if they are a good investment and answer the question of why or why not?

4. Discuss the environmental forces affecting the nations and companies to your paper, including both the physical and socio-cultural forces that influence how business is conducted

5. Discuss the legal and political aspects of doing business in these nations as well as how these nations protect your competitors.

6. Discuss the marketing environment to the paper. Look at the competitive environment and the organizational structure of your firms and their strategies.

7. In conclusion, review the nation's labor practices as well as how those practices affect doing business for foreign firms as well as domestic ones.

Conclude with an overview of operations and out sourcing /in-sourcing and its importance to the selected industry.

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References:

Bibliography

Adams Handbook Advance 2003, Wine Institute Statistics

Anheuser-Busch Announces Investment in China's Harbin Brewery, HONG KONG (May 2, 2004)

http://www.anheuser-busch.com/news/HarbinBrewery.htm

Beverage Digest Fact Book 2003

Beverages: Time to chill out and have a drink http://www.som.yale.edu/AnalystReports/dyn/download.php?reportid=220

Chocolate Products (Malaysia) Annual Report 1999

Ewing, Jack. Big Beer's Global Takeover Binge, News Analysis; Business Week, March 4, 2004.

Foreign brewers battle for Harbin Brewery, Shenzhen Daily.10 May, 2004

Gao, X. M; Wiles, E. J; Kramer, G.L. "A Microecono- metric Model of the U.S. Consumer Demand for Alcoholic Beverages," Applied Economics, January 1995, pp. 59-69.

Goto, Shihoko. China a close second to U.S. beer drinkers, Washington Times. December 30, 2003

Kevin R. Kosar, Brahma of Brazil http://www.alcoholreviews.com/BEERS/brahma.html

Milwaukee. Harbin Brewery chief sharply criticizes SABMiller's bid, The Business Journal. May 7, 2004

Periliski, Greg. Anheuser-Busch Companies, Inc. Retrieved at http://www.hoovers.com/anheuser-busch/--ID__10116 -- /free-co-factsheet.xhtml. Accessed on 13 May, 2004

Periliski, Greg. Adolph Coors Company http://www.hoovers.com/adolph-coors/--ID__12519 -- /free-co-factsheet.xhtml

Population Reference Bureau

Reuters Datamonitor Drinks Database

SABMiller plc Company Profile http://www.google.co.in/search?q=cache:gCmb-v0O3ogJ:biz.yahoo.com/ic/54/54451.html+alcoholic+beverages+manufacturers+UK+SAB+Miller&hl=en

Scottish & Newcastle UK profits slip http://www.sharecast.com/cgi-bin/sharecast/story.cgi-story_id=207385

World Book Encyclopedia 2001

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Title: Brand loyalties in alcoholic beverage markets

  • Total Pages: 35
  • Words: 8770
  • Works Cited:0
  • Citation Style: None
  • Document Type: Research Paper
Essay Instructions: The paper must address the following research question: Are brand loyalties in alcoholic beverage markets among college-age students in the United States affected by the state regulations where they live and similar loyalties of friends and family?

I would prefer a comparison of brand loyalties among people who currently live in alcoholic beverage control states and those in which there is not a government monopoly on the sale of liquor.

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Works Cited:

References:

1. Cooper, J.F., 1992, The Last of the Mohicans, MacMillan, ISBN 0812522974

2. Jurkiewicz, C.L., Painter, M.J., 2008, Social and economic control of alcohol: the 21st amendment in the 21st century, CRC Press, ISBN 1420054635

3. Heath, D.B., Prohibition, Repeal, and Historical Cycles, Brown University Center for Alcohol and Addiction Studies

4. 2010, Alcohol around the world, Alcohol Issues, http://www.alcoholissues.co.uk/alcohol-around-world.html last accessed on March 16, 2010

5. Binge drinkers (most recent) by state (2004). StateMaster. Retrieved March 21, 2010 from http://www.statemaster.com/graph/hea_alc_con_bin_dri-health-alcohol-consumption-binge-drinkers.

6. Total per capita alcohol consumption in gallons of ethanol by state, United States (2006). National Institute on Alcohol Abuse and Alcoholism. Retrieved March 21, 2010 from http://www.niaaa.nih.gov/Resources/GraphicsGallery/consfigs4text.htm.

7. Annual Alcohol Consumption (2008). Time Magazine. Retrieved March 21, 2010 from http://www.time.com/time/2007/america_numbers/alcohol.html.

