Gender Discrimination at Walmart Essay -- Walmart Sex Discrimination

Walmart, the world’s largest retailer and private employer, has established a highly profitable business centered on a low-cost strategy that utilizes logistical efficiencies to create a competitive advantage. Yet, to maintain this low-cost strategy, Walmart has engaged in ethically questionable practices, including gender discrimination in promotion and pay. While the Supreme Court recently ruled against class certification of 1.5 million women in the Dukes v. Walmart case due to a lack of proof that Walmart operated under a â€Å"general policy of discrimination†, overwhelming evidence demonstrates that gender discrimination is a persistent problem rooted in the culture of Walmart, despite gender-neutral policies (Biskupic, 2011). During the 1950’s and 60’s in northwest Arkansas, a surplus of unskilled labor existed due to â€Å"increasing mechanization of agricultural work†. Leveraging this pent up demand for employment, Sam Walton, the founder of Walmart, provided these agricultural men with prideful responsibilities as managers of his retail stores, while employing their wives and daughters as low wage clerks (Lichenstein, 2011). Forty to fifty years later, in an economy sagged by high unemployment, particularly among an unskilled, low educated workforce, the practice of promoting men to run stores while women are forced to settle for low wage labor remains prevalent at Walmart. In fact, statistical analysis from plaintiffs in the 2001 Dukes v. Walmart lawsuit showed that women comprised nearly 70% of hourly employees, but only 33% of management positions (Hymowitz, 2011). The overwhelming disparities between men and women in management relative to the proportion of those in hourly posi tions further cements the continual existence ... ...three research paradigms. Psychological Bulletin, 137(4), 616-642. doi:10.1037/a0023557 Lichenstein, N. (2011) Wal-Mart’s Authoritarian Culture. New York Times Lichenstein, N. (2007) Why Working at Walmart is Different Connecticut Law Review, Volume 39 Number 4, May 2007 Powell, G., Butterfield, D., and Bartol, K. (2008). Leader evaluations: A new female advantage? Gender in Management: An International Journal, 23, 156-174. Rosette, A., & Tost, L. (2010). Agentic women and communal leadership: How role prescriptions confer advantage to top women leaders. Journal of Applied Psychology, 95(2), 221-235. doi:10.1037/a0018204 Wal-Mart Class Website. (2011). â€Å"Declaration Summaries†. Retrieved from 22 Nov 2011 The official site for the women in the class action Dukes v. Wal-Mart Stores, Inc. Gender Discrimination at Walmart Essay -- Walmart Sex Discrimination Walmart, the world’s largest retailer and private employer, has established a highly profitable business centered on a low-cost strategy that utilizes logistical efficiencies to create a competitive advantage. Yet, to maintain this low-cost strategy, Walmart has engaged in ethically questionable practices, including gender discrimination in promotion and pay. While the Supreme Court recently ruled against class certification of 1.5 million women in the Dukes v. Walmart case due to a lack of proof that Walmart operated under a â€Å"general policy of discrimination†, overwhelming evidence demonstrates that gender discrimination is a persistent problem rooted in the culture of Walmart, despite gender-neutral policies (Biskupic, 2011). During the 1950’s and 60’s in northwest Arkansas, a surplus of unskilled labor existed due to â€Å"increasing mechanization of agricultural work†. Leveraging this pent up demand for employment, Sam Walton, the founder of Walmart, provided these agricultural men with prideful responsibilities as managers of his retail stores, while employing their wives and daughters as low wage clerks (Lichenstein, 2011). Forty to fifty years later, in an economy sagged by high unemployment, particularly among an unskilled, low educated workforce, the practice of promoting men to run stores while women are forced to settle for low wage labor remains prevalent at Walmart. In fact, statistical analysis from plaintiffs in the 2001 Dukes v. Walmart lawsuit showed that women comprised nearly 70% of hourly employees, but only 33% of management positions (Hymowitz, 2011). The overwhelming disparities between men and women in management relative to the proportion of those in hourly posi tions further cements the continual existence ... ...three research paradigms. Psychological Bulletin, 137(4), 616-642. doi:10.1037/a0023557 Lichenstein, N. (2011) Wal-Mart’s Authoritarian Culture. New York Times Lichenstein, N. (2007) Why Working at Walmart is Different Connecticut Law Review, Volume 39 Number 4, May 2007 Powell, G., Butterfield, D., and Bartol, K. (2008). Leader evaluations: A new female advantage? Gender in Management: An International Journal, 23, 156-174. Rosette, A., & Tost, L. (2010). Agentic women and communal leadership: How role prescriptions confer advantage to top women leaders. Journal of Applied Psychology, 95(2), 221-235. doi:10.1037/a0018204 Wal-Mart Class Website. (2011). â€Å"Declaration Summaries†. Retrieved from 22 Nov 2011 The official site for the women in the class action Dukes v. Wal-Mart Stores, Inc.

