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Bullying: An Issue Commonly Faced by School-Age Children

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Abstract

Bullying is a major issue faced by school-age children. It is a significant mental health concern for the children who are bullied, and it can have an adverse effect on their physical health and academic performance. For example, one study found that male adolescents who experience bullying are at a greater risk of developing depression, suicidal tendencies, and high levels of anxiety. Another study found that bullying at a young age can lead to long-term depression, social isolation and eating disorders in adults later in life. Nevertheless, research suggests that the prevalence of bullying is increasing, particularly among children living in metropolitan areas.

There are a number of different definitions for bullying. The World Health Organization defines it as repeated aggressive behavior by one person against another, which causes physical or psychological harm or distress. It should not be confused with teasing or name-calling, which are not considered to be acts of aggression. This definition indicates that bullying can occur between persons regardless of their race or ethnicity. A range of factors have previously been associated with bullying. Some of the factors are socioeconomic status, gender, parental support and involvement, grade level, and child’s race or ethnic background. In addition, having a learning disability or being overweight may also increase one’s likelihood for being a victim of bullying.

Bullying: An Issue Commonly Faced by School-Age Children

Bullying behaviour can be defined as “a set of actions in which one person harms or threatens to harm another and is supported by an ‘adjacency’ who also plans or perpetrates the action, especially when it has been done repeatedly”. Bullying can happen at school, on the bus, online, in person and can even happen among friends. It is not just a school issue but a community issue. In order to combat bullying behaviour we need to understand that it is an issue that everyone faces on a daily basis. Kids are affected by bullying behaviour through physical violence such as being pushed around and punched, feeling intimidated and intimidated because they have low self-esteem, choosing not attend school because they feel unsafe there or trusting their peers less frequently (Nickerson, 2019).

Ideally, this article will discuss about bullying in schools and online as well as information on signs that indicate when a child is being bullied or witnessing vicarious bullying. The paper should also offer guidelines for parents to prevent their children from being victims of bullying. Two of the most notable studies on bullying were conducted in the United States. One study was based on data collected between 2009 and 2017, while the other was based on data collected between 2017 and 2019 (Nickerson, 2019).

The 1999 to 2003 study found that 5% of children aged 6 to 15 years old experienced physical bullying at school annually, while 25% experienced verbal bullying at school annually. 4 The 2007 to 2010 study found that 7% of children aged 6 to 11 years experienced physical bullying at school annually, while 31% experienced verbal bullying at school annually (Nickerson, 2019).

In addition to physical and verbal forms of bullying, children may also be bullied online. A 2012 study found that 20% of children aged 7 to 11 years old experienced cyberbullying at school annually. A study conducted in 2008 found that 40% of children aged 3 to 11 years old experienced online bullying at school annually (Winnaar et al., 2018).

Child witnesses vicarious bullying can be defined as individuals who experience unwanted attention from others because they witness their peers behaving aggressively towards others. A study conducted in 2008 found that 15% of children aged 9 to 16 years experienced vicarious bullying at school annually (Winnaar et al., 2018). Data on the prevalence of bullying among adults has never been systematically collected. However, adults who were bullied as a child have been found to experience similar adverse effects as children who were bullied. For example, they have been found to be more likely to experience depression, anxiety, loneliness and suicidal tendencies.

There are a number of different approaches which parents and schools may adopt in order to prevent children from being bullied and witnessing vicarious bullying. One approach involves teaching children how to recognize when they are being bullied as well as recognizing when they are witnessing bullying of others.

Spotting the signs of bullying is difficult, especially for the victims. If a child often complains about pain or has bruises on their body it is possible that their parents may need to make an appointment with the GP. Also if a child constantly gets into arguments with their peers it is possible that they are experiencing bullying. The child may also be anxious about going to school and feel stressed, irritable and depressed. Anxious behaviour can also be a sign of bullying if the child is always complaining of stomach aches and seems depressed (Winnaar et al., 2018).

If a child has been bullied at school they may: have low self-esteem, talk about the bully, feel sad, nervous or anxious all the time, feel depressed and hopeless that they will be bullied again, not want to go to school or come home at lunchtime.

Children who are experiencing bullying behavior should seek help from an adult such as a parent/carer or teacher. Parents should encourage their child to be open about what is happening to them but should also listen to their child and be there for them as well. The school should have a no-bullying policy and students and parents of students should receive letters regarding this. Getting children involved in a project that teaches non-violence will help them better understand why the behavior they are exhibiting is wrong and they can learn not to repeat it.

Proposed Method Section

The main participants in this research study are children and adolescents aged between six to 18 years. The children were in grades three through 10, while the adolescents were in grades nine through 12. All of the participants are current students of public school districts in the state of Oklahoma, with children being drawn from multiple districts for recruitment purposes. Participants include both bullying victims and bullies.

The research design is mixed-methods with a mixed-methods quantitative component and qualitative component that is also mixed-methods. The quantitative component involves the use of multiple methods in order to capture the complex nature of bullying. These include self-report survey of participants, self-report and observational data about bullying incidents, and peer report survey of participants and descriptions about them from other students at their schools. The qualitative component is focused on in-depth interview data from selected participants with a primary focus on non-victims.

The qualitative component of the research design is intended to provide an in-depth understanding of bullying and the experiences of its participants. The research questions that guide this qualitative data collection are organized into eight clusters, including: theoretical-conceptual concerns; definitions and models; categories of bullies and victims; similarities between bullied and non-bullied students; victimization experiences; perceived means of coping with bullying; school responses to bullying incidents; types of responses to bullying incidents; social comparisons among victims and non-victims. The approach to analyzing data from this study is content analysis that focuses on concepts, subtexts, themes, patterns, descriptions, patterns, structures displays and other relevant features.

Discussion/Conclusion

The act of bullying among school-age children has been a growing problem in schools nationwide. Many of these children suffer psychological damage, depression and anxiety caused by the act of bullying. The effects of bullying can last for long periods of time, affecting the victims’ education, their self-esteem and their health. Staying safe is a matter of life and death for many children. Without anyone to help them, some children are forced to take matters into their own hands. The consequences can be severe even if the bullies cannot be punished. According to “The Origins of Bullying”, (Bork-Hüffer et al., 2021)”teachers may feel powerless”. If a child is being bullied by other students, they should have someone they trust in the school such as the principle or another teacher on hand who can protect them from further bullying in the future. Schools need to make sure that a child is safe and people are not able to bully them. Bullying can be stopped but it will take all the schools in a community working together to do this.

Mental health is something that should be taken seriously by everyone in a community and especially at school. We need to educate children on how they should treat each other and what the consequences of bullying are both physically and mentally for the victims. If we don’t stop bullying behaviour now then it will continue for generations and more people will suffer from its effects (Bork-Hüffer et al., 2021).

There is a strong correlation between bullying behaviour in school-age children and suicide. We live in a society today where we see almost everyone of all ages on social media, browsing the internet or playing on their phones and it has become easy for us to forget how much time we spend with one another Le (Menestrel, 2020). We go to school, go home for dinner and do our homework, then repeat the next day. On our path through life we have lost touch with ourselves as people, as human beings and have started to focus on what makes us different from each other rather than what makes us the same.

Various reasons as to why people tend to bully others include, peer pressure, confidence and self-esteem issues, looking for attention, seeking revenge, bullying is a form of entertainment and feelings of being superior to others. All these cause someone to pick on other children.

The first step in stopping bullying behaviour is to acknowledge that it is an issue that needs to be dealt with at a young age before it gets out of hand. If the victims feel like there is no one they can turn to, then they may want to take matters into their own hands. The next step is for everyone in the community to remember how important it is to be kind, tolerant and patient with each other, even if the person you are dealing with seems like they need a hard time sometimes. Bullying behaviour can ruin lives and people’s self-esteem and confidence.

References

Bork-Hüffer, T., Mahlknecht, B., & Kaufmann, K. (2021). (Cyber) Bullying in schools–when bullying stretches across cON/FFlating spaces. Children’s Geographies, 19(2), 241-253.

Winnaar, L., Arends, F., & Beku, U. (2018). Reducing bullying in schools by focusing on school climate and school socio-economic status. South African Journal of Education, 38(1).

Le Menestrel, S. (2020). Preventing bullying: Consequences, prevention, and intervention. Journal of Youth Development, 15(3), 8-26.

Nickerson, A. B. (2019). Preventing and intervening with bullying in schools: A framework for evidence-based practice. School Mental Health, 11(1), 15-28.

About Asian Americans

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About Asian Americans

The Asian population in the United States is diverse. Asian populations are a group of people with origins from the Southeast Asia, East Asia, and Indian subcontinent. The 2019 Census Bureau population estimate of 2019 is that there are 18.9 million Asian Americans living in the United States, accounting for 5.7% of the total population. In 2019, states with the highest Asian American populations included Texas, New York, California, Illinois, Florida, Washington, New Jersey, Massachusetts, and Hawaii. Asian Americans have dozens of languages and ethnicities, among them Thai, Chinese, Japanese, Indian, Korean, Filipino, Indian, Laotian, and Vietnamese ancestry.

Historical Background

Asian Americans immigrants first arrived in the United States in large numbers nearly two centuries ago. They mainly came as low-skilled male laborers who farmed, mined, and built railroads. They persevered generations of racial prejudice that were officially sanctioned. The prejudice included regulations which prevented the immigration of Asian women and the 1882 Chinese Exclusion Act that prevented all new immigrations from China (Yip, Cheah, Kiang, & Hall, 2021). Another official sanction that they had to endure was the Immigration Act of 1917 as well as the 1924 National Origins Act that pushed the immigration ban to virtually incorporate the entire Asia and the forced internment and relocation of approximately 120, 000 Japanese Americans 1941 attack on Pearl Harbor.

Immigration from Asia on a large scale did not happen until the landmark Immigration and Nationality Act of 1965 was passed. Over the years, the new wave of immigrants from Asia has become increasingly educated and skilled. Currently, present arrivals from Asia into the United States are twice as likely to happen as those that came three decades ago to pursue a degree. Most the Asian immigrants venture into high-paying fields such as medicine, science, finance, and engineering. The evolution was sparked by changes in United States labor markets and immigration policies. It was also sparked by globalization forces in a digitally interconnected world than ever before, as well as by economic growth and political liberalization in the originating countries. These trends have increased the education levels of all immigrants from all races in recent years however, Asian immigrants outdo other ethnic groups and races with respect to the shares of those that are college graduates and college students.

Countries of Origin

Asian Americans are originally people from the South East Asia, East Asia, and Indian subcontinent. Asian Americans primarily originate from Japan, India, Korea, China and the Philippines. As immigrants these people were contracted as workers that labored in plantations. As of 2019, six groups, including Indian, Chinese, Korean, Vietnamese, Filipino and Japanese accounted for 85% of Asian Americans. Together, the groups largely shape the demographics of the overall United States Asian population. Asians of Chinese descent comprise the single largest group in the United States accounting for 24% of the total Asian population of 5.4 million people (An, 2022). The second largest groups are Indian Americans accounting for 21% (4.6%) and Filipinos accounting for 19% (4.2 million people). Asians with roots from Japan and Korea have populations of at least 1 million. The remaining 15 Asian origin group comprise at least 2% or less of the total Asian population in the United States.

Values and Beliefs

Asian values were a set of values promoted by Asian intellectuals and political leaders in the late 20th century as a conscious substitute to Western political values such as democracy, human rights, and capitalism. Some of the common Asian values cited included hard work, discipline, educational achievement, frugality, balancing societal and individual needs and the deference to authority. Advocates of these value claimed that fast development of various East Asian economies after World War II was a because of shared cultures between societies, particularly those of Confucian heritage. These proponents of Asian values opined that Western political values were not suited for East Asia as they fostered legalism and individualism that threatened to destroy social dynamism and social order. On the other hand, critics of Asian values disputed the role that the values played in economic growth and maintained that they were employed to safeguard the interests of authoritarian elites.