8. Alcohol consumption levels by sex, age, and education (1999). National Institute on Alcohol Abuse and Alcoholism. Retrieved March 22, 2010 from http://www.niaaa.nih.gov/Resources/DatabaseResources/QuickFacts/AlcoholConsumption/dkpat17.htm.

9. Sheth, J.N. & Park, C.W. (1974). A Theory of Multidimensional Brand Loyalty. University of Illinois, College of Commerce and Business Administration. Retrieved March 24, 2010 from http://www.jagsheth.net/docs/A%20Theory%20of%20Multidimensional%20Brand%20Loyalty.pdf.

10. Nissim, B. (2010). Brand Loyalty: The psychology of preference. Brandchannel. Retrieved March 24, 2010 from http://www.brandchannel.com/papers_review.asp?sp_id=680.

11. O'Neil, D. (2006). Observations on Brand Loyalty. Art of Drink. Retrieved March 25, 2010 from http://www.artofdrink.com/2006/11/observations-on-brand-loyalty.php.

12. Brand Loyalty -- The Holy Grail (2010). Smith & Jones. Retrieved March 25, 2010 from http://www.smithandjones.com/content489.

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Title: Assessment of your own diet

  • Total Pages: 5
  • Words: 1376
  • Bibliography:0
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: File for order uploaded to fax/file board.

Nutrition and Lifestyle Management

Coursework 1: An assessment of your own diet.

Written practical assignment (2000 words +/- 10%).



Background

You are analysing your own diet, so you are the subject of the study.

Your reaction to this exercise will be mixed. It is a time-consuming exercise and needs to be

done carefully in order to be as accurate as possible. If you do not carry it out as accurately

as you can, the results will be less meaningful. The rewards usually outweigh the

drawbacks, and, while you may not feel it at the time, many students do come back and say

to me that they have found the exercise illuminating, informative and often reassuring. (No

doubt there are some who are still cursing me for years to come!)

Be objective about the exercise and try not to get emotionally involved!!

In completing this piece of work you will be able to demonstrate that you have succeeded in

gaining a comprehensive knowledge and understanding of the following areas:

? The current state of knowledge of requirements for macronutrients and

micronutrients.

? The health problems linked to an excessive or deficient intake of certain nutrients.

? the fact that food and drink are not taken at random, but in the context of social

exchanges among people and within social institutions such as the family and that

food intake patterns are strongly influenced by geographic, economic and “cultural”

factors.

You will also be able to demonstrate:

? competency in the use of computer databases for dietary analysis, in analysing

results, and in the presentation of results in graphical and tabular form

? a critical understanding and approach to the research context of the subject area by:

o Being able to relate theory to practice by demonstrating the ability to adapt

dietary advice to meet the particular needs of the individual.

o The ability to discuss the role of diet and appropriate supplementation for

specific conditions

o An awareness of safety issues surrounding dietary advice in practice.



Sections of the Assessment and Requirements for the Report.

The exercise will involve the following parts.

Part 1: Case history:

You should present a short case history for yourself as the ‘patient’ or ‘client’. This

should not exceed 250 words. Any factors that might impact on dietary advice that

will be given should be considered. These might include family history or personal

medical history, for example of diabetes, hypertension, high blood cholesterol etc;

desire to lose weight or gain weight; compliance issues.

Part 2. Method

You should include a brief method section. Detailed methods can be placed in an

appendix for reference. Information such as the methods/equipment used for

weighing and measuring, the days on which the dietary analysis was performed, the

computer programme used etc should be included.

2

a) Recording your diet:

You will record your typical food intake. To get a reasonably accurate idea of your

average intake, record all meals, snacks and drinks, including water consumed over

3 days. The 3 days must be consecutive and include 2 weekdays and one

weekend day i.e. Thursday, Friday and Saturday OR Sunday, Monday and

Tuesday.

The method for recording your diet will be introduced in week 2 and you will need to

use the designated forms and procedure given then. These will also be available

on OASIS. Include the record in an appendix to your submitted work.



*Recording procedure

Include all snacks, condiments and spices, tonics, alcoholic drinks, sweets, etc.

All snacks, meals and drinks consumed away from home must be recorded

Begin each day on a new page of the record form

Record the day of the week and the date at the top of the record form

Record each item of a composite dish on a separate line

Record where and what time each snack, meal or drink was consumed.