Whole Foods Market Case Analysis

Whole Foods Market has received recognition as recent as January 27th 2011 when CNBC aired Supermarkets Inc: Inside a 500 Billion Money Machine. â€Å"Whole Foods is arguably the most influential, and by some measures, the most successful supermarket chain in the world. The specialty gourmet store has grown into a Fortune-300 company offering specialty foods and locally grown organic produce. † CNBC goes on to state that even â€Å"Established brands like Safeway, Giant Eagle and Kroger are cultural icons as familiar as our own street names, but they are under constant attack from brilliant upstarts like Whole Foods†¦1† From the general supermarket industry Whole Foods Market breaks down into even a smaller specific industry which is the natural and organic foods industry. This industry focused on proving customers with natural foods which is defined as â€Å"foods that are minimally processed, largely or complexly free of artificial ingredients, preservatives and other non natural occurring ingredients; and near to their whole, natural state as possible. 7. † Also â€Å"organic foods were a special subset of the natural foods category; to be labeled as organic, foods had to be grown and processed without the use of pesticides, antibiotics, hormones, synthetic chemicals, artificial fertilizers, preservatives, dyes or additives or generic engenerring. † Also from the text book CEO John Mackey believes Whole Foods Market has been highly selective for finding the highest quality, least processed, most favorable and naturally preserved foods available. Whole Foods Market is an industry leader in natural and organic food retailing. The five forces model of competition, in written form, is provided as a key analytical tool to better understand the overall attractiveness of the industry. Rivalry among competing sellers is certainly strong and is expected to become stronger as more grocery retailers compete for loyal customers who desire the healthiest foods. The threat of substitute’s products is very high from other grocery retailers. For example, Publix has branded its own natural/organics products line named Green Wise and even a few stores that have a majority of its products natural/ organic. The restaurant industry should be considered but it is a very low threat because there are very few restaurants that are only dedicated to natural/organic products. The threat of new entrants entering the industry is fairly low. This is simply because grocery retailers have already got into the market to insure they would get their share. The bargaining power of suppliers is a medium level threat to the industry because industry members are competing for products to put on their shelves from the same suppliers. The bargaining power of buyers is definitely low because conventional retailers set the price consumers must pay to obtain the goods they want. Because of these threat levels the overall attractiveness of the industry high. Consumers are becoming more conscious of the foods they are eating and will continue buying natural and organic foods. There have been many main events and performance indicators that have occurred with Whole Foods Market recently, as stated in the Epilogue to January 2009 â€Å" Whole Foods Market planned on opening 15 stores , have annual sales of about 8. 3 billion, have capital expenditures of $400 to $450 million, and incur annual interest costs of $35 to $40 million. † The main elements of Whole Foods Market strategy are providing customers with the highest quality natural/organic products. Whole Foods Market has a strong growth strategy because they have 66 store in the stages of development and have future plan of acquiring more stores to expand their company further down the road. This growth strategy has helped them achieve their financial goals. Whole Foods Market can be assessed by using a simple SWOT analysis. This assessment will begin by examining the internal strengths and weaknesses. Internal strengths Whole Foods Market has two narrow markets that it serves, organic differentiation is the key-stone of whole foods mission, this means Whole Foods Market uses a focus differentiation strategy, highest quality brand reputation, dedication to the social ethics of organics, industry best customer service strong supply chain, and developing a private label of organics. Whole Foods Market has had experience in the natural/organic retailing industry since 1980. For the past 30+ years they have built over 300 large customized stores in North America and also in the United Kingdom. Whole Foods Market is known to provide the highest quality of products. Weaknesses of Whole Foods Market include the high prices for their products; this is a direct result of the company’s focus on their availability of the finest products. The majority of Whole Foods Market inventory consists of perishable items. This can sometimes pose problems because, produce, milk, eggs have a short shelf life, Produce especially needs constant maintenance to be graded as well as pulling the damaged or bruised produce off the sales floor. Working as a roduce clerk for several years I know the importance decreasing the cost of throw away products. It hurts the company’s sales especially when you are dealing with pricy high quality natural and organic foods. Another weakness the Whole Foods Market faces is the high costs associated with expanding into different locations. The third part of SWOT is external opportunities that WFM faces in the industry. Over the past couple of decades more consumers have been becoming more health conscious and eating right. WFM can take advantage of this new outlook on the health food industry by acquiring new customers. Also, Whole Foods Market should spend more money on advertising to attract these health conscious customers. The final part of the SWOT analysis is the external threats that Whole Foods Market has to face. One of these threats is the increasing competition of already established grocery retailers. It’s very easy for these competitors to add natural and organic foods into their inventory. Another threat to Whole Foods Market is that their growth relies on building new stores and acquisitions of existing favorable buildings. If Whole Foods Market does not succeed in acquiring these store then the dominating grocery retailers will take more market share and slow the company’s growth. Evaluating Whole Foods Market using (S. W. O. T. ) analysis internally and externally helps you to develop an overall assessment of the company’s current competitive situation. Whole Foods Market is in good standings with the competition they seem to have a business model that is working for them and may need to emphasis a bit more on advertising and attracting more health conscious people with pamphlets at gyms. The Internally the company looks great with not to much to worry about but externally they must act now before the Wal-Mart starts taking their profits as well as other grocery retailers. One of the Key Success Factors (KSFs) of Whole Foods Markets is that it has a strong brand name because the company is well known reputation and far superior up against its main competitors. When a consumer shops at Whole Foods Market they know they will be getting the best quality possible. Another thing that gives them a competitive advantage, is the strong network of suppliers. This KSF has been a focus of Whole Foods Market to purchase their products grown locally