Customs and Traditions

Asian Americans often face challenges in establishing cultural identity particularly second-generation immigrants that struggle to maintain balance to traditional ideas that have strain of being assimilated into the American culture society. Whenever one is working with people of Asian ancestry, they need to put in mind the three main philosophies including Buddhism, Taoism, and Confucianism and their effect on Asian culture (Farina, Klumpner, Alvarez, Azhar, & Nguyen, 2021). Families tend to be highly hierarchical, patriarchal, and structured according to these philosophies. Within Asian family systems, children are trained that integrity and welfare of the family are important and not to bring shame in the family. The Asian philosophies teach principles of balance, harmony, and peace which makes some Asians keep away from confrontations or come off as passive, indecisive, or passive. For Asian students that have strong ties to family culture, employing indirect communication methods is also appropriate. Asians have various holidays, with the most common one being Diwali, the festival of lights. The festival is observed by Sikhs, Hindus, and Jains across the world to celebrate the triumph of good over evil. Indians celebrate Diwali by setting fireworks, lighting candles, and eating sweet treats with family members. Other common festivals celebrated by Asians include Chinese New Year, Songkran, Loi Krathing, Jakarta International Jazz Festival and Gion Matsuri.

Experiences of Asian Americans with Discrimination and Oppression

Asian Americans have experienced prolonged periods of discrimination and oppression. Even before the emergence of the 2020 global health crisis, Asian Americans were at victims of racism and discrimination. However, at the height of the pandemic, the former president termed it as a ‘chinese virus’ which was not helpful in riding the nation of anti-Asian racist actions. Even before the emergence of the health crisis, the narrative about Asian Americans as minority group has always existed. The concept of minority emerged during and following World War II asserting that Asian Americans were ideal color immigrants to the United States as a result of their economic success (Chen, Zhang, & Liu, 2020). However, Asian Americans across the United States have being deemed a threat to a country that promoted an immigration policy for white people only. Asian Americans were referred to as a ‘yellow peril’ to mean that they were unclean and not fit for American citizenship. History indicated that Asian American communities have faced lots of disparities with four in ten Asian adults admitting to having acted in an uncomfortable manner because of ethnicity and race reasons.

Interesting Facts/Information

One of the interesting facts about the Asian community is that civic engagement in the community tends to be rather high. According to statistics, in the 2008 presidential election, 48% of registered Asian American voters showed up to vote. Additionally, the total number of eligible Asian American voters in the 2008 elections increased by nearly 50% from the 2000 elections. Another interesting fact is that Arizona and Nevada have registered a sharp rise in their Asian populations over the years (Jun & Nan, 2018). Another interesting fact is that Asian Americans contribute to the country’s economy as entrepreneurs and consumers. Asian entrepreneurs are estimated to create employment for over three million workers and own over 1.5 million businesses across the United States.

References

An, S. (2022). Re/Presentation of Asian Americans in 50 States’ K–12 US History Standards. The Social Studies, 1-14.

Chen, J. A., Zhang, E., & Liu, C. H. (2020). Potential impact of COVID-19–related racial discrimination on the health of Asian Americans. American Journal of Public Health, 110(11), 1624-1627.

Farina, A. S., Klumpner, S., Alvarez, A. R., Azhar, S., & Nguyen, C. M. (2021). Experiences of racist encounters among Asian Americans: Analysis of# thisis2016. Journal of Ethnic & Cultural Diversity in Social Work, 1-12.

Jun, J., & Nan, X. (2018). Determinants of cancer screening disparities among Asian Americans: a systematic review of public health surveys. Journal of Cancer Education, 33(4), 757-768.

Yip, T., Cheah, C. S., Kiang, L., & Hall, G. C. N. (2021). Rendered invisible: Are Asian Americans a model or a marginalized minority?. American Psychologist, 76(4), 575.

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Table of Contents

TOC o “1-3” h z u HYPERLINK l “_Toc343018932” 1.0 Background PAGEREF _Toc343018932 h 5

HYPERLINK l “_Toc343018933” 1.1 Introduction PAGEREF _Toc343018933 h 5

HYPERLINK l “_Toc343018934” 1.2 System approach for better project performance PAGEREF _Toc343018934 h 5

HYPERLINK l “_Toc343018935” 1.3 Project evaluation performance and critical success factors PAGEREF _Toc343018935 h 6

HYPERLINK l “_Toc343018936” 1.4 Justification PAGEREF _Toc343018936 h 7

HYPERLINK l “_Toc343018937” 2.0 Aims PAGEREF _Toc343018937 h 7

HYPERLINK l “_Toc343018938” 3.0 Draft Research Questions PAGEREF _Toc343018938 h 7

HYPERLINK l “_Toc343018939” 4.0 Draft Research Objectives PAGEREF _Toc343018939 h 8

HYPERLINK l “_Toc343018940” 5.0 Feasibility of the Study PAGEREF _Toc343018940 h 8

HYPERLINK l “_Toc343018941” 6.0 How Your Work Fits Existing Published Work PAGEREF _Toc343018941 h 9

HYPERLINK l “_Toc343018942” 6.1 Introduction PAGEREF _Toc343018942 h 9

HYPERLINK l “_Toc343018943” 6.2 Causes of delays and their analysis techniques PAGEREF _Toc343018943 h 10

HYPERLINK l “_Toc343018944” 6.3 Conclusion PAGEREF _Toc343018944 h 13

HYPERLINK l “_Toc343018945” 7.0 Methodology PAGEREF _Toc343018945 h 13

HYPERLINK l “_Toc343018946” 7.1 Choosing the methodology PAGEREF _Toc343018946 h 13

HYPERLINK l “_Toc343018947” 7.2 Data collection methods PAGEREF _Toc343018947 h 14

HYPERLINK l “_Toc343018948” 7.3 Data analysis PAGEREF _Toc343018948 h 15

HYPERLINK l “_Toc343018949” 8.0 References PAGEREF _Toc343018949 h 17

1.0 Background1.1 IntroductionLack of adequate work preparation before commencing a project of any type causes serious problems during the implementation period. Oil and Gas Industry have many projects related to digging of new wells, construction of oil or gas depot areas, and maintenance of the existing oil refineries. Most projects lack detailed designs showing how tasks should follow leading to disorganization and delay in delivering the expected results. These problems come from poor management and lack of the necessary information concerning the impact of delayed schedules in project planning control and management as mentioned in Popescu and Charoenngam (1995). In addition, project managers lack the necessary knowledge on the effects of project delays to the stakeholders. The availability of a system that would measure and analyze the impact of project delays would be most appropriate for quality project planning and control. Project scheduling involves timing and providing the necessary sequence for various operations in an effort to plan a project. A project schedule displays all the activities from the start of the project to the completion, indicating the period for each activity. A delay in such a schedule leads to many losses especially in the oil and gas industry where projects are very vital. Project management and delays assist in timely implementation of oil extraction processes and avoidance of delays that result into many losses. Oil and gas are very valuable resources since they play a great role improving a nation’s economy (Trauner 2009).

1.2 System approach for better project performanceMost projects in the oil and gas industry involves millions of dollars and delaying them would cost the implementing country an anonymous loss. In addition, nations lack project managers with the knowledge of handling projects within the scheduled plan and deliver the expected work outcome. According to Han et al., (2009), a quality system approach for a better project performance will ensure fewer delays are experienced in oil and gas industry projects. Four basic dimensions should be employed to account for any decision making process in planning for mega projects in oil and gas industry. These are: performance specification, transparency, proper formulation of regulatory regimes, and involving capital risks in project planning and control. Developing systematic thoughts, developing large scale living system and proper planning are the three major perspectives that contribute to quality success in all innovations and projects. All these aspects are possible if project managers are capable of analyzing the scheduled delays using the most appropriate system that would ensure timely completion of all scheduled project activities as mentioned in Bruzelius, Flyvbjerg and Rothengatter (1998).

1.3 Project evaluation performance and critical success factorsOil and gas industry projects require significant efforts that evaluate their performance. These evaluations should provide for any economic risks involved in implementing the project. Delays always lead to increased costs, and more risks. Some projects are scheduled at specific weather conditions and any delay would eventually lead to many effects related to weather conditions increasing the cost of implementation. According to Williams (2003), time delays in project planning and control are analyzed in terms of the following. First, the relative significance factors leading to project delays. Second, the use of computerized methods, like Critical path method (CPM), in analyzing the causes of delayed schedule. Finally, a system that would compute the cost of asset delays and relate its impact on the project delay would help in the evaluation as stated in Flyvbjerg, Holm and Buhl (2004).

1.4 JustificationVarious reports concerning failure of completion of many projects within the specified time worldwide justifies this research. In addition, some causes of project delays have not yet been established and this research will study these causes and determine the best technique for analyzing their impacts. From my findings, project delay impact analyzing technique should be utilized especially in the oil and gas industry. The most relevant areas for the analysis include the impact of project schedule delays and their effects in the whole industry. Moreover, the research will help in analyzing the main causes of delays experienced before and how the project managers would have acted to prevent them..

2.0 Aims

The main aim of this dissertation is to apply the schedule delay analysis technique in the study of project control, and come up with an analysis of the net impact resulting from oil and gas industry project delays.

3.0 Draft Research QuestionsThe following research will assist in determining the best methodological approach to use in carrying out the research. In addition, the questions assist in developing the research objectives. The research will be guided by the following questions:

How do project managers understand about project scheduling?

What is the available literature on the general causes of oil and gas industry project delays?

What are the impacts of project delays, and who are the most affected by such delays in the oil and gas industry?

What are the most common techniques used in analyzing project delays today? How effective are they?

Who are the most affected by project delays in the industry?

4.0 Draft Research Objectives

The following research objectives will act as guidelines for carrying out the research. Project schedule delays in the oil and gas industry contribute to the poor improvement of the industry calling for a more effective approach to prevent them (Dayi 2010). The main objective of this research to determine the most appropriate schedule delay analyses technique in order to analyze the impact of project delays in the oil and gas industry and come up with recommendation for project planner and controllers. The specific objectives are:

To analyze the major types of delays in various oil and gas industry projects,

To understand the aspect of projects scheduling,

To study the common project schedule delay analysis techniques used today, and

To determine the impact of project delays.

5.0 Feasibility of the Study

In order to ensure the success of the project a feasibility study will be conducted before the actual research. There is adequate access to research data because the project delays in the oil and gas industry have never been fully prevented. Most people from the industry are willing to answer any question that regards delay prevention and control. In addition, the availability of more knowledge and techniques in project management and control makes the research more feasible. The following research is acceptable and will be completed within the set period. Various aspects will be analyzed during the feasibility. These include;

Social and environmental impact feasibility,

Financial and economic feasibility,

Political feasibility, and

Technological feasibility.

6.0 How Your Work Fits Existing Published Work6.1 Introduction

The complexity found in today’s capital projects in the oil and gas industry makes their management highly critical. Most capital projects in the oil and gas industry involve a big percentage of company’s spending. Most stakeholders are calling for improved project control services. Developing a perfect system that analyzes the impact of scheduled delays would play a significant role in preventing such risks. Project managers face many challenges while managing a project right from the design phase to implementation phase. It is the desire of most project managers to finish their work within the schedule, and set budget while maintaining quality work. Most project managers fail in providing quality work within schedule and proposed budget due to lack of necessary project delay analysis techniques. In addition, projects in the oil and gas industry face delays because managers are more concerned with personal gains not considering the welfare of other stakeholders. With the high global energy demands, projects in the oil and gas industry should never face any delay since it costs industries huge sums of money (Smart Grid News 2012).,The following section analyzes the main ideas used in determining the impact of the project schedule delays and the techniques used in measuring the impacts.