*how to describe food and drinks

1. method of cooking

2. kind of food (raw or cooked; peeled or unpeeled etc)

3. Brand names where appropriate

4. include all condiments (pickles, sauce, etc)

5. provide as much information from the label as possible about any unusual or special food



* how to record amounts of foods and drinks

1. record the amounts of all food and beverages in the form they are consumed

Eg. Do not record the weight or size of a raw potato or piece of meat but the amount of it in the cooked form



*Calculation of nutrition intake

Nutrition intake can be calculated using food composition table or using a computer program and nutrient database. You can make your choice



1. nutritional analysis tool 2.0 (NAT 2.0)

http://nat.crgq.com

this is an online nutritional analysis programme that you can access on the internet.



Important notice:

It is important to remember that this programme compares the analysed diet against American RDA’s. you will need to compare your nutrient intake over the 3 days against the British DRV’s as set by COMA (1991). These figures are given below. You will need to calculate your intake as a percentage of these figures for your assignment.



2. mypyramid.gov

http://www.mypyramid.gov



Again, American website, so you will need to analyse your diet but compare the nutrient intakes against UK DRVs and not the American ones.





b) Analysing Your Diet



Having recorded everything you have consumed over 3 days you will need to

calculate the nutrient content of the food eaten. You can do this using a computer

programme.

. Include the print outs from the dietary analysis as an appendix to your

submitted work.



Part 3. Results

a) Intake of nutrients as a percentage of UK Dietary Reference Values (DRVs).

Using your dietary analysis, you will record your intake as a percent of UK DRVs in

a table in a format similar to Table 1 given below and also as a graph (call the graph

Figure 1 and give it a full title).

Please note that you are expected to compare intake against current UK values and

not American values which are different for some nutrients.

Think hard about the best way to present the results as a graph that makes then

important issues easy to understand.

You should include the nutrients given here but you can add other nutrients if you

consider these important in this particular dietary analysis. If you include them you

will have to justify their inclusion in your discussion.



Table 1: Intake of nutrients as % of UK Dietary Reference Values (3 day weighed

intake: subject information ........)

nutrient


3 day average


3 day average intake as a % of UK DRVs

Protein







Carbohydrate







Calcium







Iron







Vitamin C







Sodium







Zink







Non-starch polysaccharides
(Dietary fibre)







Vitamin A







Folate (Folic Acid)







Vitamin B6







Vitamin B12







Include other nutrients if important









b) Energy Intake.

You will need to calculate the proportion of calories derived from each of the

macronutrients i.e. the proportion of total energy intake that protein, fat and

carbohydrate contributes. Alcohol also provides energy if you consume it.

You should present this in the format of the following table and also construct a pie

chart to represent this information.





Table 3: Distribution of energy intake in the diet: (mean of 3 day weighed intake;

subject information ...)

Nutrient and alcohol


Recommended percent of total calories (from UK guidelines)


Percent of total calorie intake derived from each dietary source

Carbohydrate







Protein







Total fat







Alcohol









c) Anthropometry.

Evaluate health risks associated with weight and estimates of body fat composition.

You should present this information and any other data that you might think relevant

in the table below. For information on BMI see:

http://www.who.int/bmi/index.jsp?introPage=intro_3.html

Waist-to-hip ratio: divide the measurement of your waist by that of your hips (men:

ratio ideally _ 0.90; women _ 0.85)

Waist circumference: Men: _ 94cm increased risk; _ 102cm substantially increased

risk; Women: _ 80cm increased risk; _ 88cm substantially increased risk.



Table 4: Results of Anthropometric Measurement (Subject details...)

Anthropometric measurements


Subject measurements


Standard of range considered healthy (WHO)

BMI


26.45




Waist circumference (cm)


85




Waist to hip ratio


0.85






d) Energy intake and output:

Estimate your energy output and compare this against your current energy intake.

Present this in a table as indicated below.



Table 5: Average energy intake and output

Average energy intake over the 3 days


Estimated energy output


% difference between average daily intake and output











Part 4: Evaluation of your diet and Discussion:

Your evaluation needs to address the results of your dietary analysis i.e. your

findings. Use the list below as a guideline for your write-up but this is not

exhaustive and should be tailored to your particular ‘client’ and their diet and needs.

You need to write in a scientific style (see the next section) and you must back up

any assertions you make with evidence, citing relevant literature throughout.

a) Using the information from Table 1, evaluate how your diet compares to DRVs.

