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HITT Contracting Incorporation

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About HITT Contracting Inc.

Founded in 1937, HITT Contracting is among the leading general contractors in the South Florida market with offices in Atlanta, Washington DC, Houston, Dallas, New York, Santa Clara, Fort Lauderdale, and Charleston. HITT Contracting specializes in law firms, corporate interiors, hospitality, financial institutions, healthcare construction and government construction projects in various regions, including West Palm Beach, Fort Lauderdale, and greater Miami. Regarding ownership, Russell Hitt’s son and son-in-law, Brett Hitt and Jim Millar respectively, are co-chairs of the company’s Board. The two share ownership responsibilities. Initially, HITT Contracting was founded by Myrtle Hitt and Warren Hitt in 1937. Until his death in September 2020, their son Russell A. Hitt served as the company’s chairman emeritus. Together, fathers and sons of the Hitt family have led the organization’s growth into among the top 25 general contractors in the United States. The company maintains a workforce of over 1,000 team members and continues to bring on board self-driven candidates to join the team and contribute to its ongoing success. In furtherance of the company’s mission, the company uphold various core values, including working hard, staying humble, elevating the business of building, being good, taking the high road, attention to detail, and delivering with passion. This text provides an analysis for HITT, including competitive analysis, company analysis, product analysis, customer analysis, and market analysis. The text further delves into how HITT’s services can be developed in markets in developing and developed countries and discusses the future of marketing.

Competitive Analysis

HITT Contracting’s primary competitors are Turner Company, EllisDon and Clark Construction, PCL construction, Ellisdon, Shimmick Construction, Novo Construction, McCarthy. AECOM, LERNER, and Hensel Phelps. The company which has its headquarters in Falls Church, Virginia has revenue of 2.4 billion dollars, with its main business being provision of commercial real estate services for corporate education, hospitality, office, government, and healthcare sectors. HITT Contracting’s main source of competition has to be Clark Construction whose president and CEO has a CEO rating of 91/100 compared to HITT Contracting’s CEO rating of 74/100. Clark Construction has a competitive edge in the sense that its revenue and employees are higher than HITT Contracting’s. Clark generates revenue of 5 billion dollars and employs over 4,200 employees compared to 2.4 billion dollar revenue and a workforce of about 1,000 employees. Turner Company is also proving to be a source of competition generating a revenue of 14.4 billion dollars and over 10, 000 employees. Turner’s CEO rating stands at 74/100 which is the same as HITT Contracting’s. Additionally, EllisDon is a source of competition producing a revenue of $4.4 billion, a CEO rating of 81/100 and employing about 5,000 individuals. PCL Construction is another notable source of competition for HITT Contracting. PCL has an employee workforce of 4500 individual and an annual revenue of $6.3 billion. Worth noting, Dave Filipchuk, the company’s President and CEO has a CEO rating of 76/100 compared to HITT Contracting’s CEO rating of 74/100. Other potential competitors include Donhoe Companies Inc., Keller North America Inc., and James G. Davis Construction Corporation, with 1,400, 2, 400 and 584 employees respectively.

Company Analysis

Doing business as Hitt Contracting Inc., the company has hit the nail on the head in matters general contracting. The corporation provides construction services for corporate building and interiors in nearly all sectors ranging from technology to healthcare. HITT Contracting handles historical renovations to eco-friendly projects. HITT Contracting conducts business in various industries including the construction of buildings construction, non-residential building construction, renovation and repair, commercial and office buildings, and commercial and institutional buildings. According to Improvements-Institutional, 2018 data center HITT Contracting also operates in industries in construction such as land subdivision, building equipment contractors, residential building construction, street and bridge construction and utility building construction. HITT Contracting Environmental Social Governance (ESG) ranking is 1.0 with an ESG industry average of 2.68. The company has an average annual revenue of 1.22 billion US dollars. Hitt Contracting is the ultimate parent company with one subsidiary and 11 branches. HITT Contracting is mostly classified as a company with operations in Nonresidential Building Construction industries. Some of the strengths that come with being an employee of HITT Contracting Inc. are outstanding management and leadership, room for personal development and a conducive work environment. Additionally, the company provides good work pay and employee benefits and supportive team members. On the other hand, some of the perks of working at the company include young and inexperienced personnel in preconstruction, high levels and stress and lean corporate resources.