6.2 Causes of delays and their analysis techniquesAssaf & Al-Hejji (2006) researched on the main causes of delays in many projects in various industries. Lack of proper preparation of a certain oil and gas industry project causes serious problems in the course of putting up the structure. In some instances, lack of proper and detailed drawings and poor project management plan schedules result into problems during the oil and gas industry work. This increases the cost establishing new oil and gas industry projects, extension of the project period and it causes serious effect on the quality of the completed work as stated in Assaf, Al-Khalil and Al-Hazmi (1995). The publication the research findings assist in giving the consequences of delays in oil and gas industry, but fails in delivering the main impacts of such consequences and their mitigations. According to Faridi and El-Sayegh (2006), most delays occur due to slow preparation and approval of drawings by the stakeholders in involved. In addition, lack of proper initial planning of the project results into many delays. Some project managers are slow in decision making that makes them fail in delivering the project within the scheduled duration.

On the other hand, inadequate resources, changes in design and orders from the contractors, un-forecasted weather changes, and late deliveries contribute to delay in project schedules as stated by Al-Momani (2000). Project management classifies delays into two types, those that are excusable and those that are inexcusable. Delays causes by contractor mistakes are referred to inexcusable delays. These include the failure in coordinating workers, and low productivity. On the other hand, delays occurring due to changes in project design or severe weather conditions are referred to excusable delays. Farah (2005) gives literature on various software models that have been used to support design in oil and gas industry project management. The publication also touches on the impact of the environment in the delay of project schedules. These ideas assist in analyzing the best technique that would be adaptable to different environments and weather conditions.

Researchers like Menesi, Arcuri, Dayi and Hildreth have developed various types of techniques used in scheduled delay analysis. Menesi (2007) came up with Multiple Baseline Updates delays scheduling technique after discovering the high number of inherent risks and complexity in today’s construction industry. Window delay analyses method has been used for many years as a delay analysis method in most project management and controls. In his technique, Menesi (2007) failed in analyzing some crucial aspects of project control. First, the technique fails in determining the impact of such project delays to the contractor, the project owner, and the community at large. Second, the system identifies the scheduled delays and their causes, but does not estimate their relevant costs and future recommendations. The idea is developing a technique that would measure the impacts of delays in all prevailing situations and overcomes new operational challenges.

Most oil and gas companies increases their focus on deepwater and ultra-deepwater sections meaning that the future projects will face a lot of challenges because of the unfamiliar environment. Present developed techniques only adapt to the current situations, and would definitely fail in such projects. According to Arcuri and Hildreth (2007), changes and delays in projects occurring during the implementation phase have significant impacts on the project schedule resulting into poor completion. These three authors came up with a delay analyzing technique referred to as The Schedule Impact Analysis that quantifies the effect of changes or delays on project schedules. This publication assists in reviewing the most common impacts caused by delays in various construction projects and incorporate them in the oil and gas industry projects. In addition, the implemented techniques will assist to determine the most relevant impacts and come up with perfect recommendations.

Each project must start with a plan that describes what, how, where, and in what manner will it be conducted. The project plan must be given a certain duration that everything must be completed, all other factors remaining constant. The oil and gas industry projects involve many risks that mostly lead to the failure of many projects on this sector. The impacts of such project schedule delays, if measured correctly would indicate great losses in terms of time and resources. Dayi (2010) developed another system that measures the net impacts associated with various delays in projects. The system was successful in identifying some impacts but filed in projects involving complicated methods, like hydraulic fracturing technology. The researcher lacked modern software that could measure the impact of such innovation. This project will come up with modern software systems that detect such impacts and are compatible with future technologies up to 2017.

Research by Stelth and le Roy (2009) discussed the use of Critical Path Method (CPM) in project impact analysis. The following technique uses virtual management teams in analyzing how various tasks cause delays and the consequences of such delays. The technique can measure impact of scheduled delays in projects from different industries. In addition, the technique advocates for the need to reduce construction costs through increasing profits and revenues by making sure project implementation occurs within the proposed time and cost. Stelth and le Roy (2009) find more use on this research because the authors have already researched on the factors associated with environment that hinders administration of certain techniques. Through this knowledge, the proposed technique would be developed ensuring that it fits well in the oil and gas industry especially for those deepwater projects.

6.3 Conclusion

Because oil and gas industry is one of the big economic giants in the world, delay in such projects would cause a significant loss to a nation. On the other hand, the following research will ensure no further delays occur in oil and gas industries because it touches all aspects of quality project planning and control. With the help of the above discussed publications, the proposed technique would be more effective and reliant in project control. In addition, the research findings would play a significant role in minimizing problems experienced by previous people who carried out survey on other industries. Moreover, the deep oil and gas contraction project engineers would get a chance of designing more complicated drilling machines that are more effective and less costly at the long-run.

7.0 Methodology7.1 Choosing the methodologyCarrying out research in the oil and gas industry requires properly planned research methodology in order to address all the issues concerned with the research objectives. The research will make use of qualitative and quantitative research methodology. The aim of the methods used will be to collect all data related to the research topic. According to Midgley (2000), the research methodology chosen conforms to the proposal objectives. This assist in the identification of the best methodology that allows quality data collection procedure that is independent. The research methodology chosen will identify the most appropriate data collection processes, and the content of information gathered while undertaking a research. Moreover, research methodology used will play a significant role in making judgments outlining boundaries of the method put in place (Chiara et al 1997). The quantitative research methodology will be used in effective data collection using surveys, interviews, and questionnaires.

Qualitative research methodology is chosen because it has the characteristic of generating new knowledge by participating vigorously in the field and forms the key source of primary data as stated in Nicholls (2011). The main reason for choosing these methods is because the research will analyze the scheduled delays in oil and gas industry using impact analysis technique and come up with a new idea that have never been researched before. The impact analysis technique will use a machine that identifies and record the effects caused by project delays in form of units (Newton per meter). The type of survey that will take place will be very unique since the researcher will have to make comparisons on the field with reference to the data collected on previous researches.

7.2 Data collection methodsAs stated above, the research will make use of qualitative data collection method where surveys, questionnaires and interviews will be the main data collection tools. The three data collection methods are justified for the research because they will ensure all the needed information is gathered (Midgley 2008). First, questionnaires make use of scales in gathering the desired response from the target group. Using questionnaires, the respondent’s piece of mind comes out clearly since the respondent’s mind is psychologically placed in the prevailing situation. The interviews will be used in answering research questions like those investigating the most common causes of industry project delays. Moreover, through the question the researcher will be in a position to understand the understanding of project scheduling by project managers. The researcher needs to develop a question that needs an answer. This step aids in locating the most effective secondary data that need study to answer the developed query. In addition, before basing an argument on the secondary data, the researcher needs to find out what has been done since the release of the secondary data as mentioned in Struwig and Stead (2001).

Second, use of interviews will assist in creating an environment where the respondent develops trust with the researcher. Interviews will ensure high accuracy on the collected information since the data is centered towards the respondent’s occupation or experience within the oil and gas industry. Third, the survey method will form the most systematic method of collecting data from the population of interest. Through surveys, the research questions will be completed within a relatively short time with many respondents taking place. In addition, the surveys will assist in collecting information of the stakeholders who are far away because it can be done by telephone, mail, or fax as mentioned in Opdenakker (2006).

The target group for this research will compose of project managers in the oil and gas industry, project coordinators, stakeholders, the society, and the workers. The participants of the research will be chosen using extensive means by first ensuring they have full information about projects conducted in the targeted region. In addition, the research will entail use of various resources that will aid in gathering the required information in an effective and timely manner. Since the data collection system will be guided by the available literature, the research will make use of websites, academic journals on oil and gas industry, and relevant books with information on project management and control. Moreover mathematical and statistical tools like graphs and charts will be used in data analysis and presentation of the research findings.

7.3 Data analysisThe collected data will be useful not only in the oil and gas sector, but other sectors that use project management and control. Most people will analyze the data in a simple and comprehensible way that is easier to understand. The data analysis procedure will start with making a summary of all the respondents from various methods of data collection used. The responses will then be grouped according to their weight, and coded in statistical applications that will analyze the data in a more understanding manner. The statistical applications will transform the raw data into visible forms like graphs and charts. This analyses will assist in comparing the how effective is project delay schedule analysis impacts the overall performance. In addition, the presentations will aid in determining the use of impact analysis technique in oil and gas industry. Moreover, the collected data will be analyzed using factor analysis method. According to Ratcliff (n.d.), factor analysis establishes any similarities between the dependent and independent variables of the data.

Milestone table

Milestone Description Due date Remarks

1 Stage 1: Area of interest identified 8 Nov. 2012 Done

2 Stage 2: Specific topic selected 15 Nov. 2012 Done

3 Stage 3: Topic refined to develop dissertation proposal 22 Dec. 2012 Done

4 Stage 4: Proposal written and submitted 30 Dec. 2012 Done

5 Stage 5: Collection of data and information 15 Jan. 2013 Waiting

6 Stage 6: Analysis and interpretation of collected data/information 20 Jan. 2013 Waiting

7 Stage 7: Writing up 25 Jan. 2013 Waiting

8 Stage 8: Final draft prepared— submission of dissertation 1 Feb. 2013 Waiting

9 Final Deadline—9 months from module start date. 6 Feb.2013 Waiting

Completion of the remaining parts requires more commitment from researchers in data collection and analysis. In order to ensure the project is completed within the schedule, the research team will be prepared early enough through training them on how the data will be collected. In addition, pre-visits will be conducted in the selected locations to ensure respondents are well prepared and ready to give the necessary information. Moreover, the data collection tool will be pre tested to ensure their efficiency, troubleshooting any problem that might cause delay in data collection.

8.0 ReferencesAl-Momani, A. (2000) ‘Construction Delay: A Quantitative Analysis’, International Journal of Project Management, 18 (1), pp.51-59, [Online]. Available from: HYPERLINK “http://dx.doi.org.ezproxy.liv.ac.uk/10.1016/S0263-7863(98)00060-X” http://dx.doi.org.ezproxy.liv.ac.uk/10.1016/S0263-7863(98)00060-X (Accessed: 27 November 2012).

Arcuri, F. J. & Hildreth, J. C. (2007) The principals of Scheduled Impact Analysis. Virginia Tech: VirginiaTech College of Enginnering, pp. 41-50, [Online]. Available from: HYPERLINK “http://www.virginiadot.org/business/resources/const/0703_PrinciplesofSIA.pdf” http://www.virginiadot.org/business/resources/const/0703_PrinciplesofSIA.pdf (Accessed 25 November 2012).

Assaf, S. A., Al-Khalil, M. & Al-Hazmi, M. (1995) ‘Causes of delay in large building Oil and gas industry projects’, Journal of Management in Engineering, 11 (2), pp.45-50, [Online]. Available from: HYPERLINK “http://ehis.ebscohost.com.ezproxy.liv.ac.uk/eds/pdfviewer/pdfviewer?vid=2&hid=101&sid=f4ce09e5-9699-4628-8e1f-d55cab42a9e7%40sessionmgr15” http://ehis.ebscohost.com.ezproxy.liv.ac.uk/eds/pdfviewer/pdfviewer?vid=2&hid=101&sid=f4ce09e5-9699-4628-8e1f-d55cab42a9e7%40sessionmgr15 (Accessed: 26 November 2012).

Assaf, S. A & Al-Hejji, S. (2006) Causes of delay in large construction projects. “International

Bruzelius, N., Flyvbjerg, B. & Rothengatter, W. (1998) ‘Big decision, big risks: Improving Accountability in mega projects’, Transport Policy, 9 (2), pp.143-154, [Online]. Available from: HYPERLINK “http://dx.doi.org.ezproxy.liv.ac.uk/10.1016/S0967-070X(02)00014-8” http://dx.doi.org.ezproxy.liv.ac.uk/10.1016/S0967-070X(02)00014-8 (Accessed: 12 November 2012).

Chiara, M., Doets, K., Mundici, D. & Van Benthem, J. (1997) The Tenth International Congress of Logic, Methodology and Philosophy of Science, Florence, August 1995. Netherlands: Kluwer Academic.