Think about nutrients which you consumed less than 75% of your DRV and

those nutrients consumed in excess of DRVs.

b) How does the diet analysed compare to dietary guidelines and goals for

carbohydrates, fats (types of fat), protein, and alcohol as a % of total energy

intake.

c) How does your diet compare to dietary guidelines and goals for non-starch

polysaccharides (‘fibre’)?

d) Is the energy intake appropriate for the subject (you)? Why/why not? Think

about body weight, BMI, whether you are gaining or losing weight etc

e) Salt intake: consider whether salt intake is too high and discuss approaches to

bringing this to within current guidelines (see

http://www.food.gov.uk/healthiereating/)

f) Evaluate how your diet compares to UK dietary guidelines; (see

http://www.food.gov.uk/healthiereating/eatwellplate/;

http://www.nutrition.org.uk/home.asp?siteId=43§ionId=874&subSectionId=3

20&parentSection=299&which=1)

Be sure to address each of the guidelines and support your answer using

information from your results tables.

g) Based on your responses above, identify changes that you would recommend to

improve the diet for this ‘client’

? Describe how these dietary changes could be accomplished.

? Discuss why these changes may benefit the health of this subject (you) or

help prevent disease in the future.

? If your diet is adequate in every way and there is no room for improvement,

explain what makes it so good.

? Discuss any barriers that exist that might make it difficult for this subject

(you) to make changes to diet and lifestyle or that might lead to reverting to

the old diet after a time (Compliance issues). How might you as a practitioner

help the ‘client’ with the ‘stages of change’ involved? Refer to models of

compliance and the change process(weeks 1 and 2)

? Dietary recommendations: A summary table of your recommended changes

including changes in the food eaten should be included. Make this easily

accessible; imagine you were giving this to a client to help them comply with

the advice you are giving.

Part 5: Reference List

Make sure you provide a full reference list. Use the guidelines given on the

LR webpages – Referencing for health and Social Sciences

5

Scientific Report Writing.

"The preparation of a scientific paper has almost nothing to do with literary skill.

It is a question of organization."

--Robert A. Day, How to Write and Publish a Scientific Paper

When writing-up a practical exercise such as this it is important to remember not to

regurgitate chunks from textbooks or from any other source. You should aim to show that

you understand the aims of the dietary assessment exercise and the significance of what

you were able to find out; that you are able to present data in a clear and concise way and

that you can interpret and fit your results into a theoretical framework.

You should try to write in a way that is easily understood and grammatically correct. Use full

sentences and check the spelling. Scientific writing is usually in the past tense because you

are reporting on an exercise or experiment that has been completed. However, when citing

a published result it is etiquette that you refer to it as a fact in the present tense, e.g. “DNA

has a double helix structure (Watson and Crick 1953)”.

It is also a convention in science writing to use the passive voice. In other words, instead of

writing “I analysed the data...” you would write, “The data was analysed...”. However, it is ok

to use the active voice wherever it is not too self referential e.g. rather than saying that “The

food was eaten by the dog”, you can say that “The dog ate the food”.

Structure.

Your report should always start with the title and end with references.

In between, for this assignment, you need to include the results and evaluation as described

above in sections 3 and 4.

Title:

You should give the work your own title (not the title of the assessment as given).

Your title should describe contents clearly and precisely.

Advice:

? Avoid wasted words such as "studies on," "an investigation of."

? Avoid abbreviations and jargon

? Avoid "cute" titles.

? Unacceptable: An Investigation of body temperature change during and after

exercise.

Unacceptable: Body temperature: are we hot after exercise?

Acceptable: Body temperature change due to exercise.

Results:

? Graphs should be used where data shows a trend e.g. body temperature

measured over a day at hourly intervals.

? Graphs must be adequately labelled and calibrated. Graphs and drawings are

called “figures” and labelled “Figure 1”, “Figure 2” etc., in the sequence to which

they are referred in the text.

? You should draw graphs on a computer but keep special effects to a minimum

please!

? All graphs should have a title. The title should give enough information to explain

what is shown and give enough indication of the subject/method etc. to interpret

the graph without referring back to the text.

6

? Carefully consider what sort of graph you should be using e.g. bar chart,

histogram, line graph. If you are not sure, either look it up in a text book or ask a

tutor.