Product Analysis

HITT Contracting Inc. works with construction professionals to provide clients with a variety of services that range from service and emergency work to base building construction and renovation and corporate interior fit-outs. With HITT Contracting Inc., it is more than construction; it is shaping possibilities, building dreams, and defining spaces that surround us.

With an experience of over eight decades in service provision that goes beyond the client expectations, HITT Contracting has a portfolio of award-winning constructions particularly for commercial build environments. They deliver projects that are redefining commercial real estate in America and beyond from office spaces and mixed-use industrial campuses of the future.

The Company has notable projects including Intelsat, that features a six-level monumental stair and multipurpose room with 28 ceilings that can fit up to 330 individuals. Another notable product is located at the Radio Oncology Center at George Washington University Hospital. It is an occupied renovation that entails a CT scanner and two linear accelerators. The Verizon NAP of Capital region also features five independent data centers featuring 187 million dollars and a 508 unit 21-story and 19-story tower worth up to 150 million dollars.

Customer Analysis

As regards customers, HITT Contracting Inc. provides services to customers that are in need of services ranging from renovation to build base construction to emergency services, and interior fit-outs. They provide services to clients in the corporate arena as well as public business. HITT Contracting Inc. values their customer experience which is why they employ client-centered strategies to ensure customer satisfaction. In 2019, HITT Contracting Inc. set aggressive goals with the aim of genuinely embracing the customer experience. A year later, they chose customer experience pilots to help take the management program to the next level. The program approach had four phases. They audited the existing feedback from partners and clients to determine the feedback loopholes and generate insights for improvement. They further facilitated the first wave of journey maps and outcome-oriented client personas. They further carried out an analysis of the corporate training program and make recommendations to inject client experience into the programming. They further revised the organizations approach to brand and purpose to ensure it aligns with the renewed commitment and client experience. Some of the solutions that were implemented as a result of the program were utilizing technology for client feedback, evaluating partner and client feedback collection, and redefining survey questions. As a result, various changes were realized. There was a deeper team and leadership engagement, increased visibility for the firm, and more knowledge of the client’s expectations and sentiments. Additionally, HITT Contracting Inc. saw better brand and purpose alignment, increased knowledge about client sentiment and expectations, better understanding of client feedback system, and corporate brand architecture. In essence, the client expectation program helped HITT Contracting Inc. to deliver robust journey maps into driving a customer-centric culture and innovative customer experience.

Market Analysis

As far as the market goes, HITT Contracting Inc boasts of clients in matters construction from across the world. HITT Contracting Inc. entered the Houston Market in 2016, making the company’s latest acquisition of trademark. They announced the taking over of a Houston-based Trademark contractor that had an experience of over 30 years. The chairperson, Bret Hitt, noted the company’s excitement to welcome the contractor on board. The purpose of the collaboration was to create a bigger impact on their clients within Texas and beyond. The acquisition of the trademark allowed HITT Contracting to expand their ability to cater to clients in key sectors such as technology, healthcare, commercial base building construction, and corporate interiors. They move was 55 new office employees operate with the organization’s trademark. To further expand its operations, HITT recruited additional construction talents. Worth noting, the synergy between the teams allowed both organizations to view the acquisition as national experience to push them into getting to the next project in size, volume, and scope. Across the United States, HITT Contracting is ranked the leading commercial construction company in the field with its annual revenue amounting to 1 billion dollars. Worth noting, HITT Contracting is ranked by ENR as among the 100 largest general contractors. HITT Contracting continues to maintain its regional offices in South Florida, Atlanta, Charleston, Denver, and satellite offices in Dallas, Baltimore, Seattle, and Richmond. HITT Contracting maintains client-oriented team that meets the need of all programs that require changing the building shells and complete owner fit-outs. Worth noting the company has a wide range of employees including trained and skilled in-house, to provide round-the-clock support to clients following initial occupancy. The company’s way of maintaining excellence and quality speaks to its core mission and its structure. HITT Contracting Inc. teams are often organized into expert market sectors that have a specialty in various aspects, including technology, paint and service, law firms, industrial services, hospitality, healthcare services, government, and building and interiors. Additionally, there are other divisions that complement the market sector teams, including preconstruction, subcontractor relationships, and sustainable construction.