Dayi, S. (2010) Scheduled Delay Analysis In Construction Projects: A Case Study Using Time Impact Time Impact Analysis Method, [Online]. Available from: HYPERLINK “https://etd.lib.metu.edu.tr/upload/12612823/index.pdf” https://etd.lib.metu.edu.tr/upload/12612823/index.pdf (Accessed: 7 November 2012).

Farah, T. (2005). Review of current estimating capabilities of the 3D building information model

software to support design for production/oil and gas industry.

Faridi, A. S. & El-Sayegh, S. M. (2006) ‘Significant Factors Causing Delay in the UAE Construction Industry’, Construction Management & Economics, 24(11), pp.1167-1176, [Online]. Available from: HYPERLINK “http://dx.doi.org.ezproxy.liv.ac.uk/10.1080/01446190600827033” http://dx.doi.org.ezproxy.liv.ac.uk/10.1080/01446190600827033 (Accessed: 27 November 2012).

Flyvbjerg, B, Holm, S. & Buhl, S. (2004) ‘What causes cost overrun in transport Infrastructure projects?, Transport Reviews, 24(1), pp. 3–18, [Online]. Available from: HYPERLINK “http://ehis.ebscohost.com.ezproxy.liv.ac.uk/eds/pdfviewer/pdfviewer?sid=576d5406-f644-4b15-afa5-118e5814c7e6%40sessionmgr115&vid=1&hid=120” http://ehis.ebscohost.com.ezproxy.liv.ac.uk/eds/pdfviewer/pdfviewer?sid=576d5406-f644-4b15-afa5-118e5814c7e6%40sessionmgr115&vid=1&hid=120 (Accessed: 11 November 2012).

Han, H. S. et al. (2009) ‘Analyzing Schedule Delay of Mega Project: Lessons Learned from Korea Train Express, IEEE Transactions on Engineering Management, 56(2), pp. 243-256, [Online]. Available from: HYPERLINK “http://dx.doi.org.ezproxy.liv.ac.uk/10.1109/TEM.2009.2016042” http://dx.doi.org.ezproxy.liv.ac.uk/10.1109/TEM.2009.2016042 (Accessed: 11 November 2012).

Menesi, W. (2007) Construction Delay Analysis under Multiple Baseline Updates, [Online]. Available from: HYPERLINK “http://www.uwspace.uwaterloo.ca/bitstream/10012/2737/1/MASc-Thesis-Construction%20Delay%20Analysis%20under%20Multiple%20Baseline%20Updates.pdf” http://www.uwspace.uwaterloo.ca/bitstream/10012/2737/1/MASc-Thesis-Construction%20Delay%20Analysis%20under%20Multiple%20Baseline%20Updates.pdf (Accessed: 24 November 2012).

Midgley, G. (2000) Systemic Intervention: Philosophy, Methodology, and Practice.

New York: Kluwer Academic/Plenum Publishers.

Nicholls, C. (2011) The Advantages of Using Qualitative Research Methods [Online] Brighton: Alexander Technique College. Available from: HYPERLINK “http://www.alexander-technique-college.com/files/2011/10/books_articles_qualitative.pdf” http://www.alexander-technique-college.com/files/2011/10/books_articles_qualitative.pdf (Accessed: 5 December 2012).

Opdenakker, R. (2006) ‘Advantages and Disadvantages of Four Interview Techniques in Qualitative Research’, Forum: Qualitative Social Research, 7 (4), pp. 1-10, [Online]. Available from: HYPERLINK “http://www.qualitative-research.net/index.php/fqs/article/view/175/391” http://www.qualitative-research.net/index.php/fqs/article/view/175/391 (Accessed: 5 December 2012).

Popescu, C. M. & Charoenngam, C. (1995) Project Planning, scheduling, and Control in Construction. New York: John Wiley & Sons Inc.

Ratcliff, D. (n.d.) Methods of Data Analysis in Qualitative Research [Online]. Available from: HYPERLINK “http://psychsoma.co.za/files/15methods.pdf” http://psychsoma.co.za/files/15methods.pdf (Accessed: 5 December 2012).

Smart Grid News. (2012). Project delays, budget overruns could cost energy industry trillions. Retrieved from:http://www.smartgridnews.com/artman/publish/Business_Strategy/Project-delays-budget-overruns-could-cost-energy-industry-trillions-4956.html#.UMXpleQ05C8

Stelth, P. & Le Roy, G. (2009) ‘Projects’ Analysis through CPM’, School of Doctoral Studies Journal, 1 (1), p.10, [Online]. Available from: HYPERLINK “http://www.iiuedu.eu/press/journals/sds/sds1_july_2008/05_SECC_01.pdf” http://www.iiuedu.eu/press/journals/sds/sds1_july_2008/05_SECC_01.pdf (Accessed: 3 December 2012).

Struwig, M. & Stead, G. (2001) Planning, Designing and Reporting Research. Cape Town: Pearson Education South Africa.

Trauner, T. (2009) Construction Delays: Understanding Them Clearly, Analyzing Them Correctly. 2nd ed. USA: Elsevier Butterworth-Heinemann [Kindle DX version].

Williams, T. (2003) ‘Assessing extension of time delays on major projects’, International Journal of Project Management, 21 (1), pp. 19–26, [Online]. Available from: HYPERLINK “http://dx.doi.org.ezproxy.liv.ac.uk/10.1016/S0263-7863(01)00060-6” http://dx.doi.org.ezproxy.liv.ac.uk/10.1016/S0263-7863(01)00060-6 (Accessed: 13 November 2012).

Migrations in the Past 500 Years

Student’s name

Student number

Course

Instructor

Date

Migrations

During the transatlantic trade, most Africans were forcefully migrated to America because they relied on African slave labor on their plantations .also the slaves were being exchanged for the manufactured goods made in Europe .they were loaded onto ships on the African coast. They were shipped across the Atlantic ocean to Europe .there was also the shipment of crops and products like tobacco, cotton, sugar, and molasses to Europe. The forced migration was mainly for slaves to Europe. The reasons for the migration of the 19th century were the industrial revolution and the end of the slave trade. The industrial revolution led to the creation of new and more industries, which led to the production of more goods. The initiatives required raw materials and labor, which were mainly found outside Europe. This led to the slave trade, which resulted in migration into Europe. The urge to get raw materials resulted in steam technology which made traveling more efficient and cheaper and transportation of raw materials. Steam technology made migration in the 19th century more accessible and more affordable. Industrialization also led to urbanization which caused people to migrate from rural areas to urban centers.

The end of slavery in the European countries in the 1800s was also a reason for the massive wave of migration in the 19th century. This lead to a shortage of labor; hence more people migrated voluntarily to work in the industries .in the 20th century, many European migrated because they were in search of economic prosperity .they moved to the urban areas because of initiatives, and there were better living standards because there were employment opportunities and education opportunities. Living conditions degraded .poverty and the high population led to food shortage. People immigrated in search of better living conditions. While in the 21st century, people immigrated because of economic and political reasons, their desires to change their surroundings, or natural disasters.

Migration led to the transfer of human resources and skills .when people migrated, they mainly sought economic prosperity, which led to them working in the industries and finding other employment opportunities hence providing enough human resources for the enterprises. They also taught their skills to other people. When people they ensured that their skills reach other places. This confirmed there was economic prosperity throughout the world. The governments also got more revenue, and people thrived from the effectiveness of the skilled migrants. Migration also led to technological advancements. The need to travel the world during the 19th century led to the development of steam technology to ease the movement. With this, it encouraged people to make more advancements in technology which is essential in solving lots of human problems throughout the world today. There was an improvement in housing structures. Due to the increased population as people migrated, there was a need to improve the housing structures hence leading to discoveries that have been made in the world all over the years.

There are also improvements in the education fields. The migrants were required to learn new skills to be employed in the industries .this led to the discovery of learning institutions and enhancements to suit the population and what was required of people. It also led to specialization. Even though migration has its adverse effects, some developments deal with such problems. Examples of the increased unhygienic conditions have been dealt with with improvements in medicine. There are many actions to deal with many diseases all over the world. Migration also ensures there is no labor shortage as the migrants are willing to be employed for low wages, and there is a large workforce.

Migrants experience stresses that affect their mental well-being, including loss of cultural norms, religious beliefs, and social support system, which changes their identity and self-concept. One may lose their cultural identity as they try to absorb and fully understand the new culture as they move within the contemporary society. Post-migration stress includes culture shock, where they feel disoriented and cultural conflict, which both lead to cultural confusion and isolation. Globalization has also affected the cultures in developing countries, leading to the loss of local cultural identity. Globalization is threatening the oldest civilizations in the world hence threatening cultural identity all over the world. Migration always affects religion .when people migrate to new places, they alter the daily routines of their lives. Many may change their religious practices and beliefs to fit into contemporary society. Some may even forget their religion and try to assimilate to the new spiritual practices. Somehow faith gives a person their identity. This will change their identity hence threatening national identity. However, religion may cause migration. Organized religious groups move to other areas to preach and defend their faith. Some people may be assimilated hence changing their religious beliefs and practices hence changing their national identity.

As people migrate, they leave their friends and families behind; hence they lose the people to support them socially and in all aspects of their lives. This increases stress in many migrants leading to physical and psychological impairments. Many of them may resort to social vices such as theft. It also leads to family disruptions and long terms marriage separations. This changed people’s social and personal values .also the migrants formed their social support systems to help each other while away from home. Many changed their characters and beliefs hence being assimilated into the new society .this changed their identity, therefore, threatening their national identity.

Bibliography

De Haan, Arjan. “Livelihoods and poverty: The role of migration‐a critical review of the migration literature.” The journal of development studies 36, no. 2 (1999): 1-47

Jessopp, Mark J., Michelle Cronin, Thomas K. Doyle, Mark Wilson, Abigail McQuatters-Gollop, Stephen Newton, and Richard A. Phillips. “Transatlantic migration by post-breeding puffins: a strategy to exploit a temporarily abundant food resource?.” Marine biology 160, no. 10 (2013): 2755-2762

Timotijevic, Lada, and Glynis M. Breakwell. “Migration and threat to identity.” Journal of Community & Applied Social Psychology 10, no. 5 (2000): 355-372.

MILDRED KERN v. DYNALECTRON CORPORATION

No. 4-79-346-K

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

577 F. Supp. 1196; 1983 U.S. Dist. October 19, 1983

OVERVIEW: The employer contracted to provide pilots for security work during Moslem pilgrimages in Saudi Arabia. The contract required that all pilots were Moslem and the employer required that the employee convert to Islam for the job. Although he began to convert, the employee changed his mind. He also refused other work offered. The court found that the employee had been constructively discharged and that he established a prima facie case of discrimination. The court held that the burden then shifted to the employer to establish its burden of production that the discrimination was not unlawful. In examining the employer’s claim that religion was a BFOQ for the position, the court found that the employer proved a factual basis for believing that non-Moslems were unable to perform the job safely. If non-Moslems were caught flying into Mecca, they were beheaded. Thus, being a Moslem was linked to job performance and was an absolute prerequisite for the job. Further, the safety of third persons was a legitimate basis for a BFOQ under § 703 of Title VII. Thus, the employer’s discrimination was not unlawful because religion here was a BFOQ necessary for the operation of its business.

OUTCOME: The court concluded that the employer did not breach its employment contract with the employee.

. JUDGES: Belew, District Judge. OPINION BY: BELEW OPINION

 [*1197]  BELEW, District Judge:

Wade Kern filed this religious-discrimination suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2000e-17 (1976) against Dynalectron Corporation. Since filing, Wade Kern died and his wife Mildred Kern was properly substituted as Plaintiff by an Order signed on September 25, 1980.