to their stores. Information from wholefoodsmarket. com shows that each store has their own definition of â€Å"local† but the consumer just need to check with their particular store to find out where their quality goods are coming from. Another KSF is the access to locations rich in the target market. Whole Food Market has strived to establish stores in most metropolitan areas attracting more people. The Final KSF has been the company’s effective marketing communication. There are many Key Success factors (KSF) when stacking Whole Foods Market up to the competition. It seeks out the finest natural and organic foods available, maintains the strictest quality standards in the industry, has an unshakeable commitment to sustainable agriculture, and the excitement and fun they bring to shopping for groceries, Whole Foods Market is permanently committed to buying from local farmers whose produce meet quality standards, particularly those who farm organically and are themselves dedicated to environmentally friendly, sustainable agriculture. Whole Foods Market is greatly increasing their efforts in this regard by further empowering their individual store and regional buyers to seek out locally grown produce. From Investor relations Whole Foods Market states â€Å"Our success reaches far beyond the company by contributing to a higher quality of life. By offering the highest quality food available, we are helping to transform the diet of America, helping people live longer, healthier, more pleasurable lives while responding positively to the challenge of environmental sustainability. † In Conclusion, Whole Foods Market is the leader in this niche market of natural/organic foods industry and is facing strong competition from the big superstores such as Wal-Mart, Costco and many other grocery retail chains. The company is in a position to change people lives forever and future generations as well. As many companies are doing now is finding their consumers and keeping those customers for life. Not just what they just spend at the register each time but what they may spend over each person’s life span and if you are eating healthier you will definitely live longer in return spending more money with Whole Foods Market. Works Cited http://www.wholefoodsmarket.com/products/locally-grown/ http://www.wholefoodsmarket.com/values/green-mission.php

Salary and Merit Pay Essay - 1846 Words

e- Compensation Viola Alston Dr. Jamie Brown HRM 520 Information Systems March 11, 2012 1. Assess the advantages and disadvantages of using a Web-based compensation tool verses a client-server based or stand-alone PC based system and then give your opinion on which system would provide the most value to an organization’s stakeholders. Include three (3) facts to support your opinion. After assessing the advantages and disadvantages of using a Web-based compensation tool verses a client-server based, and a stand-alone PC system my results are as followed. In my opinion, a client- server would be the best system to use for an organization; verses the Web-based and†¦show more content†¦Recognizing and rewarding high-performance is a key recommendation for any approach when managing any merit pay program (HRIS 2012). Merit pay is a compensation system where base pay increases and is determined by an individual’s performance. Using a merit pay plan is a good way for an organization to reward high performance is one benefit when using merit pay programs . The first step in implementing or improving a merit pay program is to have a solid performance management program, and this is another way a merit pay program is beneficial. Merit pay is a way to be successful and effectively implement merit pay with a uplift in salaries, and this is a third way using a merit pay program is beneficial to an organization. There are some drawbacks when using merit pay programs, such as paying some employees more than others. If you pay high-performing workers more than low- performing employees, the high- performers may stay, causing the low- performers to complain or leave the organization. A second drawback in using merit pay program is that employees become less motivated if not paid to their satisfaction. For example, if employees feel they should be making more money for their performance, this causes them to have low self esteem, and want to find employment at other organization. The last drawback associated withShow MoreRelatedLeveraging L abor Relations1366 Words   |  6 Pagestowards the company (Hirsch, 2009). In the case of jobs in sales, companies usually provide very small fixed salaries, but increasing levels of commissions based on the sales volume of employees. This is intended to motivate sales people to sell more. In the case of this organization, the compensation practices strategy is very complex. The compensation strategy is a combination of fixed salary, bonuses, and other perks. Such perks are represented by providing employees service cars, paid holidaysRead MoreThe Human Resource Administrative Procedures1595 Words   |  7 Pagesand Garfield (2012) proclaim, the expanded role of human resources is the administration of personnel: the skill of leading and managing people. They also assert, human resource administrators typically focus on the following areas: recruitment, salaries, benefits, certification, and retirement. As a result, the human resource team are people experts (Brimley and Garfield, 2012). â€Å"Notwithstanding the importance of personnel duties, the role is broadened to include improving the ambiance of the professionRead MoreDifference Between Merit And Bonus Pay1663 Words   |  7 PagesAssisting the regional Vice President with the distribution of this yearâ€℠¢s merit and bonus pay is a momentous task that requires conscientiousness and calculated decision making. Consequently, the allotment of money was a challenging task that was determined on the basis of multiple different factors. Equity with respect to current salary relative to the market was a primary concern I looked to address. Performance during the 2014 work year was another factor that was weighted heavily. ContinuedRead MoreMy Organization Style Of An Organization1269 Words   |  6 Pagesstimulated compensation(s), bonuses and merit(s) base outlines to remain competitive. For my current organization, our compensation packages are relatively better than the average compensation within our region when compared with our marketers within my under (salary.com) and (Scdew.gov). While the compensation ranks higher than average, there are a few factors that make up the methods of setting bonuses, compensation(s), and merit(s). 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Reaction to the Film Ghandi Essay - 1433 Words

