Write a legal review covering proper human resources concerns as well as legal doctrine covering the attached fact pattern.
Read Carkhuff Chapters 8 and 9, Crabb chapters 7 and 9, Hebbard chapters 7 and 8.
Answer the reading questions and prepare the video summaries.
Carkhuff Chapter 8
Define Personalizing
Discuss an Interchangeable Base and the statement “You fell _____ because you/you cannot _____”
Discuss personalizing meaning through Assumptions, Implications and Experiences
Discuss “change is possible when helpers take responsibility for acting on false assumptions.”
Discuss the role of mild confrontation.
Discuss 3 steps Carkhuff lists for personalizing problems.
Discuss the statement “You feel ______ because you cannot _______ and you want to _________.”
Discuss KSA Deficits and KSA Assets
Carkhuff Chapter 9
Discuss the importance of Initiating Action in the helping process.
Describe defining goals.
Describe developing a program.
Describe developing a schedule.
Describe developing reinforcements.
Describe preparing to implement steps.
Crabb Chapter 7
Discuss Crabbs 3 categories of obstacles.
Discuss 3 forms of frustration.
Crabb Chapter 9
Discuss Crabbs view of using confrontation only in counseling.
Describe the 7 stages of Crabbs model of counseling.
Discuss the Early Recollection Technique
Hebbard Chapter 7
Describe Transitional Density related to church exhaustion.
Discuss 4 prescriptions for dealing with exhaustion and churches.
Hebbard Chapter 8
Why do churches not seek help?
Why do churches fall into the trap of thinking they have all knowledge?
How do churches get addicted to the internal conflict?
What is a “cutoff congregation?”
Why is it easier for churches to rush quickly into replacing a minister rather than dealing with core issues?
Assignment Four
Read Carkhuff Chapters 8 and 9, Crabb chapters 7 and 9, Hebbard chapters 7 and 8.
Answer the reading questions and prepare the video summaries.
Carkhuff Chapter 8
Define Personalizing
Discuss an Interchangeable Base and the statement “You fell _____ because you/you cannot _____”
Discuss personalizing meaning through Assumptions, Implications and Experiences
Discuss “change is possible when helpers take responsibility for acting on false assumptions.”
Discuss the role of mild confrontation.
Discuss 3 steps Carkhuff lists for personalizing problems.
Discuss the statement “You feel ______ because you cannot _______ and you want to _________.”
Discuss KSA Deficits and KSA Assets
Carkhuff Chapter 9
Discuss the importance of Initiating Action in the helping process.
Describe defining goals.
Describe developing a program.
Describe developing a schedule.
Describe developing reinforcements.
Describe preparing to implement steps.
Crabb Chapter 7
Discuss Crabbs 3 categories of obstacles.
Discuss 3 forms of frustration.
Crabb Chapter 9
Discuss Crabbs view of using confrontation only in counseling.
Describe the 7 stages of Crabbs model of counseling.
Discuss the Early Recollection Technique
Hebbard Chapter 7
Describe Transitional Density related to church exhaustion.
Discuss 4 prescriptions for dealing with exhaustion and churches.
Hebbard Chapter 8
Why do churches not seek help?
Why do churches fall into the trap of thinking they have all knowledge?
How do churches get addicted to the internal conflict?
What is a “cutoff congregation?”
Why is it easier for churches to rush quickly into replacing a minister rather than dealing with core issues?
Watch both YouTube videos below and add the questions t the paper very detailed.
Extremely detailed answers with no plagiarism. Add all questions from the instructions to the paper. Add all questions that are asked an or written from the YouTube videos.
Assignment Four
Read Carkhuff Chapters 8 and 9, Crabb chapters 7 and 9, Hebbard chapters 7 and 8.
Answer the reading questions and prepare the video summaries.
Carkhuff Chapter 8
Define Personalizing
Discuss an Interchangeable Base and the statement “You fell _____ because you/you cannot _____”
Discuss personalizing meaning through Assumptions, Implications and Experiences
Discuss “change is possible when helpers take responsibility for acting on false assumptions.”
Discuss the role of mild confrontation.
Discuss 3 steps Carkhuff lists for personalizing problems.
Discuss the statement “You feel ______ because you cannot _______ and you want to _________.”
Discuss KSA Deficits and KSA Assets
Carkhuff Chapter 9
Discuss the importance of Initiating Action in the helping process.
Describe defining goals.
Describe developing a program.
Describe developing a schedule.
Describe developing reinforcements.
Describe preparing to implement steps.