42 U.S.C. § 2000e-5 (Title VII), 28 U.S.C. § 1331 (federal question), and 28 U.S.C. § 1343 (civil rights actions) all confer jurisdiction upon this Court over the subject matter involved herein. Plaintiff is a resident of Fort Worth, Texas and Defendant is a Delaware corporation. Thus, this Court has jurisdiction over the persons involved pursuant to 28 U.S.C. § 1332, diversity of jurisdiction. The parties stipulate that Defendant is an employer within the definition of Title VII, 42 U.S.C. § 2000e(b).

The case was tried before the Court without a jury. Having heard and considered all the evidence presented at trial and the arguments and briefs of the parties, the Court now enters [**2]  its opinion and judgment.

On August 17, 1978, Wade Kern entered into a written contract of employment with the Defendant, Dynalectron Corporation, to perform duties as a helicopter pilot. Defendant was under a subcontract with Kawasaki Heavy Industries, Limited,Kawasaki Heavy Industries, Limited, -Search using:

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Company Profileto provide pilots to work in Saudi Arabia. The work to be performed in Saudi Arabia consisted of flying helicopters over crowds of Moslems making their pilgrimage along Muhammad’s path to Mecca. The purpose of these flights was twofold: to protect against any violent outbreaks and to help fight fires. Apparently, while en route to Mecca, the marchers lived in tents. Frequently, fires would erupt as a result of  [*1198]  cooking over fires which were started too close to the tents.

Three bases were established for Dynalectron’s pilots: at Jeddah, Dhahran, and Riyadh. Those pilots who were stationed at Jeddah would be required to fly into the holy area, Mecca. Saudi Arabian law, based upon the tenets of the Islamic religion, prohibits the entry of non-Moslems into the holy area, Mecca, under penalty of death. Thus, Dynalectron, in accordance with its contract with Kawasaki, requires all pilots stationed at Jeddah [**3]  to be (or become) Moslem. Had Wade Kern continued to work for Dynalectron, he would have been based in Jeddah and, therefore, his conversion from Baptist to Moslem would have been required.

Such a conversion was not unusual for pilots flying for Dynalectron. In fact, the Defendant regularly sent pilots to indoctrination courses where they were taught the basic formulation of the Islamic faith, converted thereto, and received a certificate manifesting said conversion. Wade Kern went through such a course which was taught in Tokyo, Japan, chose his new Islamic name, signed his certificate of conversion and then changed his mind about his conversion. At that point Kern returned to Fort Worth at his own expense and told Defendant of his decision. Defendant later offered Kern a job as a member of the air crew, a position not requiring his conversion. However, Kern declined to take that job.

Within one hundred eighty days after Kern left the Defendant’s employ on September 4, 1978, Kern filed a sworn complaint with the Equal Employment Opportunity Commission alleging that he was denied an employment opportunity with Defendant due to its discrimination against him because of his religious [**4]  beliefs. On July 6, 1979, the Equal Employment Opportunity Commission issued Kern a right to sue letter and Kern properly filed suit in this Court within the following ninety-day period.

To establish a prima facie case of discrimination based on Title VII, Plaintiff Kern has the initial burden of pleading and proving: (1) Wade Kern’s bona fide belief that conversion to Islam is contrary to his religious faith; (2) that he informed his employer of his beliefs; and (3) he was discharged because of his refusal to convert. Although Kern was not actually fired from his job, both Kern and Dynalectron understood that the job required Kern’s conversion. Kern refused to continue working for Dynalectron because he did not want to be a Moslem. Had he not quit, however, Dynalectron would have fired him from this job since it required his conversion. Therefore, this Court holds that Kern was constructively discharged. Anderson v. General Dynamics Convair, etc., 589 F.2d 397, 17 FEP Cases 1644 (9th Cir. 1978), cert. denied sub nom.; Brown v. General Motors Corp., 601 F.2d 956, 959, 20 FEP Cases 94 (8th Cir. 1979); Brener v. Diagnostic Center Hospital, 671 F.2d 141, 28 FEP Cases [**5]  907 (5th Cir. 1982). Plaintiff here has established a prima facie case.

After the Plaintiff in a case such as this has proved his prima facie case by a preponderance of the evidence, the burden shifts to the Defendant. The United States Supreme Court, in a case vacating a Fifth Circuit opinion which misconstrued the defendant’s burden, stated:

The burden that shifts to the defendant, therefore, is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason. The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. The explanation provided must be legally sufficient to justify a judgment for the defendant. . . . We have stated consistently that the employee’s prima facie case of discrimination will be rebutted if the employer articulates  [*1199]   [**6]  lawful reasons for the action; that is, to satisfy this intermediate burden, the employer need only produce admissible evidence which would allow the trier of fact rationally to conclude that the employment decision had not been motivated by discriminatory animus.

Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 254, and 257, 67 L. Ed. 2d 207, 101 S. Ct. 1089 25 FEP Cases 113, 49 U.S.L.W. 4214, 25 Empl. Prac. Dec. (CCH) P31,544 (1981) (footnotes omitted). Thus, HYPERLINK “http://www.lexisnexis.com.rocky.iona.edu:2048/us/lnacademic/frame.do?tokenKey=rsh-20.980933.154773244&target=results_DocumentContent&reloadEntirePage=true&rand=1253049230518&returnToKey=20_T7347920681&parent=docview” l “clscc3” t “_self” HN3the burden that shifts to the defendant after the plaintiff has proven the prima facie case is one of production, not persuasion. The burden of persuasion never leaves the plaintiff regardless of the intermediate shifts in the burden of production.

One of the several ways in which the defendant can carry this secondary burden is by establishing that the discrimination was not unlawful since religion may be a bona fide occupational qualification (B.F.O.Q.).

The B.F.O.Q. defense is set forth in § 703(a) of Title VII:

Notwithstanding any other provision of this title . . . it shall not be an unlawful employment practice for an employer to hire and employ employees . . . on the basis of [**7]  religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

This defense has properly been construed by the cases as a narrow exception in order to avoid the situation where the exception swallows the rule.

In Weeks v. Southern Bell Telephone & Telegraph Co., 408 F.2d 228, at 235, 1 FEP Cases 656, 70 LRRM 2843 (5th Cir. 1969), the Court stated: “We hold that in order to rely on the bona fide occupational qualification exception an employer has the burden of proving that he had reasonable cause to believe, that is, a factual basis for believing, that all or substantially all women would be unable to perform safely and efficiently the duties of the job involved.” The Court went on to find that the defendant, employer had failed to meet this burden and therefore could not make use of the B.F.O.Q. exception. Also note that in Weeks, the case concerned sex discrimination, but the plain language of the B.F.O.Q. exception makes it equally applicable to religious discrimination.

In Diaz v. Pan American  [**8]  World Airways, 442 F.2d 385, 3 FEP Cases 337 (5th Cir. 1971), the Court looked to the primary function of the employer’s business to judge whether or not the B.F.O.Q. defense could properly be utilized. HYPERLINK “http://www.lexisnexis.com.rocky.iona.edu:2048/us/lnacademic/frame.do?tokenKey=rsh-20.980933.154773244&target=results_DocumentContent&reloadEntirePage=true&rand=1253049230518&returnToKey=20_T7347920681&parent=docview” l “clscc5” t “_self” HN5″The use of the word ‘necessary’ in section 703(e) requires that we apply a business necessity test, not a business convenience test. That is to say, discrimination based on sex is valid only when the essence of the business operation would be undermined by not hiring members of one sex exclusively.” 442 F.2d at 388 (emphasis in original). The Fifth Circuit held that the primary function of an airline is the safe transportation of passengers and, thus, hiring females exclusively as stewardesses could not properly fit into the B.F.O.Q. exception. That is, hiring male stewards would in no way undermine the essence of providing safe air transportation.

The United States Supreme Court has referred to the B.F.O.Q. defense as “an extremely narrow exception to the general prohibition of discrimination.” Dothard v. Rawlinson, 433 U.S. 321, 334, 15 FEP Cases 10, 53 L. Ed. 2d 786, 97 S. Ct. 2720 (1977). However, the Court went on to find that this exception was applicable [**9]  in the Dothard case and, thus, exclusively male “correctional counselors in a ‘contact’ position in an Alabama male maximum-security penitentiary” was legal discrimination pursuant to the B.F.O.Q. exception. 433 U.S. at 337.Two cases have upheld the use of the B.F.O.Q. exception in instances where the safety of third parties might be risked if the exception were not used. That is, the discriminatory acts were allowed to stand since preventing the discrimination in these cases would result in the diminished safety of third parties. Both of these cases involved the Age Discrimination in Employment  [*1200]  Act of 1967, 29 U.S.C. § 621-634 (1967) which contains a B.F.O.Q. exception that is identical to the one in Title VII.

In Hodgson v. Greyhound Lines, Inc., 499 F.2d 859, 7 FEP Cases 817 (7th Cir. 1974), the Court upheld a Greyhound policy of limiting new applicants for jobs as drivers to people under the age of thirty-five. The dispositive factor was the increased risk to Greyhound passengers if the policy were not upheld. “Greyhound need only demonstrate however a minimal increase in risk of harm for it is enough to show that elimination of the hiring policy might [**10]  jeopardize the life of one more person than might otherwise occur under the present hiring practice.” 499 F.2d at 863. See also a similar case: Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224, 12 FEP Cases 1233 (5th Cir. 1976).

The case presently in issue is unique in several respects: it concerns the possible application of the B.F.O.Q. exception to a religious discrimination case and it involves the safety of the employee only, not that of third parties. Clearly, Title VII makes the B.F.O.Q. exception applicable to religious discrimination cases. However, the instances where the exception is actually applied to such a case are few indeed.

In the instant case, discrimination exists: only pilots who either already are Moslem, or those who convert thereto, can be hired to fly from the Jeddah base into the holy area. Since all pilots stationed at Jeddah would be required to fly into Mecca, all of them must be Moslem. This Court as a factfinder holds that regardless of the exact moment Wade Kern found out about the requirement that he convert, he continued to perform his duties under the contract by travelling to Japan solely for the purpose of attending the indoctrination [**11]  sessions and completing his conversion to the Islamic faith. Further, when Wade Kern changed his mind about the conversion and returned to Fort Worth, he knew he could no longer keep his job flying out of Jeddah since he was not a Moslem. Plaintiff, upon his return to Texas, informed his supervisor, Mr. Zedikee that he could not convert to the Islamic faith in good conscience. As a non-Moslem, he could no longer hold the job that he had with Dynalectron. Dynalectron offered him a different job which started some months in the future which Kern declined to accept. Thus, the elements of Kern’s prima facie case are established.

The Defendant’s burden of producing a legitimate reason for the existing discrimination is properly sustained through the application of the B.F.O.Q. exception to Kern’s case. By applying the standard set forth in Weeks, this Court holds that Dynalectron has proven a factual basis for believing that all non-Moslems would be unable to perform this job safely. Specifically, non-Moslems flying into Mecca are, if caught, beheaded.

In the language used in Diaz, the essence of Dynalectron’s business is to provide helicopter pilots. In this instance,  [**12]  under a subcontract with Kawasaki Heavy Industries, the Defendant had to provide Moslem pilots for the Jeddah base. Specifically, the subcontract dated August 28, 1977, required that Moslem pilots and mechanics be provided as necessary for operations in the holy area of Saudi Arabia. Thus, the essence of Dynalectron’s business would be undermined by the beheading of all the non-Moslem pilots based in Jeddah.

As to the second unique aspect of this case, the fact that the safety of the employee is in jeopardy instead of the safety of third parties as was the case in Greyhound, this application of the B.F.O.Q. may be new, but it is certainly not without some precedent.

The specific facts of this case, e.g. where the safety of the employee requires the existence of religious discrimination, can be analogized to the often discussed situation involving discrimination against women of child-bearing age in order to protect the safety of their unborn children. The latter situation is a much harder one in which to apply the B.F.O.Q. exception since proof that a toxic environment directly harms women in this age group and not male workers who might father children is lacking.  [*1201]   [**13]  Thus, the discrimination against women hired to work in a toxic environment in favor of men would be hard to justify without a showing that men working in that environment are less apt than women to produce abnormal children. See: Comment, Employment Rights of Women in the Toxic Workplace, 65 Calif. L. Rev. 113 (1977). However, no such problem exists in applying the B.F.O.Q. exception to the instant case.