Reaction to the Film Ghandi The way of truth and love has always won. Tyrants may seem invincible, but in the end they always fall. Mahatma Ghandi The film Ghandi proved to be insightful, educational, and inspirational. The film traces Indias rocky path towards decolonization, led by the Great Spirit Ghandi. Mahatma Ghandi led Indias struggle for independence from the British Empire before 1948. The trials and tribulations of India and her people touch on many social issues. The film depicts cultural changes, which were brought about by the impact of social and political change during British colonization consequential decolonization efforts. The film itself served many lessons of unity and justness, yet the hero himself was a†¦show more content†¦Regardless of all the obstacles he faced, Ghandi never showed signs of being discouraged. He believed in himself, in his people, and in his country. His efforts did not come quickly or easily, yet he never gave up hope. Many people expect change to come quickly, yet when something comes quickly you will probably lose it quickly. Ghandi did not stress when there would be indep endence or how there would be independence, he simply knew that it would come when it was the ripe time. Ghandi possessed humility, a quality that is rare to find in this day and age. His humility made him even more beautiful in the eyes of his admirers. Mahatma said, happiness does not come from things, it comes from pride in what you do. He did not flaunt his possessions or take material possessions for granted. Much to politicians shock, Ghandi did not wear rich fabrics or expensive jewelry. A modest homespun cloth was his daily garment. He voluntarily chose to dress like a coolie. He felt that in order to be like the Indians he was helping and serving, he had to live like them. Ghandi also chose to relinquish the life of fancy dinner parties and socializing, because he felt like a hypocrite. Rather, he favored living at Ashram and visiting his poverty-struck and hunger-ridden countrymen. He felt rather uncomfortable with the praise and fame that surrounded him, and he never took credit for any of the social changes that hadShow MoreRelatedHow Is Britishness Represented in East Is East, This Is England and Enoch Powell’s Rivers of Blood Speech?3663 Words   |  15 Pagesof Britain is threatened by change and diversity; and people who live up to the British ideal feel threatened also. This is how racism is created within a society. Both This is England and east is east portray in different ways the effects and reactions of what happens when people of a different cultural background choose to live out their ethnic cultured lifestyle within Britain, where as this is England focuses on the gang culture fuelled by hate that has been generated by the intrusion of immigrantsRead MoreThe Civil War Of The American South3167 Words   |  13 Pagesblack subjugators, was also featured prominently in D.W. Griffith’s controversial 1915 film Birth of a Nation. In which the main villains, being free’d black slaves now turned soldiers and mulatto characters such as (apparently psychotic) politician Sylas Lynch, each represent a threat of miscegenation in one way or another. While the black soldiers do represent one of the many societal inversions of the film in the powerful position of blacks over whites, they also carry a new threat of future miscegenationRead MoreSummary of Ghandi the Movie6362 Words   |   26 Pagesuntouchables. Movie Essay: Ghandi | Gandhi’s philosophy of non-violence stems from the pacifist views. According to the text, Exploring Religious Meaning, pacifism is one of three distinct positions taken by Christians on war and violence. It consists of absolutely no violence or participation in physical war struggles and brutality. The Oxford Pocket Dictionary defines pacifism as, â€Å"the belief that war and violence are morally unjustified† (565). Throughout the film, it is obvious that GandhiRead More Cultural Activism and Culture Jamming Essay5153 Words   |  21 Pagespower which constricts culture and makes attempts at breaking through those controls. It also means putting the cultural at the service of political goals, this is where the terms activist art or political art, media piracy (radio, print, TV, film, internet publishing), and hactivism all have a common denominator of cultural activism and culture jamming. All these practices contribute to the notion that there must be a place for in dependent modes of communication and that cultural expressionRead MoreStudy Guide9234 Words   |  37 Pagescan anyone achieve this status? How might these questions parallel debates about high culture versus low culture? An icon is someone you look up to; someone that represents the best at what he/she does and is a good role model (i.e. Mother Theresa, Ghandi, Princess Diana). A celebrity is just someone who is in the media a lot. There are more celebrities than icons. While people may gain celebrity status as a result of a successful career in a particular field (primarily in the areas pertaining towards

The United Nations and Human Rights Has the United...

I. Introduction The supporting and advocating on behalf of human rights has been one of the primary principles of the United Nations. Since its founding in 1945, the United Nations has worked to preserve the basic human rights and fundamental freedoms it believes to be deserved of by every man, woman, and child on the planet. Throughout the near seventy years of the United Nations’ existence, it has been challenged with an array of questions, events, and claims regarding the possible violation of human rights. In order to combat these claims, the body has established two organizations to deal with matters of human rights. The first being the Commission Human Rights, was the original organization, founded in 1946. The Commission existed†¦show more content†¦This, in turn, helps to advance the freedoms of all persons, generating improvements in the overall quality of life that each person may receive as a result from having these international rights and freedoms. In order for a complete analysis, the structure of the United Nations itself will be analyzed. In addition to this, the protocol for the intervention of the United Nations on behalf of human rights will be investigated, as will a series of issues regarding human rights violations in China and Burma (now Myanmar), and whether or not the United Nations, if involved, was able to support and advocate for human rights. II. A Summary and Description of the United Nations Purpose, Functions, and Structure of the United Nations Before we are able to determine the success or failure of the United Nations in its determination to advocate and support human rights on an international scale, it is imperative that we come to an understanding of the purpose, functions, and structure of the United Nations. Founded in 1945, the function and principles of the United Nations are determined in the United Nations Charter which was ratified on 24 October of the same year. One of the primary principles of the United Nations, as outlined in Article 1 of the United Nations Charter is: â€Å"†¦To achieve internationalShow MoreRelatedFighting Terrorism without Infringing on Human Rights Essay826 Words   |  4 Pageswithout infringing upon human rights. Prominent advocate for this assumption is obviously Mary Robinson, UN High Commissioner for Human Rights, who urged states to â€Å"adhere to their international obligations to uphold human rights and fundamental freedoms when conducting counterterrorism†. This has become a key component of UN-endorsed Global Counterterrorism strategy. Another key leader, supporter of this assumption former US President Jimmy Carter in his remarks on Human Rights Defenders conferenceRead MoreNato s Justification Of The Security Council2815 Words   |  12 PagesMilosevic regime to accept NATO’s demands regarding the future political status of Kosovo (Wippman 2001: 129). NATO’s decision to intervene in Kosovo without the authorization of the Security Council raised doubts in the international arena among human rights activists about the legitimacy of the operation. This essay will argue that NATO’s intervention in Kosovo was legitimate because it was both legal and just. In so doing, this essay will start by carefully reading the U.N. Charter provisions thatRead MoreThomas Jefferson Hypocrisy Essay1621 Words   |  7 Pagesconversations regarding political leanings, the name Thomas Jefferson has definitely made an appearance in some aspect. This may be in terms of memorizing each president and their legacy or analyzing how the actions he made in office changed today’s society as whole. 