Crabb Chapter 7
Discuss Crabbs 3 categories of obstacles.
Discuss 3 forms of frustration.
Crabb Chapter 9
Discuss Crabbs view of using confrontation only in counseling.
Describe the 7 stages of Crabbs model of counseling.
Discuss the Early Recollection Technique
Hebbard Chapter 7
Describe Transitional Density related to church exhaustion.
Discuss 4 prescriptions for dealing with exhaustion and churches.
Hebbard Chapter 8
Why do churches not seek help?
Why do churches fall into the trap of thinking they have all knowledge?
How do churches get addicted to the internal conflict?
What is a “cutoff congregation?”
Why is it easier for churches to rush quickly into replacing a minister rather than dealing with core issues?
WRITING EXERCISE INSTRUCTIONS
The Office of Equity and Inclusion has collected the evidence below in the Complainant D v. Respondent O employment discrimination case. Using the information provided in the Investigative Summary, make a determination on whether there is cause or no cause to believe Respondent O violated the law. Be sure to use the appropriate prima facie elements for gender discrimination and retaliation when making your determination. Please discuss your findings utilizing a legal memorandum format.
SUBJECT: Complainant D v Respondent O
ALLEGATION/ BASIS: Gender & Retaliation
INVESTIGATIVE SUMMARY
Statement of Claim(s) and Issues to be investigated: Complainant D alleged she was harassed based on her gender and then retaliated against by her employment being terminated. Respondent is a towing company.
Complainant D’s Allegations
.
Complainant D (female) was a Dispatcher for Respondent O beginning June 2020. In December 2020, Complainant D alleged she was sexually harassed by John Connor (male), Manager. Mr. Connor made sexual remarks about Complainant D’s buttocks in person and via text message. Complainant D rejected Mr. Connor’s advances, as she did not want any issues in the workplace. On January 8, 2021, Robert Patrick (male), Owner, terminated Complainant D’s employment due to sexual harassment. Owner Patrick stated that Complainant D sexually harassed Manager Connor by banging on the bathroom door while Mr. Connor was in the shower and asking him if he needed help. Complainant D attempted to explain to Owner Patrick that this was untrue and that she was harassed by Mr. Connor, but Owner Patrick refused to look at her text messages or review surveillance camera footage. Complainant D believes she was terminated in retaliation for rejecting Mr. Connor’s advances.
Respondent O’s Position Statement
Complainant D was terminated on January 8, 2021, by Owner Patrick, due to repeated failure to arrive to work on time. Respondent O provided a list of dates in November, December, and January in which Complainant D was late to work. During her exit interview, Complainant D was questioned about alleged interactions with Mr. Connor. Complainant D’s version of events differed from the information given to the management team. Complainant D was questioned regarding why she didn’t report her version of events and said she didn’t want to cause any trouble. Respondent O never asked Complainant D and Mr. Connor to contact one another during the course of business. Respondent O was unsure what sparked the text messages and conversations between the two of them. Respondent O asserted Complainant D left the premises under the mistaken assumption that she was being terminated due to an allegation of sexual harassment. According to Respondent O, no other employees have complained about Mr. Connor. Mr. Connor operates a mobile repair service and uses Respondent O’s facility to repair vehicles for customers other than Respondent O. Respondent O is Mr. Connor’s customer since they exchange their access to resources for priority with repairs to their trucks.[1]
Respondent O provided copies of multiple Notice of Warnings issued to Complainant D. One Notice of Warning describes an incident on November 11, 2020, when Complainant D released a vehicle from impound using the incorrect date of release. Respondent O wrote that Complainant D must pay more attention to detail when processing paperwork, failure to do so may result in more consequences which may include termination. Complainant D signed this notice. Another Notice of Warning, described an incident on November 17, 2020, in which Complainant D arrived late and wrote the incorrect time on her timesheet. In December 2020, Complainant D was late on five occasions. Respondent O told Complainant D that she needs to inform a manager at least one hour before start time if she is not coming on time. Another Notice of Warning described an incident on December 31, 2020, in which Complainant D was disciplined for failing to inform a driver that they were to collect an overage fee of $86.31. Complainant D was instructed to read all notes and take proper records of overages. An additional Notice of Warning, detailed that on January 4, 2021, Complainant D was late for her shift. The form states that Complainant D had previously received multiple notices of warning and was now being terminated for failure to meet expectations.
Respondent O provided a list of employees who were terminated. Two male drivers were terminated in 2020 for failure to report for scheduled shifts. No other employee had engaged in similar conduct to which Complainant D was terminated. At the time of writing the position statement, Complainant D had not been replaced.