There can be no question but that non-Moslem pilots stationed in Jeddah are not safe as compared to Moslem pilots. Therefore, Dynalectron’s discrimination against non-Moslems in general, and Wade Kern specifically, is not unlawful since to hire Moslems exclusively for this job “is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business,” § 703(a) of Title VII. Notwithstanding the religious discrimination in this case, the Court holds and finds that the B.F.O.Q. exception is properly applicable.

There are cases which hold that mere stereotypic impressions of male and female roles or customer preferences of one gender over the other are not enough to justify discrimination as a B.F.O.Q., City of Los Angeles Dept. of  [**14]  Water v. Manhart, 435 U.S. 702, 707, 98 S. Ct. 1370, 1374, 55 L. Ed. 2d 657, 17 FEP Cases 395 (1978); Diaz v. Pan American World Airways, Inc., 442 F.2d 385, 389, 3 FEP Cases 337 (5th Cir. 1971), cert. den., 404 U.S. 950, 92 S. Ct. 275, 30 L. Ed. 2d 267, 3 FEP Cases 1218 (1971). It is also true that the same maxims are equally applicable to religious discrimination. That is, HYPERLINK “http://www.lexisnexis.com.rocky.iona.edu:2048/us/lnacademic/frame.do?tokenKey=rsh-20.980933.154773244&target=results_DocumentContent&reloadEntirePage=true&rand=1253049230518&returnToKey=20_T7347920681&parent=docview” l “clscc8” t “_self” HN8mere customer preference of one religion over another is not enough to raise religious discrimination to the level of B.F.O.Q. However, as is more fully explicated below, the case at bar is distinguishable from the customer preference cases.

Plaintiff would have this Court follow Fernandez v. Wynn Oil Co., 653 F.2d 1273, 26 FEP Cases 815 (9th Cir. 1981) wherein it is stated: HYPERLINK “http://www.lexisnexis.com.rocky.iona.edu:2048/us/lnacademic/frame.do?tokenKey=rsh-20.980933.154773244&target=results_DocumentContent&reloadEntirePage=true&rand=1253049230518&returnToKey=20_T7347920681&parent=docview” l “clscc9” t “_self” HN9″No foreign nation can compel the non-enforcement of Title VII here.” While this Court agrees with that statement and with its application to the Fernandez case, it is not applicable to the case at bar. In Fernandez, a female plaintiff sued her employer for discriminatorily not promoting her because she was female. The job to which she would have been promoted required her to deal with South American businessmen who [**15]  preferred not to do business with females. There, the Court stated that the mere fact that it was an international case did not distinguish it from other cases (cited in the previous paragraph of this opinion) wherein it was held that mere customer preference would not justify the use of the B.F.O.Q. exception. Thus, the Ninth Circuit held that the District Court erred in finding that being male was a B.F.O.Q. in this instance. This Court distinguishes the instant case from Fernandez.

First, the Court of Appeals in Fernandez upheld the District Court’s main finding that Ms. Fernandez was not promoted because she was not qualified: “Testimony was presented that Fernandez was not proficient in the English language . . . she had no secondary education . . . she had a drinking problem and erratic work habits . . . she was indiscreet in her criticism of [her boss] . . . and . . . she had exhibited poor supervisory and marketing skills.” 653 F.2d at 1275. Therein lies the basis for the District Court’s opinion and the Ninth Circuit’s affirmance. The District Court held only alternatively that being male was a B.F.O.Q. for this job. That portion of the opinion referring to [**16]  whether or not being male was a B.F.O.Q. was not dispositive of the case and it was only that part of the lower Court’s opinion which was overturned. Thus, the comments of the Ninth Circuit are for the purpose of clarification and do not control the overall decision of the Court.

Second, Fernandez was a typical customer preference case; whereas the suit presently before the bar is simply not a customer preference case, typical or otherwise. In Fernandez, simple male chauvinism prevented the South American businessmen from dealing with females:

Testimony in the record indicated that a female would have difficulty in conducting business in South America from a hotel room. No proof was adduced, however,  [*1202]  that the position required work of this nature. Nor does the record provide any basis for the district court’s findings that hiring Fernandez would “destroy the essence” of Wynn’s business or “create serious safety and efficacy problems.” There is, in short, no factual basis for linking sex with job performance. The BFOQ finding is accordingly factually erroneous.

653 F.2d at 1276 (emphasis added). The Court there relied on the fact that [**17]  being female had not been shown to adversely affect job performance. Thus, it could not be claimed that gender was a B.F.O.Q. for this job.

Unlike Fernandez, the case at bar contains ample facts upon which the Court may base its conclusion that being a Moslem was a B.F.O.Q. for this job. Stated another way, it is clear from the evidence adduced at trial that being Moslem was linked to job performance. In fact, as has been stated before, an absolute prerequisite to doing this job (flying helicopters into Mecca) is that one be a Moslem.

As to the statement contained in Fernandez that no foreign nation can compel the non-enforcement of Title VII here, this too is inapplicable to the present case. HYPERLINK “http://www.lexisnexis.com.rocky.iona.edu:2048/us/lnacademic/frame.do?tokenKey=rsh-20.980933.154773244&target=results_DocumentContent&reloadEntirePage=true&rand=1253049230518&returnToKey=20_T7347920681&parent=docview” l “clscc10” t “_self” HN10Title VII was written with a B.F.O.Q. exception which was clearly applicable to religious discrimination. Merely by using this exception and applying it to the instant facts, this Court is not engaging in the non-enforcement of Title VII. It clearly is applying Title VII’s B.F.O.Q. exception as it was intended to be applied (i.e. in those limited instances where one must tolerate religious discrimination where it is a necessity, in fact, a prerequisite for the performance [**18]  of a job). Thus, this Court is in no way allowing a foreign nation, here Saudi Arabia, to compel the non-enforcement of Title VII in this country.

The second count in Kern’s complaint is one against Dynalectron for breach of its employment contract. Plaintiff asserts that the contract does not specifically require the employee to be a Moslem and, thus, because Dynalectron failed to keep him on as an employee after he decided not to convert, it breached its contract with him.

However, based upon the facts that Kern was fully aware of the requirement that he convert and that he started to perform under the contract by attending the indoctrination sessions in Japan, this Court holds that he is now estopped from denying that he either knew or assented to the requirement that he convert to the Islamic faith in order to get the job. Moreover, it was Kern who failed to meet the known requirement that he convert; thus, Dynalectron in no way breached its contract with him.

Therefore, this Court concludes that Dynalectron did not breach its contract with Wade Kern.

FINDINGS OF FACT

1. Plaintiff, Mildred M. Kern, is a female citizen of the United States and a resident of Fort Worth,  [**19]  Tarrant County, Texas.

2. Defendant, Dynalectron Corporation, is a corporation incorporated under the laws of the State of Delaware, and is doing business in Fort Worth, Tarrant County, Texas.

3. Plaintiff has taken the necessary steps to confer jurisdiction upon this Court. Plaintiff, Mildred M. Kern, was duly appointed Executrix of the Last Will of Wade C. Kern and as the qualified Executrix of Mr. Kern’s Last Will was duly substituted as Plaintiff in place of Wade C. Kern on September 25, 1980, by order of this Court.

4. Wade C. Kern (hereinafter “Kern”) on or about August 7, 1978, entered into a written contract of employment with Defendant Dynalectron Corporation.

5. Pursuant to the employment contract with the Defendant Corporation, Kern commenced duty as a helicopter pilot and began training under the direction of the Defendant.

6. Kern was to perform duties as a helicopter pilot in the country of Saudi Arabia.

7. Defendant informed Kern prior to his departure for Tokyo, Japan, that a portion  [*1203]  of Saudi Arabia was within the Holy Area surrounding Mecca, located within Saudi Arabia and that it was required by the laws of Saudi Arabia that any person entering [**20]  the Holy Area be of the Islamic faith.

8. The employment contract of August 7, 1978, specifically refers to compliance with the laws and regulations of the country where services were to be performed.

9. Kern was aware of the religious laws of Saudi Arabia and that he would be required to perform some duties within the Holy Area.

10. The Contract of Agreement Heli-1 between the Minister of Interior, General Civil Defense Administration, the Kingdom of Saudi Arabia and Kawasaki Heavy Industries, Limited, Kawasaki Heavy Industries, Limited, -Search using: Company Dossier News, Most Recent 60 Days

Company Profilerequired that Moslem pilots and mechanics be provided as necessary for operations in the Holy Area of Saudi Arabia.

11. Defendant is a subcontractor of Kawasaki Heavy Industries, the primary contractor with the government of Saudi Arabia, for the maintenance and operation of helicopters within Saudi Arabia. Defendant’s subcontract specifically requires:

Moslem pilots and mechanics shall be provided as necessary for operations in the Holy Area.”

Kern was well-aware of this requirement.

12. Following his Islamic conversion in Tokyo, about noon on September 3, 1978, Kern changed his mind at about midnight that same day and returned to Fort Worth, Texas, and advised [**21]  Defendant that he had changed his mind about employment in a pilot’s position for Saudi Arabia.

13. Kern inquired with Defendant about other openings for air crews. He was advised by Defendant that he could be employed in January, 1979, in an air crew position not requiring the Moslem faith. Kern demanded that he be kept on the payroll of Defendant until such time, which action Defendant declined to take.

CONCLUSIONS OF LAW

1. To the extent that any of the foregoing Findings of Fact constitute Conclusions of Law, the same are adopted and are incorporated by reference herein.

2. The Court has jurisdiction over the subject matter of the suit by virtue of 42 U.S.C. § 2000e-5 and by 28 U.S.C. §§ 1331 and 1343.

3. Defendant corporation operates and maintains a business and is an employer within the meaning of 42 U.S.C. § 2000e(b) in that the company is engaged in an industry effecting commerce and employs at least fifteen persons.

4. Defendant requires for employment that an individual be a Moslem to perform the duties of helicopter pilot in certain portions of Saudi Arabia.

5. The requirement that an individual be a Moslem to perform the duties of a helicopter pilot in [**22]  certain portions of Saudi Arabia is a bona fide occupational qualification within the meaning of 42 U.S.C. § 2000e-2(e).

6. Kern voluntarily and unilaterally rescinded his agreement to work for Defendant and thus breached his obligation under the contract.

Judgment will be entered in accordance with this Memorandum Opinion.

Individual Company Analysis:

Estee Lauder

(Author’s name)

(Institutional Affiliation)

Introduction

Estee Lauder Company, Inc is an American company specializing in the manufacture and sales of skin care and hair care products specially designed for use by women. In addition to the company’s prestigious skin care products, the company has also ventured into the production of makeup and fragrance, so as to build on the company’s brand. With the headquarters in New York, the company has managed to build itself into one of the most recognized beauty brands in the world. Accordingly, the company has successfully managed to employ low-cost and high volume business strategies, all of which have played a role in the company’s financial growth and development.

This paper presents an individual company analysis of Estee Lauder Company Inc. The paper provides a financial analysis, internal analysis, as well as, an external analysis of the company in its industry. The paper also provides a comparison of the company’s financials with those of its competitors for the attainment of a proper comprehension of the analysis to be carried out. Conclusively, the paper examines the possible recommendations for the company, illustrating how these recommendations can be beneficial to the company.