Product Expansion in Markets in Developing and Developed Countries

For HITT Contracting Inc. to expand its construction services to developing and developed countries, it will need to employ a variety of tactics, including collaboration and building from the ground up. According to the hitt.com website, For HITT Contracting to be the renowned construction guru, it has had to collaborate with other contractors. Collaborations are particularly viable for developed countries such as other states where it has not yet established subsidiaries and other countries such as Canada, and across Europe. HITT Contracting has more chances of success when it works with subcontractors as it places them in a position to reach a greater clientele. Without a doubt, new building technologies, approaches, and materials have the potential to completely change the future of construction. Compared to developing countries, developed ones are quick to accept innovation. HITT Contracting remains committed to the ever-changing construction industry. Innovation in the construction sector derives sustainability and well-being and learning and solutions for all stakeholders and partners. As regards underdeveloped countries, HITT Contracting Inc., should start with building sustainability from the ground up. Using built strategies such as mass-timber construction ensures that structural wood remains connected with fasteners. This would make the building not only sustainable but also safe. It would still remain as strong as concrete or steel. Worth noting, mass-timber constructions are not only easy to bring down, but they can also be reused when no longer in use. Recycled finishes and materials can be used throughout the solar panels and entire building to ensure the facility accesses all the energy it needs. With such solar panels, it is possible to input charging stations for visitors.

The Future of Marketing

The changing face of marketing can be best described using the changing marketing channels and the growing consumer dominance. Old school marketing only employed traditional channels of marketing such as broadcasting and print media. However, we are living in a digital age where new school marketers continue to employ traditional methods but combine them with digital technologies bringing deeper and improved customer experience. It is important to care about consumer behavior it speaks to the customer experience. Today client needs have taken center-stage. As creators come up with new products and services they are keeping the needs and wants of their customers at the back of their mind. This shows that, without a doubt, customers have dominated the marketing field. There is need to anticipate future customers as they are bound to be even more essential as end-users of nearly all company products are changing in location, number and makeup at an ever rising rate. Worth noting, there has also been a significant rise in the market for personalized services with consumer services now accounting for 40-50% of consumer purchases. Additionally, customers’ tastes are also becoming more flexible, varied, and demanding. For instance, the rising demand for wood products; the traditional manufacturer today sells a variety of products that never existed years ago, but due to collaborative marketing and product-based research, they are able to get products that meet the market demand.

References

Improvements-Institutional, C., & Improvements-Non-Institutional, C. (2018). Datacenter.

Hitt.com

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

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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.

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Persuasive Speech

The speaker has a very high level of confidence, as this is the first and foremost impression created on the audience. She portrays herself as more accurate, competent, credible, intelligent, and knowledgeable. This vital issue makes her have a higher likelihood of persuading the audience at hand. She also has a commendable storytelling art since she applies relevant context for her audience to connect. She also displays a distinct ability to create an easy and comfortable atmosphere with her audience by using varying tones and pitch. It helps the audience understand her narration better and how it is intended. She displays the ability to speak without memorization and so places minimum dependence on her notes. It makes the speaker keep the story short and precise. Moreover, since she tries to persuade her audience by a narration, she avoids veering off the point and ambiguous statements that don’t add value to her narration.