? Tables should be used as indicated and should be used if there is no trend or if

exact numbers are more important. Tables should be labelled “Table 1”, “Table

2” etc. Tables should be given a title at the top with any explanation and

comments given at the bottom of the table in the form of footnotes.

Discussion:

What do your observations mean?

What conclusions can you draw?

In the discussion you should comment on your results, interpreting them in the light of the

published literature. You should try to draw your own conclusions. Keep your explanations

brief and very relevant. Try hard not to simply repeat the text from your results section.

Advice:

? Move from specifically discussing your findings to discussing them in the light of

the literature, theory and practice.

? Make explanations complete.

? Give evidence for each conclusion i.e. from the literature.

? Discuss possible reasons for expected and unexpected findings.

? Don't over generalise.

? Don't ignore deviations in the findings.

References:

Basic rule: list a reference for every idea or statement not your own.

You should read text books, journal articles and use other sources to write your report and

then cite these sources in the body of the text as well as list them in a reference list at the

end. As a level 3 module, you are expected to use primary sources i.e. peer reviewed

journal articles, not only text books (secondary sources).

References should be made using the recognised format chosen by the University. If you

are unsure of the way to reference and to format references, make use of the information

provided in the library and on the intranet (Referencing and citation Style; Health and Social

Sciences: http://www.lr.mdx.ac.uk/Helpsheets/Study%20Skills/HSS.pdf).

You should list a reference for every idea that is not your own. When we talk about

plagiarism it does not only mean copying something word for word, it also covers using

another person’s ideas without acknowledging that person. You not only have to reference

the authors of books and papers, but also web sites accessed and other people with whom

you might have worked with to produce the lab report. If, for example, you work in a group in

the laboratory and someone else in the group comes up with an idea that you use you

should acknowledge as a personal communication (S. Trop, pers. comm.).





























































Dietary Reference Values

Adapted from COMA 1991, Dietary Reference Values for food energy and nutrients for the United Kingdom






Male (19-50 yrs)

Energy (EAR)


2550kcal/d

Protein (RNI)


0.75g/kg body weight

Total fat


33% of total dietary energy

Saturated fat


10% of total dietary energy

Monounsaturated fatty acids


12% of total dietary energy

Polyunsaturated fatty acids


6% of total dietary energy

Carbohydrates


50% of total dietary energy intake

Fibre-non-starch polysaccharides


18g/d

Vitamin C


40mg/d

Thiamine


1.0mg/d

Riboflavin


1.3mg/d

Niacin


17mg/d

Vitamin B6


1.4mg/d

Folacin


200?g/d

Vitamin B12


1.5 ?g/d

Vitamin A


700 ?g/d

Calcium


700 mg/d

Iron


8.7 mg/d

Potassium


3500 mg/d

Sodium


1600 mg/d

Zink


9.5 mg/d







































Subject information



Subject: Mr A

Date of Birth: 18. 03. 1978

Marital status: married

Occupation: Full time student

Nationality: South Korean

Home address: London, UK



Height: 175cm Weight: 82.6kg



BMI: 27

Fat: 16.5% (13.6kg)

Lean: 83.5% (69kg)

Dry lean weight: 20.4kg

Water: 58.8%

Water 48.6 liter

BMR: 2101 kcal

BMR/body weight: 25.4kcal/kg

EAR: 3152kcal



Activity level: Med (plays basketball once a week, goes gym twice a week)



Waist: 85cm

Hip: 100 cm (Waist to hip ratio: 0.85)





Please use

Nutritional Analysis Tool version 2.0 (NAT 2.0) http://nat.crgq.com

to analyse the food intake explained below





Record of dietary intake on Thursday 22nd 2009





10 am /1 apple, 1 cup of green tea /home

11 am chewing gum 1 / street

1 pm /tuna sandwich, 200ml milk, chewing gum 1 /café

7pm~ T bone steak, 1 glass of red wine / outback steak house





Record of dietary intake on Friday 23rd Jan 2009





10:00 home/ milk-cow-lowfat-past&raw-fluid-2%fat-w/added vit a 200ml

10:00 home/ waffles-buttermilk-prepared from recipe 60g

2:00 pm pizza hut/ thin’n crispy pizza with ham, 4 slices 292g

2pm pizza hut/ orange juice 200ml

3:00pm outside/ chewing gum, 1 pc 5g

8pm home/ pork-fresh-loin-center rib boneless-sep lean and fat-cooked-pan fried 300g