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Anthony1724 Words   |  7 Pagesbaying the moon as petitioners without the right to vote!† These were the famous words of a key leader in the women’s Suffrage Movement, Susan B. Anthony. In the past, the rights guaranteed to men were not applied to women, and therefore caused great injustice. It wasn’t until the mid-1800s that women started to take a stand and fight for their voting rights. As a result, these actions caused a positive impact in our country and now, women have equal rights as men, as it should. There are some thatRead MoreThe Syrian Civil War2000 Words   |  8 Pages(including Alawites), and 10% are Christians. The diversity that exists in Syria allows al-Assad to promote the ideology of the Arab nationalist Baath party. Antigovernment movements broke out in early 2011 with the Arab Spring. The Syrian government has used brute force, even illegal chemical weapons, to suppress protests. 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How Does Equity Fulfil the Common Law Free Essays

How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law, although it does not endeavour to displace it with a moral code. In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair. Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly. We will write a custom essay sample on How Does Equity Fulfil the Common Law or any similar topic only for you Order Now Equity is an essence of principles, doctrines, and rules advanced initially by the Court of Chancery in positive competition with the rules, doctrines and principles of the Common Law Courts. The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ‘fused. On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ‘they are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them. ’ For a long time, the two structures of common law and equity ran uncomfortably side by side. Until 1615 it was by no means established which one was to prevail in the event of a dispute. Yet, even after that year the inconsistency between the two systems continued for a very long time. After the restructuring of the English court system in 1865, it was decided that in the event of a conflict between the common law and equitable principles, equity must prevail. The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity. Accordingly the court ‘is now not a Court of Law or a Court of Equity, it is a Court of Complete Jurisdiction. ’ The area of law recognized as Equity developed in England and Wales in the Middle Ages in situations where the ordinary common law had failed to afford suitable redress. Many legal actions, for example, originated by the issue of a writ but the slightest inaccuracy on the writ would invalidate the entire action. Another inadequacy in the ordinary common law involved the fact that the only remedy was damages; that is, compensation, therefore, the court orders did not exist to require people to do something or to desist from some conduct, for example, sell as piece of land according to an agreement made or stop using a particular title. Dissatisfied litigants frequently preferred to petition the King for him to mediate in a specific case, the courts were, in any case, the King’s courts. These petitions’ for justice were dealt with by the King’s Chancellor who determined each case according to his own discretion. Over the years, the decisions made by Lord Chancellor became known as the rules of equity, derived from the Latin meaning levelling. These new-found rules came to be applied in a special court, the Chancellor’s Court, which became identified as the Court of Chancery. Equity began to appear as an apparent set of principles, rather than a personal jurisdiction of the Chancellor, during the Chancellorship of Lord Nottingham in 1673. By the end of Lord Eldon’s Chancellorship in 1827 equity was recognized as a precise jurisdiction. Nevertheless the development of a parallel but distinct system of dispute resolution was certainly bound to generate a conflict. An individual wronged by a failure of the common law to remedy a gross injustice would apply to the court of equity. The Chancellor, if the case accepted it, would approve of a remedy preventing the common law court from imposing its order. The catharsis transpired in the Earl of Oxford’s Case, where the court of common law ordered the payment of a debt. The debt had previously been paid, but the deed giving affect to the requirement had not been cancelled. The court of equity was prepared to grant an order preventing this and resolving the deed. The collision was in due course resolved in favour of equity; where there is an inconsistency, equity prevails. This rule is now preserved in the Supreme Court Act 1981, s 49. The history of equity is regarded by its constant ebb and flow between compatibility and competition with the common law. More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust. There is an effort, then again, to validate these new developments, which are all illustrations of judicial inspiration, by precedent. As Bagnall J said in Cowcher vCowcher: ‘this does not mean that equity is past childbearing; simply that its progeny must be legitimate- by precedent out of principle. It is well that this should be so; otherwise no lawyer could safely advise on his client’s title and every quarrel would lead to a law-suit. ’ In all probability the single most significant feature of equity is the trust. If title to any property is vested in a person as trustee for another, equity not only restrains the trustee from denying his trust and setting himself up as absolute owner, but impresses on the trustee positive duties of good faith towards the other person. Although one of the original development of equity, the protection granted to equitable owners behind a trust has developed considerably over the last 50 years. Remedies represent some interesting illustrations of the difference between law and equity; a difference which arose as; ‘an accident of history,’ according to Lord Nicholls in A-G v Blake. Ordinarily legal rights and remedies remain separate from equitable ones. Some similarities do, nevertheless, occur. For illustration, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims. In A-G v Blake, the House of Lords authorized the equitable remedy of account of profits for an assertion for violation of contract where the common law remedy of damages would have been insufficient. The equitable remedy of account of profits is usually accessible where there is a fiduciary relationship but the House of Lords endorsed its request otherwise in exceptional cases where it was the operative way to remedy a wrong. By distinction, in Seager v Copydex, proceedings were brought for breach of confidence in regard for confidential information exposed by the defendants about a carpet grip. Such a claim is equitable and normally the equitable remedies of injunction and account are obtainable. On the other hand, an injunction would have been unsuccessful and he judges awarded