The speaker maintains eye contact enough to try and establish a connection with her audience. By holding it, she creates a bond between herself and her audience, a relationship that is beneficial to both parties. The link made steers her conversation and eventually increases her confidence. When she looks at her audience in the eyes, then there is a more likelihood that they will look at her and thus increase the chances of persuading her audience to take up volunteer positions in the Special Olympics. It is also worth noting that the speaker does not maintain eye contact with an individual listener; instead, she lays her eyes on every part that the audience occupies in the entire room. Even though she refers to her notes, it is critical to note that she ensures that eye contact is in place to drive the point home whenever she delivers a crucial point.

The speaker has used different rhetorical appeals to demonstrate the need to participate in the Special Olympics. The speaker has used Pathos, where she appeals to the audience to become volunteers. She achieves this when she tries to paint a scenario of positive future results, such as having an extensive network of friends only after following the course of action, though becoming a volunteer. She knows how to connect a path where it counts to try and make her audience feel it. The speaker also uses logos by giving out statistical facts and figures. She argues that according to the Special Olympics website, more than 1.3 million people participate in the Olympics, which is an undisputed fact. She also incorporates reasoning during her persuasion when she tells her audience to think for a moment what would happen if one of the kids fell onto their arms or rather, they were theirs.

The speaker has used Monroe’s motivated speech sequence pattern to persuade her audience to become volunteers in the Special Olympics. She has gone ahead to start with the attention step by introducing a story that captures the listeners and makes them more attentive to the discussion topic. At the end of the narrative, the speaker convinces her audience how they are connected to the issue. She states that as the Special Olympics continue to grow, so does the need for volunteers to coach athletes. In part 3, which satisfies the need, the speaker persuades her listeners that the solutions she is proposing, including becoming a volunteer, or fundraiser are the most effective strategy in taking part. In visualizing the future, the speaker tells her audience to think of how others would feel if they came to their aid. While at the actualization stage, the speaker requests her audience to visit the Special Olympics website or use the brochures’ contact details to get started.

The young athletes can flourish under their spotlight and cross their finish line in their own Olympics. She stated that in In1968, the world embraced that the disabled be respected as valued members of society. She tells them to think of what would happen if one of the kids fell onto their hands. As Special Olympics continue to grow, so does the need for volunteers. She goes further to ask her audience what they can do to help but gives them an answer that they can help by becoming volunteers. She provides alternatives for those who feel that they can’t handle trainees as coaches, including working behind the scenes, fundraising, or organizing events. She also states that their contributions could last from a day, year, or lifetime, depending on commitment level. She wraps up by quoting that:” Let me win and if I cannot win let me be brave in the attempt.”

The speaker persuades due to several facts. She is confident in terms of speech and her body movement, such as eye contact, which increases the probability of persuasion. She is also up to the task as she seems to have prior and substantial knowledge of the topic and does not frequently refer to her notes. She is consistent in whatever she is discussing and emphasizes becoming a volunteer in the Special Olympics. The phrase “a volunteer” has frequently been repeated to ensure the audience gets the topic of discussion and to make the topic sink. Another distinctive feature worth noting is that since the speaker needs her audience to be receptive to her line of thinking, she always explains why. She finally provides her audience with a glimpse into the future of volunteers and gives them a wide range of possibilities from social support to an extensive friendship network.