8pm home/ lettuce-looseleaf-raw, garlic-raw 5 pieces



10pm pub/ alcoholic beverage-beer-light 4 pints

10pm pub/ peanuts-all types-oil roasted-w/salt 50g



Record of dietary intake on Saturday 24th 2009



2pm home/ orange juice (Sunkist pure) 600ml



7pm sushi bar/ tuna sasimi 600g, wasabi (Japanese horseradish) 1 tea spoon, soy sauce 10g,

Rakyo(pickled spring onion) 20g, miso soup 100ml, beer 6 pints,

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Excerpt From Essay:
Bibliography:

References

Nutritional Analysis Tool 2.0, created July 1999, retrieved January 31, 2009 http://www.nat.uiuc.edu/nat.pdl http://www.nutrition-matters.co.uk/misc/1991COMAreport.htm

http://www.nutritiondata.com/help/analysis-help#cp-pyramid http://www.who.int/bmi/index.jsp?introPage=intro_3.html

http://www.ncbi.nlm.nih.gov/sites/entrez?Db=pubmed&Cmd=ShowDetailView&TermToSearch=11360147

http://www.mayoclinic.com/health/waist-to-hip-ratio/AN01794

http://www.food.gov.uk/healthiereating/eatwellplate/aboutplate http://www.nutrition.org.uk/home.asp?siteId=43&sectionId=880&parentSection=874&which=undefined

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Title: employrment law

  • Total Pages: 10
  • Words: 2872
  • Sources:10
  • Citation Style: APA
  • Document Type: Research Paper
Essay Instructions: INSTRUCTIONS: Question A is required. Choose 5 of the remaining questions. Write a complete answer to each question. Answer all parts of each question and provide a detailed legal analysis of your answer. Clearly state the applicable law (ie. statutes such as Title VII and/or cases such as Griggs v. Duke Power) and any assumptions.

The paper must be in the following format: (1) Double-spaced (2) Use appropriate APA citation within the text of the paper (Cite the paper as APA (Seen, 2013, p. ____ ).3) Clearly state the applicable law.

Write the paper in an objective manner. Avoid excessive comments that begin with ?I think.? Focus on facts, law, and reasoned analysis.

Sample of Laws and cases to consider are the following:

Title VII 1964 and Procedures and remedies

Onacale v. Sundowner offshore Services, inc

Pay Equity and Age Discrimination

Equal pay act
ADEA
Zippittelli v. J.c Penney Company, inc

Disability Discrimination
Rehabilitation Act of the ADA
Huber v. Wal-mart Stores, inc

Employment Relationships
At will employment law

Studebaker v. Nettie?s Flower Garden, inc

The National Labor Relations Act
Employer unfair labor practices

Dispute Settlement Law and Privacy law
EEoc V. Waffle House inc
Deal v Spears

Occupational Safety and Health Law
Wage and Hour Law









REQUIRED QUESTION:

A. Ms. Riyadh is employed as an account executive with ABC Advertising (?ABC?). ABC is a national marketing and advertising firm specializing in domestic and international advertising. ABC has its corporate headquarters in this state and represents many major public and private corporations throughout the United States. Ms. Riyadh began working with ABC as a summer intern during her senior year in business school, and was hired as a full-time employee after receiving her M.B.A., with honors, from the University of Michigan in 1978. Ms. Riyadh has been employed with ABC at its office in the state capital since 1978. During her employment, she has won three national awards for her work.

For several reasons, Ms. Riyadh believes ABC has illegally discriminated against her and she now wants to sue the company. She says the company's practice has been to promote employees from within. Ms. Riyadh states that despite receiving "outstanding" performance evaluation ratings each year she has worked there, she has never been promoted since she was hired and has been repeatedly passed over for any promotions.

She also says that all of the male employees who were hired between 1978 and 1988 in the same classification as hers have been promoted from one to four times and earn significantly higher salaries. In addition, none of these employees has won any national awards, and a few of these individuals are marginal employees. She notes that three women have been promoted since she was hired, but points out that men greatly outnumber women in all positions at ABC.