damages. It would appear, consequently that a common law remedy is available for an equitable claim for breach of confidence. The new model constructive trust resulted in the main due to the resourceful activity of Lord Denning MR. In Hussey v Palmer, Lord Denning explained the constructive trust as one ‘imposed by the law wherever justice and good conscience require it. Cases such as Eves v Eves, where the woman was awarded an equitable interest in the property signifying her involvement in terms of heavy work, and Cooke v Head, a comparable case, regard this progress further. On the other hand, it might be that this progression has come to a standstill since the retirement of Lord Denning. A number of modern cases, including Lloyds Bank v Rosset, have re-established former ideology in this s phere relating to the survival of a common intention that an equitable interest should occur, and the existence of a direct financial contribution. These ethics are more analogous to those relating to the formation of a resulting trust. The new model constructive trust has been for the most part thriving in the field of licences. At common law, a contractual licence was controlled by the doctrine of privity of contract, and failed to present protection against a third party. Equitable remedies have been made accessible to avoid a licensor violating a contractual licence and to permit a licence to bind third parties. It has been acknowledged that certain licences may produce an equitable proprietary interest by means of a constructive trust or proprietary estoppel. In Binions v Evans, it was decided by Lord Denning that purchasers were compelled by a contractual licence between the former owners and Mrs Evans, an occupant. A constructive trust was imposed in her preference as the purchasers had bought specifically subject to Mrs Evans’ interest and had, for those grounds, paid a reduced price. Also in RE Sharpe, a constructive trust was imposed on a trustee in bankruptcy regarding an interest obtained by an aunt who lent money to her nephew for a house purchase on the arrangement that she could live there for the rest of her life. The volatility of these progressing fields is once more shown in recent case law which seems to hold back from an advancement which may have pushed the boundaries too far. Obiter dicta from the Court of Appeal in Ashburn Anstalt v W JArnold Co, accepted in Habermann v Koehler, propose that a licence will only give effect to a constructive trust where the conscience of a third party is influenced: it will be imposed where their behaviour so deserves. Judicial resourcefulness in equitable disciplines is therefore made subject to refinements by judges in later cases. Proprietary estoppel is an additional illustration of an equitable doctrine which has seen momentous progression in the interest in justice ever since its formation in the leading case of Dillwyn v Llewelyn. The dogma is established on encouragement and acquiescence whereby equity was equipped to arbitrate and adjust the rights of the parties. Its relevance has been further improved by the Court of Appeal in Gillet vHolt, where a wider line of attack to the doctrine was taken that depended, eventually, on the unconscionability of the act. Once more, it is an advancement which is outside of the organization of property rights and their registration recognized by Parliament. Cases such as Jennings v Rice show that the principle of proprietary estoppel and the protection of licences by estoppel continue to be a successful means used by the judges for the protection of licences and equitable rights. The extent to which the right welcomes protection is adaptable owing to the conditions of the particular case. For example, in Matharu v Matharu, the licence did not bestow a beneficial interest but presented to the respondent a right to live in the house for the rest of her life. A different prevailing progression in equity has resulted from the decision of the House of Lords in Barclays Bank plc v O’Brien. The case has proclaimed the re-emergence in a broad sense of the equitable doctrine of notice. They present that, where there is undue influence over a co-mortgagor or surety, this may provide augmentation to a right to prevent the transaction. This right to avoid the transaction amounts to an equity of which the mortgagee may be considered to have constructive notice. This revivification of the equitable doctrine of notice in a contemporary situation reveals evidently the flexibility of equity. A number of cases pursued this pronouncement. In Royal Bank of Scotland v Etridge, the House of Lords laid down common procedures for the application of the doctrine of notice in this situation. In summary equity fulfils the common law, although it does not endeavour to displace it with a moral code. There have been setbacks and refinements, over the last 50 years, in the progress of new doctrines relating to the trust. How to cite How Does Equity Fulfil the Common Law, Papers

Comparison Between Policies in Infection Control- myassignmenthelp

Question: Write about theComparison Between Policies in Infection Control. Answer: Introduction: One of the major health care concerns all over the globe has been the infection control for quite a few decades and the severity of the situation has been only increasing. According to the most of the studies one of the major contributing factors to the extended stay in the health care facilities for the patients is the hospital acquired infection and the rate of mortality resulting from the complications that arose due to the infections has also been increasing. Hence the infection control has become one of the most important health care priorities of this decade (Tecchio et al. 2013). There are a number of different policies that have been introduced in order to minimize the rate of patients succumbing to hospital acquired infections. Although, not all the policies are equally effective in actively removing the possibility of the patients being infected while in the hospital facility under the care of the health care professionals (Simi et al. 2013). This report will compare and contrast two infection control policies and attempt to arrive at the verdict at the efficacy and potential of the said policy. The policies selected for this assignment are the hand hygiene policy and the protective isolation policy. Hand hygiene policy: The first policy selected in this assignment focused on infection control is the most common and the most frequently used policies all over the world, the hand hygiene policy. According to most of the research that has been focused on hospital acquired infection and its prevention and management, the hand borne microorganism is considered to be the biggest contributing factor leading to the infection. In order to minimize the risk of spreading infection within the healthcare environment, the hand hygiene policy has been introduced all over the globe with a few set of instructions to have the health care professionals, visitors or the patient families can understand the course of action to follow in order to maintain complete hand hygiene. This particular policy outlines all the specific hand hygiene practices and protocol required to minimize the risk of patients, visitors and healthcare staff acquiring healthcare facility associated infection (Simi and Osram Sylvania 2013). One of t he most highlighted elements in the hand hygiene policy is the simple and easy set of 