Financial Analysis

In comparison to other organizations in the same industry, Estee Lauder Company Inc’s has proved itself as a financially decent company in the industry. This is clearly illustrated in the company’s ability to maintain a proper balance between its income and expenditure, which allows the company to enjoy profitability at its maximum. To conduct a proper financial analysis, one must first consider the company’s financial statements for the last two operating periods. Additionally, the competitors’ financial statements also have to be considered so as to provide a comparison of this. Estee Lauder’s financial strength and stability is illustrated in table 1, 2 and 3. Table 1 illustrates the change of the company’s financial between the current financial operating period and the previous financial operating period. Accordingly, the table indicates positive growth between these financial periods, which in turn illustrates the current financial state of the company. Evidently, the company’s revenue are on the increase as illustrated in the table, a trend that has been common for the company in the last three years. This increase is in comparison with the previous years that the company has been in operation, and as illustrated the financial changes as presented in percentage form are positive, which is an illustration of an increase in revenue. However, some of the changes are presented as negatives, which when translated financially, illustrate the company expenses that present an increase in sales and a decrease in costs. The company’s production activities are experiencing what can be termed as upward mobility, based on the statements produced for the last three financial years. Accordingly, this upward mobility is linked with the fact the company has managed to improve their resource management and technologies, while at the same time, reduce the variable costs incurred during manufacturing of products. Interestingly, the company illustrates steady financial improvement with the possibility of even more growth and development in the future.

Table 2, on the other hand, presents financial information regarding the common size statements for Estee Lauder Inc, as well as, its competitors. This information is based on certain variables including revenue and sales, and will be used to illustrate the factors that make this company stand out from its competitors in relation to financial management and control. Accordingly, information presented in table 2 indicates that Estee Lauder is far much financially efficient than its competitors. The revenue and sales cost as illustrated on the common size statement confirms the earlier notion that the company utilizes proper technologies, as well as, reduced costs for the sustenance of their financial health and stability. Additionally, this strategy is further brought out when compared to the company’s competitors as the statements visibly illustrate the company’s ability to utilize these two strategies for the attainment of a competitive advantage. This is achieved though a comparison of the company’s net income with that of its competitors for common share. According to the information presented on the table, Estee Lauder’s return is three times that of its competitors, thus implying the company as one of the best investment opportunities in the industry.

Conclusively, table 3 presents the financial ratios for Estee Lauders Inc, as well as, that of its competitors. The financial ratios presented in this table clearly indicate that the company is slightly above its competitors in terms of financial performance. Evidently, the company has very little debt and liabilities that is calculated in the quick ratio, current ratio as well as, the ratio of debt to equity. The company’s ability to sustain minimal debt and liabilities makes it the best possible investment in the industry, as it demonstrates a lower risk of investment for potential investors in the industry. Because the debts incurred by the company appear as being substantially small, potential investors may also risk the possibility of being termed as being unable to have leverage over its competitors. This is because of the common belief that companies that lack leverage have less returns on investment, which may be as bad for the company as it is good.

Table 1: Change in Financials

Estee Launders Inc.

Period Ending June 30 2011 June 30 2010 % Change

Income Statement Total Revenue Cost of Revenue Gross Profit Operating Expenses Research Development Selling General and Administrative Non Recurring Table 2: Common Size Statement for Case Firm and Closest Competitors

Table 3: Financial Ratios for Case Firm and Closest Competitors

Internal Analysis

Estee Lauder Inc has established itself as one of the leading companies, if not the leading company in the cosmetic industry. Its financial strong hold, as well as, its customer share has been responsible for the company’s success, and for that reason, an internal analysis is necessary to understand the application of this. Accordingly, three main factors have been identified as the company’s strengths including the company’s overall financial position, finances by products and price. In relation to financial position, the financial analysis carried out previously provides evidence of how the company’s financials are great strengths for the company. Accordingly, the financial statements illustrate that the company has the ability to balance its operations costs and revenues in such a way that it maintains its fair share of profitability. A closer examinations of the financial statements illustrates a 3% increase in the company’s revenues owing to the recent growth of the company’s products as is branches out into the production of new products. Additionally, the net profit incurred by the company also increases with every financial year, which reflects a growth of sales in the company. This is, however, not in America alone, but also in other geographical regions that the company has attained a significant market share size. Relevantly, the company’s operating income has decreased by 15%, whereas the company’s long-term debts have reduced by 4% in the last three years. Another strength identified for Estee Lauder Inc is finances by product, which refers to the amount of money made by the company for each product they sell individually. Accordingly, in the last three financial years, the finances by product have increased by 2%, illustrating the growth of sales owing to the launch of new products. When all of the sales are combined together, the net sales for the company are increased by 6%, which in turn reflects the growth the company incurred owing to the sale of individual products. Estee Lauder’s last strength I the price, which is a strategy that they have managed to successfully implement for the financial growth and development of their company. Accordingly, most of the company’s competitors focus on high-end customers, something that this company has gone against in the marketing and sale of its products. Estee Lauder has focused on the middle-income and low-income earners, thus making the sale of their products much easier in the market.

Interestingly, the Estee Lauder’s strengths are also the company’s weaknesses, as they both have their advantages and disadvantages. In relation to financial position, the increase in sales may be a disadvantage to the company, as the company is forced to put an equal amount of effort to sustain these sales. For that reason, the cost of sales increase as the company sales increase, which forces the company to incur costs that they would have otherwise used for investment purposes. Finances by products have also been proven to be a disadvantage to the company, thus the probability of being weaknesses for the company. Whereas some products may record a large number of sales hence greater return for the company, others do not provide the same return on investment for the company, thus putting the company in a risky position. Evidently, as the net sales for some of their company products increase, others, such as the fragrances are at a constant decline, which hurts the financial state of the company. Conclusively, the chief threats to Estee Lauder Inc include declining subsidies and government regulation, especially of beauty products that have been under constant watch in the last few years. By employing the right strategies, the company can overcome its competitors and gain competitive advantage in the cosmetic industry. The company should consider business strategies that build on t5he company strengths and lessen the weaknesses for a better financial state than is being experienced by the company at present.

External Analysis

The beauty and cosmetics industry in America is slowly gaining momentum as the market share continues to grow each year. This industry has successfully managed to convince their consumers to demand more products and services, which have in turn secured an increase in sales for most of the companies operating in this industry. Most of the consumers making up the market share for this industry include women of all ages, all of whom are old enough to use cosmetics. For that reason, the market share for this industry will endure constant demand, as women use cosmetics for a larger part of their lives. Accordingly, companies operating in this industry need to develop products and services that suit the client’s needs, and at the same time are available for all the consumers. Evidently, Estee Lauder Inc has recognized the demands of its markets, and has, therefore, developed products that not only meet the needs of the consumers, they are also affordable to the consumers. Accordingly, when compared to its competitors, it is clear that the company provides the cheapest products, thus allowing a growth of sales and market share for the company. The company’s key market is women above the age of 18, who are not willing to spend too much, that they cannot sustain their purchase of the firms products, and at the same time, not too little that they question the quality of the products they buy. The challenges that Estee Lauder may face in relation to this strategy is the probability of the company’s competitors to take up a similar business strategy, which might force the company to be pushed out of the industry. Companies such as Lo’real have provided Estee Lauder with its market share because of their high product prices. If the companies consider the possibility of reducing their prices, then the company might lose its market share in the industry. Most of the company’s competitors are larger and a bit more profitable when considered from the operations cost perspectives. Most of the company’s competitors are also companies that have properly branded themselves and are acknowledged as strong brands in the industry and the possibility of taking up the same business strategy would definitely put Estee Lauder out of business. In general, the company’s external environment is experiencing a rapid growth, which has in turn forced the company, as well as, most of the competitors to develop business strategies that will keep them in the market and ensure profitability for their companies. Only companies that have the ability to withstand the threats and weaknesses while working on their strengths will succeed in this environment.

Firm and Competitor Strategies

Value Chain Analysis

Recommendations

Name:

Professor:Course:

Date:

Bullying

In a world where we would want to assume everyone is a good person, this is often not the case. There are people who are bent down on ensuring that they make others feel bad about themselves by picking on them either on the basis of how they look, their background, skin color, disability, how they dress or even sexual orientation. Bullying can be defined as the use of force or threat towards someone, threats or abuse in order to make them feel intimidated. People who bully others have often been seen as people with a problem as they seem to enjoy seeing other people suffer. It is quite unfortunate that often the people involved in bullying are always children especially teens in high school. Bullying has often been associated with too much emotional impact on the victims and thus one needs to take actions in ensuring bullying stops.

In dealing with bullying the issue of right and freedom of speech arises. It is true one should be allowed to speak out their mind but a line needs to be drawn when this right seems to be causing harm to another person. In a world where technology has evolved so much, bullying has also evolved. Gone are the days where the coolest kid in the block picks on the least cool one or where a child who feels entitled picks on weaker students, nowadays internet is being used in trolling people (Kowalski, pg. 167-186). When one says something, it is important for one to reflect if the statement will cause any impact to the person for example emotional distress. There is also the argument that kids will always be kids and them picking on each other is no big deal. This argument although true, we know if a behavior is not corrected then one will carry on doing it even as adults.

I believe due to the effect of bullying including suicided and depression especially on the victim, it is important that we find ways to deal with it (Rigby, pg. 583-590). An example is legislation of laws that will help counter people from misusing the technology. As parents we should not dismiss our children’s behavior because they are kids but educate them and help them understand that bullying is not okay despite the age. It is important to note that most bullies are often troubled individuals and the best kind of punishment may be offering them professional help. People should also be educated on how the right and freedom of speech should not be used. To every right there is always a limitation and thus if one is causing harm or distress to a person by what they say then they are infringing on their rights

Supporting anti-bullying laws is important I ensuring we provide a safe space for everyone. We are mothers, fathers, sisters, brothers, uncles or aunts and at no point would we want to see our relative or friend going through a situation or being bullied online by strangers who believe to be exercising their freedom of speech. It is true that words cut deeper than a sword and although we are often taught to ignore what strangers say about us online, one way or another we will often get comments that will get to us.

Works Cited

Kowalski, Robin M., and Gary W. Giumetti. “Bullying in the digital age.” Cybercrime and its victims. Routledge, 2017. 167-186.

Rigby, Ken. “Consequences of bullying in schools.” The Canadian journal of psychiatry 48.9 (2003): 583-590.

Name

Professor

Course

Student’s Name

About Bienvenidos Campus

Fullerton College United Program (FC)

Representative: Brisa

Activities:

Issues students transfer to a four-year university program.

Community services.

Students Empowerment through education and unity.

Upcoming events:

District-wide staff development

Supportive services to address psychosocial stressors

Students’ functions such as planning activities, networking, and graduation.

Meeting:

Every Thursday at 3 pm

Room 300

The Sociology Club

Representative: Julio

Activity:

Deals with things concerning the community on and off the campus.

Upcoming event:

School law to prevent suicide (5th September 2018).

Meeting:

First or third Tuesday of every month

Room 311 between 1:30 to 2:30 pm

Movimiento Estudiantill Chicano de Aztlan (M.E.Ch.A)

Representative: Laura

Activities:

Talk to the Chicano students on the things running in the campus regarding the scholarships and durability help program.

Meeting:

Wednesdays at 1:30 pm to 3:30 pm

Room 1013

Involvement: membership is guaranteed through signing up and attending the meetings.

Research Center

Representative: Jasmine

Activities:

Provide services to students who are students who are undocumented or documented to raise an occasion.

DACA retrieval support group

Meeting:

Members meet once in a week on Wednesday.

Upcoming event: Infix*

KinderCaminata Program

Representative: Cindy

Activities:

Volunteer opportunity to students.

Kindergartners are taken to see diversity with students and campus.

Meeting:

Once per week

Involvement: membership gained by signing up on their website.

Upcoming Event: 8th March

Students Equitable Sustainability program

Representative: Carlee

Activities:

Educates students on mutually sustainable habits and clubs

Transmit their effects to the environment and people.

Meeting:

Members usually meet weekly on Wednesday from 4 to 5 pm.

Room 1426

Upcoming events: Bench clean up and motivational speaking about social injustice (20th September).

Robotics Clubs

Representative: Daniel

Activities:

Explicitly offers services to the students where they use stem applications to create robots.