ABC responded to a preliminary inquiry by asserting that Ms. Riyadh was not promoted because she doesn't "fit the image" that is right for the higher positions. ABC claims the higher positions have high visibility, require extensive travel, and have greatly increased client contact, including presentations before corporate and professional groups. ABC argues that Ms. Riyadh is a very plain woman, that she refuses to wear make up or adornments of any kind, other than a head scarf, that she is very religious and takes a daily "prayer and meditation" break during her lunch break, and that her religious beliefs prohibit certain types of "fraternizing," such as drinking alcoholic beverages and eating certain foods. ABC officials state that while Ms. Riyadh is a good employee, they do not believe she is "qualified" to represent ABC in certain capacities. ABC argues that in the advertising field, it is essential that higher "administrative" employees project a polished appearance and engage in social and fraternal activities in order to obtain and conduct business.

Ms. Riyadh states that ABC is discriminating against her. She argues that these factors are not relevant to her ability to perform in any of the higher positions, and that ABC is simply using other rationales as a ploy to justify discriminating against her. She further states that when ABC hired her, she was advised that if she did a good job, she could expect to be promoted to the position of account vice-president within two years.

Ms. Riyadh seeks damages for lost wages and benefits. She also wants a court order directing ABC to promote her to a higher position. Analyze Ms. Riyadh?s case. Identify all potential claims and any defenses available to ABC.


B. ANSWER 5 OF THE FOLLOWING QUESTIONS clearly state the applicable law

1. Unified Postal Services (UPS) is a private corporation which provides mail services to the public. UPS has been sued by a class made up of all deaf employees. These employees claim to have been discriminated against based on their disability. UPS provided training to all employees on security and safety in handling mail, including packages. The training included several videos on Anthrax, after several workers were injured by packages containing the lethal substance. The deaf workers claim that UPS never provided interpreters or videos with subtitles. UPS claimed that it did not have to provide accommodation to the workers because they were able to view the videos and watch the demonstrations on handling packages. The company claims that the workers are not disabled for the purposes of handling packages. Will the employees win the case?


2. Bob Smith, a member of the electrical workers' union employed at Saturn Company, had a history of tardiness and absenteeism. One morning, he had car problems which delayed his arrival at work. When he finally arrived at work, Bob was told that he was fired. The union filed a grievance on Bob's behalf, objecting to the discharge. In accordance with the collective bargaining agreement, an arbitration hearing was held. The arbitrator, after weighing testimony and evidence, ordered Bob reinstated with back pay. The arbitrator found that Saturn had not properly and objectively investigated Bob's car problems and therefore did not have just cause to fire him. Saturn refused to reinstate Bob in compliance with the arbitrator's award. Bob and the union petitioned the U.S. District Court to enforce the arbitrator's award. Saturn petitioned the court to overturn the arbitrator's decision, claiming that, based on the evidence, the dismissal was unquestionably for just cause under the labor agreement. Should the court grant Saturn's request and overrule the arbitrator? Explain your answer.

3. Martha has applied for a job as a stock clerk, at Good Food Supermarket. During her interview, she reveals to the interviewer that at some point in the next ten months she will need to undergo surgery to remove a tumor in one of her vertebrae, and that even if the surgery is successful, her post-operative range of movement could be severely limited. The job requires a good deal of lifting and a wide range of movement, in order to place goods on the shelves. The interviewer decides not to hire Martha because she may not be able to perform the job after the surgery. Martha files a claim against Good Food Supermarket. Does she have a valid claim? Explain your answer.

4. Muhammad, an Arab-American high school student, had a job after school in a fast-food restaurant, Eddy?s BBQ. A few co-workers started asking him why his ?cousins? bombed the World Trade Center. Muhammed ignored their taunts. Then a manager began to add comments such as, ?Hey, Muhammed, we?re going to have to check you for bombs.? Muhammed felt humiliated and angry. Soon after, he was terminated for accidentally throwing away a paper cup that the manager was using. Muhammed suspects that his religious and ethnic background was the reason he was fired. Muhammed has filed a claim with the EEOC. What will be the result in this case?

5. Patsy is a waitress at Tom?s Irish Pub. She complains to her boss, Tom, that Simon, a frequent patron of the restaurant, has been making comments to her with sexual innuendos. Patsy details Simon?s activities to Tom, and requests that Simon be asked to stop. She also requests that another waitress be assigned to Simon?s table. Tom, the restaurant owner, says he will look into the matter. Tom is afraid to upset Simon, who is one of the restaurant?s best customers. Tom puts the matter off for a few weeks. When he finally gets around to dealing with Simon, he politely asks Simon if he can ??go a little easier on Patsy.? Tom ignores Patsy?s request to be relieved of any obligation to wait on Simon. Does Patsy have a claim against Tom?s Irish Pub? Explain your answer.