5 activities that can help the healthcare professionals and other stakeholders associated with the situation to acquire hand hygiene in just 5 minutes is the five moments of hand hygiene. This is the element that makes the hand hygiene policy easy, attainable and extremely time saving for the healthcare professionals. This policy directive outlines all the health care staff belonging to the public health organizations to perform hand hygiene before and after encountering with the patient each time without fail. This policy also includes alcohol based hand rubs to be a mandatory part of the hand hygiene policy hence it must be supplied to all the health care staff, patients and visitors at all times (Jang et al. 2010). Taking the Australian context into consideration the hand hygiene policy is the extension of the national hand hygiene program coordinated by the Clinical Excellence Commission on the behalf of NSW department of health. According to the directives of hand hygiene policy, the mandatory requirement standards and protocols for this policy is to be maintained by all the healthcare staff belonging to any Public Health organization at all times, the health services group will audit and monitor the hand hygiene compliance in the different healthcare facilities at all provinces to ensure that all the staff are complying with the hand hygiene policy efficiently. The hand hygiene policy directive also explains to the health care staff when to perform hand hygiene in the context of caring for patients (Lau et aL. 2012). According to the steps of the five moments of hand hygiene, the moment one of performing hand hygiene is before touching the patient or the surroundings of the patient. Second moment under the scheme is before performing any antiseptic procedure for the patient, 3rd movement of hand hygiene is after a body fluid exposure risk associated with the patient. The fourth movement of hand hygiene is after touching the patient or leaving the surroundings of the patient. And the last moment is after touching any of the patient's surroundings before leaving the surroundings of the patient for good. Along with that hand hygiene policy also mandates that the staff must perform hand hygiene after going to the toilet, after sneezing coughing in two hands after having any contaminated material or instrument, after handling any kind of waste, and before and after handling the food or intravenous material of the patient. Along with alcohol hand rubs antiseptic washes and Vibes are also included within the hand hygiene policy and must be supplied to all the health care staff unequivocally and abundantly (Talaat et al. 2011). Therefore the hand hygiene policy takes into consideration not only the hygiene and safety of the patients but also pays attention to the health and wellbeing of the staff, visitors and others in order to avoid the spread of hospital acquired infections and minimize the rate of the same within the Healthcare statistics. Protective isolation policy: While complying with the hand hygiene policy is enough for normal patients, for those who are critically ill or are immunocompromised hand hygiene policy will not suffice in ensuring maximum infection control within the healthcare facility or environment. It has to be understood that critical illnesses that diminish the immunological strength or innate immunity of the patients a simple hand hygiene policy involving alcohol rubs and antiseptic washes is more or less insignificant or ineffective in ascertaining absolute avoidance of any infection causing microorganisms (McLaws et al. 2009). For the same another policy has been included within the infection control regime that helps protecting the immunocompromised patients in to succumbing to further complications associated with chronic infections. The protective isolation policy is one such policy that comprises of a range of practices used in hospitals and healthcare facilities to protect the immune compromised patients or patients with extremely weak immunity from gaining infection or further complication in infections. This policy is the extension of the NHS and complies with the professional and ethical guidelines of the Nursing and Midwifery Council. Defining in simple terms, protective isolation is also called reverse barrier nursing fat the patient with extremely high risk of infection is physically separated from the common microflora carried by the health care staff and others. The patients for whom protective isolation protocol is followed are generally the ones suffering from immunological disorders, infections, congenital immune deficiency syndrome, HIV or the patients who are neutropenic or have had immunosuppressive therapy for their medical complications (Dunkley and McLeod 2015). The Healthcare facilities that come under the protective isolation package include a single side room along with a wash basin and attached toilet for the sole use of the patient. The residence facilities like the washroom, the room itself and the equipments and instruments that are used by the patient must be deep cleaned before the patient is moved into the room under the protocols are protective isolation policy. Along with that to resist or reduce the risk of air Borne infections the door to the single room must be closed effectively at all times except for medical treatment related purposes. Under the director of this policy inside the single room of immunocompromised patients the equipments that are mandatory include hand soap, hibiscrub, and paper towels, personal watch bowls and dine map, alcohol handgel and non clinical waistband which frequently (Grayson et al. 2011). The policy directive also restricts electric fans to be used inside the room for the immunocompromised patie nts. The list of equipments that that this policy allows to be present inside the room is protective isolation sign to aware the Healthcare professional about the immunocompromised situation of the patient, disposable plastic aprons and gloves, and patient information charts. Patient education and consent is a very important part of this policy and as anxiety and confusion can be associated with the extra protection that the patient needs psychological support and reinsurance is also a necessity for immunocompromised patients within a Healthcare facility. Last it must be mentioned that this policy utilizes masks apron sandglass utilized at all times when encountering a patient and the oral and personal hygiene of the patient is given adequate attention is well (Biagioli et al. 2016). Similarities and differences: Both Policies, hand hygiene and protective isolation are similar in a lot of contexts. Both policies are meant to avoid and restrict patients acquiring hospital associated infections, however the magnitude of the both policies and not similar. Hand hygiene policy is an overall protocol to protect the patients the Healthcare staff and the visitors from gaining any contamination agent present within the healthcare facility and in contact with the patients. The scope of hand hygiene policy is also wider and much simpler than the protective isolation policy. The latter however includes protocols and procedure for patients who are at extremely high risk of contamination and suffer from highly deficient immunological system. Hence the magnitude and scope of this policy is much more specific, precise and incorporate much more elements than the hand hygiene policy can encompass (Erasmus et al. 2010). One