Complainant D’s Interview
Complainant D provided copies of text messages between herself and Mr. Connor, from December 18, 2020. Complainant D asked Mr. Connor to get her something to drink and he responded “great now all I can think about is rubbing that ass and licking them thighs”. Complainant D responded “oh my lol you better stop” with a crying laughing emoji. Mr. Connor then responded, “we all know what stop means look forward to seeing you this weekend”. A few hours later, Mr. Connor sent another message saying “yea you need me now. Not joking”. Complainant D responded, “you know I cant do that. I work up there and I don’t wanna mix work with pleasure”. The message thread then starts again on December 25, 2020, when Mr. Connor wished Complainant D a Merry Christmas.
Complainant D acknowledged that she was late for work by three to four minutes. Earlier in Complainant D’s employment, she was told by Bill Homer (male), Manager, that if she was late less than ten minutes do not call him. Complainant D verified this with Mr. Patrick and he said ok. To Complainant D’s knowledge, Respondent O had no attendance policy. Complainant D denied being responsible for the incorrect date of release for a vehicle.
Complainant D reiterated that during her termination she was told of Mr. Connor’s allegations of harassment and was not allowed the opportunity to report Mr. Connor’s harassment towards her. There was no mention of absenteeism or tardiness during Complainant D’s termination. Complainant D had to communicate with Mr. Connor as Mr. Patrick would tell her to call Mr. Connor off of her personal cell phone. Mr. Connor’s sexual comments toward Complainant D began in December 2020. This included asking her to come to his home to ride ATVs and “have a good time”. Mr. Connor mentioned that he was married, but that they “do their own thing”. In one incident, Mr. Connor asked Complainant D if she was lactating and if she wanted him to lick spilled coffee off of her body. He also made comments about Complainant D being cute and her buttocks. Complainant D stated she did not report the treatment from Mr. Connor as she did not want to cause issues in the workplace.
Complainant D was aware of another female employee who received similar treatment from Mr. Connor, as they both discussed Mr. Connor’s behavior at work. During an interview, the employee denied being aware of Complainant D’s alleged harassment and they denied being harassed by Mr. Connor. No other witnesses were provided.
Respondent O’s Additional Information & Interviews
During an interview, Mr. Connor denied claims that he was Respondent O’s employee. Mr. Connor stated he owns his own repair company, which services Respondent O’s vehicles when needs arise. Mr. Connor uses his own tools and service truck when completing service. Mr. Connor stated that he and Complainant D were single and they corresponded via phone. Mr. Connor asserted they flirted with each other and Complainant D never said she was uncomfortable with their interactions. Mr. Connor could not recall making comments about Complainant D’s buttocks. Mr. Connor denied claims that he invited Complainant D to his home. Mr. Connor recalled telling Mr. Patrick about Complainant D making comments about him being in the shower, but the comments did not make him uncomfortable. Mr. Connor denied flirting with any other female employee.
Respondent O provided a copy of an invoice from Mr. Connor’s repair company, dated September 28, 2020, which lists Mr. Connor’s contact information. This is also the same phone number that was used in the text messages Complainant D provided to the investigator.
During an interview, Mr. Patrick reiterated that Complainant D was terminated due to attendance issues. After she was informed of the termination, Complainant D reported alleged harassment while cursing and threatening to sue Respondent O. Mr. Patrick told Complainant D he was willing to listen and address her reports, but she continued cursing and then left the premises before providing any examples of how she was harassed.
During an interview with Mr. Homer, he was unsure if he told Complainant D not to notify Respondent O if she was going to be less than ten minutes late. Mr. Homer recalled counseling Complainant D that she should leave home earlier since she was late to work. He also told her that she needed to be forthright and document that she was late on her timesheet, otherwise, she was defrauding the company. Mr. Homer also stated that Respondent O wanted to terminate Complainant D before Christmas, but decided to terminate her later due to the holidays.
Respondent O provided a copy of their Attendance Policy and stated that it was verbally reviewed with Complainant D during training. No written acknowledgment was provided. The Policy states that “if employees cannot report to work as scheduled, they must notify their supervisor no later than their regular starting time.” The policy further states “tardiness and early departures count as one occurrence for the purpose of discipline under this policy. Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action. Eight occurrences of unexcused absence in a 12-month period are considered grounds for termination.” Complainant D was employed by Respondent O for less than 12 months, but she was late to work more than eight (8) times.
[1] Complainant D incorrectly identified Connor as a manager in her Complaint of Discrimination.
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