6. Paul Jones was an operations manager at the Wallsbury Company. His employment status was that of an employee at will. Jones received certain email messages at home, and he replied to his supervisor by email. His email messages contained some provocative language, including a reference to "kill the backstabbing jerks" and a reference to the "Jim Jones Koolaid affair". Later Jones was given 2 weeks notice of his termination and he was told that his email remarks were inappropriate and unprofessional. Jones believes he is a victim of invasion of privacy because the email messages caused his termination and the company had promised that email communication would not be intercepted and used as a basis for discipline or discharge. The company denies that it intercepted the email messages and points out that Jones himself send the unprofessional comments to his supervisor. Who should win the case ? Jones or Wallsbury Company? Why?

7. Dr. C. Brown, was an employee of Mars Pharmaceutical Products Inc. and was severely injured and hospitalized when a vat used in the production of AAXXN, an anesthetic ingredient, overflowed, spraying toxic chemicals into the immediate area. Brown, an employee with 20 years experience was tending the vat at the time of the overflow. OSHA inspector James Johnson was dispatched to investigate the incident. Johnson spoke with some employees who helped wash down Brown. A fellow employee who saw Brown after the accident told Johnson that Brown was "covered from head to toe with chemical, including his head and mouth." Brown's supervisor told Johnson that it was "company policy" that the vat operator wear a respirator, chemical goggles, and gloves. Although no one testified as to exactly what type of protective gear that Brown was wearing, the OSHRC found Mars in violation of a specific regulation that compels an employer to make sure that an employee engaged in an operation like Brown's is wearing full-body protective gear, including boots, chemical retardant clothes, a full face shield and a self-contained breathing apparatus.

Mars appealed this decision to the court of appeals, claiming that there was not enough evidence to support a citation for a violation of the chemical clothing requirements as no one testified exactly as to what Brown was wearing. What factors should the court consider when deciding whether to enforce or vacate an OSHRC decision? Should the court set aside this OSHRC decision? Why or why not?

8. Sam has been turned down for a job as an ambulance driver because he is age 65. The rationale is that most individuals his age have certain health related characteristics that legitimately exclude them from effective service as ambulance drivers. Sam was never individually evaluated to determine whether he possessed the disqualifying characteristics. Does Sam have a claim against the hiring company? Explain why or why not.

9. A video camera aimed at the factory floor where U.S. Postage stamps are printed records what appears to be Murray, a line employee, stealing sheets of stamps from the production line. Based on the tape, factory officials search Murray's locker and find the stolen stamps. Murray challenges the search as unconstitutional. Is the search legal? Why or why not?

10. Bob Cash is the manager of People First Bank ("People First"). One day, Bob received a call from one of the bank's largest customers ? Million Dollar Construction ("Million Dollar"). The CEO at Million Dollar asked Bob to send an account representative from the bank to discuss some new loans for Million Dollar. This is a very important customer and Bob wants to make sure he does everything to satisfy their business needs. Bob sends his top-performing account representative, Joe, to meet with the CEO. Shortly thereafter, Bob receives an angry phone call from the CEO, who claims he does not do business with anyone who is not Caucasian, and Bob should not have sent Joe, who is African-American, to meet with him. Since this customer is worth millions of dollars to the bank, Bob sends another representative, James, who is Caucasian, to meet with the CEO. James is able to extend several large loans to Million Dollar and receives a large commission. Joe sues People First because he did not receive the commission. Evaluate Joe's claim and discuss any damages that he may receive as a result of his claim.

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References

Age Discrimination: Who Is Protected? (2014) NCI Direct. Retrieved from: http://www.nidirect.gov.uk/age-discrimination

Disability Discrimination in the Workplace: An Overview of the ADA (2013) NOLO Law. Retrieved from: http://www.nolo.com/legal-encyclopedia/disability-discrimination-workplace-overview-of-30123.html

National Origin Discrimination (2013) Workplace Fairness. Retrieved from: http://www.workplacefairness.org/nationalorigin?agree=yes#1

Schlinker, JC and Payok, MK (2005) The Customer is Not Always Right. Michigan Bar Journal. Jan 2005. Retrieved from: http://www.michbar.org/journal/pdf/pdf4article830.pdf

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