of the most significant differences between hand hygiene policy and protective isolation policy is that hand hygiene policy only takes into consideration the hand borne microflora, whereas, the protective isolation policy encompasses hand borne, air borne and all other means of contamination and protect the patients from any exposure of the microorganism that we carry. It also must be considered that protective isolation policy is meant for patients who are immunocompromised and the excessive complications and exhaustive activities that these patients require are not needed by normal patients with perfectly functional immunity. Hence, protective isolation can be considered as more of a sector appropriate infection control policy whereas hand hygiene policy can be and should be implemented in all the sectors involving any kind of patients with the diverse range of healthcare complexities (Annibali et al. 2017). Discussion: As mentioned above, hand hygiene policy is more of a global standard that is followed across all healthcare divisions for all kinds of patients in order to protect them from any hospital acquired infections. These policies comprise of simple instructions to follow that are time saving and also cost effective so that it can be supplied in abundance to the entire staff of healthcare facilities. On the other hand, the protective isolation policy is meant for specific patients with weaker or dysfunctional immunity power, hence the policy incorporates practices and equipments that are much more expensive and takes a lot more time to complete (Mayhall 2012). Hence it can be considered that protective isolation policy is undoubtedly much more effective, efficient, and highly functional in protecting the patients from all types of contaminations and has the potential to reduce the rate of hospital acquired infections drastically, the time and monetary resources that it will demand will make compliance with this particular policy in a broader and largest scale, obsolete. Hand hygiene policy on the other hand is cheap, easy and can be incorporated with much more ease into broader scales of the healthcare sector. That is the reason many authors have discussed hand hygiene policy to be a necessity in the healthcare sector while protective isolation still remains a luxury that the Healthcare facilities can only extend to patients who are in dire need of it (Mayhall 2012). Conclusion: On a concluding note, it can be said that both policies have extreme importance within the context of healthcare services and each serves a purpose that is extremely essential for the safety and well being of both the patients and the health care staff. Whereas, protective isolation is diverse, incorporating much more specific and precise detail into protecting the patients from all kinds of contamination, the time, cost and complication of this protocol also needs to be taken into consideration. The activities that a regular healthcare professionals needs to perform in order to provide protective isolation to all patients within hospitals will be too expensive, time consuming and complicated for a single Healthcare professionals to achieve multiple numbers of times in a single day for patients who do not even need that magnitude of protection. That is why hand hygiene policy is implemented all across the healthcare sector all over the globe where as protective isolation is only impl emented in nations that can afford it. Therefore there is need for improvisations to the hand hygiene policy so that all the Healthcare sector can take advantage of a bit more precise and detailed infection control protocol like reverse barrier technique in order to decrease the rate of hospital acquired infection in the coming years. References: Abad, C., Fearday, A. and Safdar, N., 2010. Adverse effects of isolation in hospitalised patients: a systematic review.Journal of Hospital Infection,76(2), pp.97-102. Annibali, O., Pensieri, C., Tomarchio, V., Biagioli, V., Pennacchini, M., Tendas, A., Tambone, V. and Tirindelli, M.C., 2017. Protective Isolation for Patients with Haematological Malignancies: A Pilot Study Investigating Patients Distress and Use of Time.International Journal of Hematology-Oncology and Stem Cell Research. Biagioli, V., Piredda, M., Mauroni, M.R., Alvaro, R. and De Marinis, M.G., 2016. The lived experience of patients in protective isolation during their hospital stay for allogeneic haematopoietic stem cell transplantation.European Journal of Oncology Nursing,24, pp.79-86. Dunkley, S. and McLeod, A., 2015. Neutropenic sepsis: assessment, pathophysiology and nursing care.British Journal of Neuroscience Nursing,11(2). Erasmus, V., Daha, T.J., Brug, H., Richardus, J.H., Behrendt, M.D., Vos, M.C. and van Beeck, E.F., 2010. Systematic review of studies on compliance with hand hygiene guidelines in hospital care.Infection Control Hospital Epidemiology,31(3), pp.283-294. Grayson, M.L., Russo, P.L., Cruickshank, M., Bear, J.L., Gee, C.A., Hughes, C.F., Johnson, P.D., McCann, R., McMillan, A.J., Mitchell, B.G. and Selvey, C.E., 2011. Outcomes from the first 2 years of the Australian National Hand Hygiene Initiative.The Medical Journal of Australia,195(10), pp.615-619. Grayson, M.L., Russo, P.L., Cruickshank, M., Bear, J.L., Gee, C.A., Hughes, C.F., Johnson, P.D., McCann, R., McMillan, A.J., Mitchell, B.G. and Selvey, C.E., 2011. Outcomes from the first 2 years of the Australian National Hand Hygiene Initiative.The Medical Journal of Australia,195(10), pp.615-619. Holt, L., Freeman, R., Gould, K., McGregor, C.G.A. and Dark, J., 1989. Is reverse barrier nursing necessary for the cardiopulmonary transplant patient?.J Heart Transplant,8, p.84. Jang, T.H., Wu, S., Kirzner, D., Moore, C., Youssef, G., Tong, A., Lourenco, J., Stewart, R.B., McCreight, L.J., Green, K. and McGeer, A., 2010. Focus group study of hand hygiene practice among healthcare workers in a teaching hospital in Toronto, Canada.Infection Control Hospital Epidemiology,31(2), pp.144-150. Lau, C.H., Springston, E.E., Sohn, M.W., Mason, I., Gadola, E., Damitz, M. and Gupta, R.S., 2012. Hand hygiene instruction decreases illness-related absenteeism in elementary schools: a prospective cohort study.BMC pediatrics,12(1), p.52. Mayhall, C.G., 2012.Hospital epidemiology and infection control. Lippincott Williams Wilkins. McLaws, M.L., Pantle, A.C., Fitzpatrick, K.R. and Hughes, C.F., 2009. Improvements in hand hygiene across New South Wales public hospitals: clean hands save lives, part III.The Medical Journal of Australia,191(8), p.18. Simi, V.M., Osram Sylvania Inc., 2013.Ballast circuit for LED-based lamp including power factor correction with protective isolation. U.S. Patent 8,384,295. Simi, V.M., Woo, T.S. and Phasay, K.N., Osram Sylvania Inc., 2013.Driver circuit for dimmable solid state light sources with filtering and protective isolation. U.S. Patent Application 14/088,336. Talaat, M., Afifi, S., Dueger, E., El-Ashry, N., Marfin, A., Kandeel, A., Mohareb, E. and El-Sayed, N., 2011. Effects of hand hygiene campaigns on incidence of laboratory-confirmed influenza and absenteeism in schoolchildren, Cairo, Egypt.Emerging infectious diseases,17(4), p.619. Tecchio, C., Bonetto, C., Bertani, M., Cristofalo, D., Lasalvia, A., Nichele, I., Bonani, A., Andreini, A., Benedetti, F., Ruggeri, M. and Pizzolo, G., 2013. Predictors of anxiety and depression in hematopoietic stem cell transplant patients during protective isolation.Psycho?Oncology,22(8), pp.1790-1797.