Meeting:

Members meet on Thursdays from 3 to 4 pm.

Involvement: Coming to meetings

AGS

Representative: Brandy

Activities:

Involves the voluntary clubs for students and was the in this case.

Meeting:

Every Saturday between 3 to 4 pm

Room 1429

Upcoming event: Car show event held by the ARK movement which is a car dealing organization.

Growth Mind-Set Club

Representative: Natalie

Activities:

Improving studying skill and

Teaching how to approach the specific subject through their workshops.

Appointment: Organizations and students can willingly contact it for assistance.

Cultivating campus kindness center

Representative: Les-sie

Activity:

Profoundly reminds students to be kind.

Meeting:

Members usually meet at the 2nd and 4th Thursday of the month.

Science Club

Representative: Cynthia

Activities:

Scientific and technical inventions

Meeting:

1st and 3rd Tuesday of the month.

Involvement:

All the majors are welcomed.

Upcoming event:

Bench clean up at Bolsa Chica.

Debate club

Representative: Toni

Activities:

Debate tournaments.

Give speeches to all students.

Meeting:

Members meet on Friday at 12:30 pm.

Room 525

Upcoming event:

Debate tournament in the first week of October.

Fullerton Christian Students Club

Representatives: Charles and Mathew.

Activity:

Provide services to people on how to have a personal relationship with the lord.

Bible study.

Meeting:

Mondays and Tuesdays from 6:30 to 9 pm.

Upcoming events:

Bible study

And conferences from different schools.

Associated Students Program

Representative: Josh

Activity:

Provides advocacy bout to the members.

Meeting:

Every 1st and 3rd Tuesday of the week between 10 to 1 pm.

Room 227

Upcoming event: A Quad haunt at 31st October.

Financial Aid Center

Representative: Rachel

Activity:

Facilitates funding for the school and students.

Meeting:

The students’ workshops are held on Friday at 9:30 pm.

Room 611.

Counselling Center

Representative: Theydon

Activity:

Education and graduation planning.

Appointment: To be dropped in at the relevant time.

Upcoming event:

Awareness week to be held on 3rd October.

FVSI Program

Representative: Yolanda

Activities:

Helps students who have children.

The cat works program welfare deals with cash aid regarding academic, book paid, childcare and helps in getting services like gas cards.

Appointment: an online platform

Academic Support Center

Representative: Caroline

Activity:

Assists students who struggle in any classes.

Hold workshops for writing and tutoring.

Extended Opportunity Program Service

Representative: Yanette

Activities:

Target students who have low income capability

Fostering youths through providing registration priority.

Upcoming events:

The Book Service Award

Financial aid assistance.

Library Services Center

Representative: Val

Activities:

Helping the students with education materials

Provides assistance on research activities.

Meeting:

Book reading group meetings are held once a month from 3 to 4:30 pm.

Room 822.

Upcoming event:

One on one consultation on 20th September.

Bullying in Schools

Name:

Institutional Affiliation:

Bullying is a form of aggressive behavior that is intended to frighten, harm or coerce someone. The bully is often someone in a position of power who actions have an intent and repeats their actions over and over again. The victim in the situation suffers in different ways including psychologically, physically or socially. Bullying has a variety of causes and inflicts much damage on both the bully and the victim. Schools are no strangers to bullies as it is often where bullying begins at a young age. Today there are many movements against bullying and any form of discrimination. In order to understand bullying, it is important to look at the causes and effects in order to find a way to most effectively deal with it.

The causes of bullying are many and varied. One of these causes is gender norms embedded in children by society. Males are often considered to be dominant while women are considered to be weak and subservient to men. It is these perceptions that will lead boys to target young girls. There are many forms of gender violence and inequalities in society that mislead the young boys and men to think that is simply the order of things.

Discrimination is another important cause of bullying. Some discriminatory practices are spread through the school curriculum and other practices in schools. Gender discrimination also emphasize that men and women can only play a specific role in society hence leading to subjugation and a toleration of violence especially towards women. Corporal punishment in schools also encourages bullying (Juvonen, J., & Graham, S. 2014). It passes the message that violence is okay and can be tolerated.

The school environment itself is an important contributing factor to whether a bullying culture develops or not. Some students in schools find themselves idle and having nothing else to do, they choose to pick on those they consider to be inferior to them in one way or another. They bully them simply as a way to pass their time. If schools do not have a strong anti-bullying practices and policies, it creates an environment for bullying to thrive. For example, if a student has been bullied and makes a report to their teacher or any other school staff and they fail to take any action, it signals that it is not a problem. The bully will grow bolder and even torment other kids as they know that there is no one willing to punish them for their deviant behavior. The victims will keep suffering in silence and this will eventually lead to major damage that might go on to last a lifetime (Juvonen, J., & Graham, S. (2014).

Bullying in school is not just about school life. Children come from different families and communities and this context can be a determinant on whether the child becomes a bully or not. If the culture of bullying is permitted at home and the parents or guardians do nothing to stop children from bullying each other, such bullies will tend to take this behavior with them to school. A community where gang violence is considered the norm will give birth to violent children who will bully others. Bullying is a reflection of the wider society in which the bullies and victims come from.

Bullying has profound effects both on the bully and the victim. Some effects such as anxiety, depression and other psychological symptoms will be common to both the victim and the bully. Bullies will also tend to develop antisocial personality disorder and have higher risk of committing other crimes. The victims suffers the most with short term effects such as lack of trust, anger, feelings of helplessness, significant decline in school performance, hyper vigilance, PTSD and even suicide. Those who have been bullied may go on to become bullies themselves in a desire to seek revenge for their own suffering (Wolke, D., & Lereya, S. T. 2015).

Understanding the causes and effects of bullying can give important pointers on the solutions to the problems. School should be a place where children can feel safe in order to be able to learn as much as they can in a stress free environment. The first step in dealing with bullying is ensuring a good communication policy where those who have been bullied are free enough to speak to a trusted adult or friend. Staff and children should be trained on what to do in case of bullying. Art such as poems and plays can be an important way of passing across anti-bullying messages. Teachers can also have meetings in the classrooms with their students to teach them about bullying (Smith, P. K., & Thompson, D. (2017). Action should be taken against bullies while still taking into consideration the fact that a bully’s actions can signal a much deeper problem. Communication is very important.

Bullying is an undesirable part of the education system and much has to be done to fight this culture. The main causes include an enabling environment and societal norms such as gender stereotypes. It has significant effects on both victims and bullies such as anxiety and depression (Wolke, D., & Lereya, S. T. (2015). Solutions to bullying can be found by educating all the parties involved on ways to eliminate it including communication. Parents, teachers, students themselves and other staff members have a responsibility to keep their schools a safe place for everyone.

References

Burton, B., Lepp, M., Morrison, M., & O’Toole, J. (2015). Acting against bullying in schools. In Acting to Manage Conflict and Bullying Through Evidence-Based Strategies (pp. 79-98). Springer, Cham.Juvonen, J., & Graham, S. (2014). Bullying in schools: The power of bullies and the plight of victims. Annual review of psychology, 65, 159-185.

Smith, P. K., & Thompson, D. (2017). Practical approaches to bullying. Routledge.Wolke, D., & Lereya, S. T. (2015). Long-term effects of bullying. Archives of disease in childhood, 100(9), 879-885.

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Student’s Name

About Bienvenidos Campus

On attending Bienvenidos welcome day, I visited various booths and learned about different departments, clubs, and organizations found in the campus. To get the right information about the campus various representative were briefly asked about their relevant fields on the type of services they offer, the clients, their location and functionality as well as the planned events. Among the different booths found in the campus include FC United Program, Sociology Club, M.E.Ch.A Program, Research Centre, Kinder Caminata Program, Students Equitability Sustainability Program, Robotics Club, AGS, Growth Mindset Club, and Cultivating Campus Kindness Program. Also, there are others like Science Club, Debate Club, Fullerton College Speech and Debate, Associated Students Program, Financial Aid Center, Counselling Center, Academic Support Center, FVSI Program, Library Services, and Extended Opportunity Program Services.

The Fullerton College United Program whose representative is Brisa deals with issues of students who want to transfer to a four-year university program and community services as the way of empowering student through education and unity. The FC United has planned for some events such as district-wide staff development, supportive services to address psychosocial stressors and other students’ events such as planning activities, networking, and graduation. The Sociology Club whose representative was Julio entails things concerning the community on and off the campus. Coming 25th September, the club has an event directed towards providing a law to prevent suicide. Their meetings are held either at the first or third Tuesday of every month.

The Movimiento Estudiantill Chicano de Aztlan is a program directed to talk to the Chicano students on the things running in the campus regarding the scholarships and durability help program. The meetings are held during Wednesdays at 1:30 pm to 3:30 pm room 1013 where membership is guaranteed through signing up and attending the meetings. The programs representative who provided the information was Laura. Research Center is another department found in the campus that provides services to students who are students who are undocumented or documented to raise an occasion. Jasmine is the representative, and the members meet once in a week on Wednesday. The KinderCaminata Program volunteer opportunity to students and the Kindergartners are taken to see diversity with students and campus. Cindy provided the information, and one gets involved by signing up on their website.

The Students Equitable Sustainability program educates students on mutually sustainable habits and clubs where they transmit their effects to the environment and people. The upcoming events include bench clean up and motivational speaking about social injustice at 20th September. Carlee was the organization’s representative, and members usually meet weekly on Wednesday at 4 to 5 pm. The Robotics Clubs offers services explicitly to the students where they use stem applications to create robots. The respective representative was Daniel, and they meet on Thursdays from 3 to 4 pm. The AGS involves the voluntary clubs for students and Brandy was the representative in this case. There will be a car show event the coming Saturday held by the ARK movement which is a car dealing organization.

Growth Mind-Set club as the entire name suggests deals with improving studying skill and how to approach the specific subject through their workshops. The organization’s representative was Natalie and students can willingly contact it for assistance. Cultivating campus kindness center represented by Les-sie reminds profoundly reminds students to be kind, and the meetings are usually held at the 2nd and 4th Thursday of the month. The Science Club deals with scientific and technical inventions where all the majors are welcomed. What Bench clean up at Bolsu chica is the upcoming event. Cynthia represented the club and meetings are held on the 1st and 3rd Tuesday of the month. Debate club represented by Toni is an organization that deals with debate tournaments and speeches to all students and members meet on Friday at 12:30 pm. There will be a debate tournament in the first week of October.

Fullerton Christian Students Club has a religious basis where they provide services to people on how to have a personal relationship with the lord. They usually have bible study on Mondays and Tuesdays from 6:30 to 9 pm and their representatives were Charles and Mathew. The major upcoming events are bible study and conferences from different schools. The Associated Students Program provides advocacy bout to the members, and their representative was Josh. They meet every 1st and 3rd Tuesday of the week, and there will be a Quad haunt at 31st October. Financial Aid Center facilitates funding for the school and students, and Rachel was the program representative. The students’ workshops are on Friday at 9:30 pm, room 611. Counselling Center entails education and graduation planning where appointments can be dropped in at the relevant time. Their representative was Theydon, and the major upcoming event will be awareness week to be held on 3rd October.

The FVSI Program deals on the students who have children and the representative were Yolanda. The cat works program is welfare that deals with cash aid regarding academic, book paid, childcare and helps in getting services like gas cards. Academic Support center whose representative was Caroline assists students who struggle in any classes and also have workshops for writing and tutoring. Extended Opportunity Program Service target students who have low income capability by fostering the youths by providing registration priority. The upcoming events include the Book Service Award and financial aid assistance. Library Services center in the campus plays a significant role in helping the students with education materials as well as research papers, and the representative was Val. Book reading group meetings are held once a month, and there will be a one on one consultation at 20th September.

There is a wide range of clubs, organizations and centers in the Bienvenidos campus making it one of the best place to get an education and providing a conducive environment for studying as well as acquiring technical skills.