TO: LEGISLATORS BELONGING TO THE MENTAL HEALTH INITIATIVE COMMITTEE

FROM: DIAMOND MARIE BRELAND

SUBJECT: BUIDLING BRIDGES TO ACCESSIBLE MENTAL HEALTH CARE

CC: DR. NANDAN KUMAR JHA

SEPTEMBER 8, 2018

Introduction

The inaccessibility to Mental Health has become problematic in the United States. Each year, millions of Americans with mental illness struggle to find care. Nearly half of the 60 million adults and children living with mental health conditions in the United States go without any treatment. People who do seek treatment must navigate a fragmented and costly system full of obstacles. Many people cannot access mental health care when they most need it. Despite the passage of federal mental health and addictions parity law in 2008, significant barriers exist in obtaining mental health treatment and support. Barriers include high rates of denials of care by insurers, high out-of-pocket costs for mental health care, difficulties accessing psychiatric medications and problems finding psychiatrists and other mental health providers in health insurance networks. In 2016, NAMI, the National Alliance on Mental Illness, conducted its third nationwide survey to explore the relationship between health coverage and access to mental health care. The study found that people with mental illness continue to experience significant barriers to finding affordable, accessible mental health care. These barriers exist whether the person is covered by private insurance or by a public plan such as Medicaid.

Specific Challenges

1. Difficulty finding a new provider

In the United States, getting psychiatric care has been harder than it should be, patients around the country have challenges booking appointments for outpatient care (Linehan, 2018). Besides, the mental health patients face significant hurdles concerning the provision of the inpatient psychiatric care. Various reasons can be attributed to this difficulties:

a. Current Providers are overwhelmed

The number of the psychiatric patients in the United States are limited. With the limited supply of the psychiatric therapists and more people are obtaining insurance coverage under the Affordable care act. A large number of the psychiatric doctors are not taking new patients as they are already overwhelmed with the current number of people with a mental health condition, and this makes it harder for the new patients to obtain care from the doctors. According to Dr Renee Binder, the immediate past president of the American Psychiatry Association, there is a shortage in the number of psychiatrists, and the number gets to be more limited when it comes to those that deal with child and geriatric psychiatry. Per the American Medical Association, the numbers of the children and adult psychiatrist only increased by 12 per cent since the year 1995 to 2013, that is from 43,640 to 49,079. The number lags far behind the 45 per cent increase in the total number of physicians as well as the general population growth in the United States.

Despite the efforts by the Mental Health and Addiction Equity Act that was enacted in the year 2008 to ensure that the mental health services got covered in level with the medical and the surgical health insurance benefits. Psychiatric experts articulate that the coverage of mental health in the United States still lags, and this compels a large number of the mental health patients to pay out of pocket for the psychiatric services or even forgo the coverage. A large number of psychiatrists, on the other hand, don’t accept the private insurance or even the Medicare, while others have decided to opt out of insurance plans or networks, as they cite what they perceive as the unfavorable reimbursement levels.

b. Not enough providers to meet demand

The demand for the mental health services is on the rise nationally, and this can be attributed to the rising number of mental health patients both adults and children and the limited number of the psychiatric health providers such as the psychologists, psychiatrists, counsellors as well as therapists in the United States. As a result, the comprehensive mental health legislation is gaining momentum in Congress for the first time in many years. According to Thomas Insel, the director of the National Institute of Mental Health, More than half of the United States counties have no mental health professionals and therefore do not have any access to the mental health services.

According to statistics, nearly one out of five individuals in a population of about 43 million people had a diagnosable mental health condition within the past year. To almost 10 million individuals, the situation was more pressing to affect their ability to carry out their daily activities. Millions of adolescent struggle with a debilitating mental disorder making the demand for the mental health services to rise in a significant proportion. A majority of the people as well have become eligible for coverage of mental health following the 2010 Affordable Care Act. Despite the high number that is eligible for coverage, finding professionals to deliver the much needed mental health care has increasingly proven to be tough.

c. Providers are not located in areas of high need

According to a research conducted by Merritt Hawkins a physician search firm, among the list of 20 most in-demand medical specialist, psychiatry trailed only the primary care doctors in the list. According to the Patient Advocacy group Mental Health in America, the states with the lowest access as well as the highest rates of mental illnesses are in the south and west, with the rural areas experiencing the highest deficits. The lack of psychiatrists, as well as the other mental health providers, are part of the overall shortage of the physicians in the United States. A study conducted by the Association of American Medical Colleges indicated that the nation would be faced with a deficit of between 46,000 and 90,000 doctors within a decade. Besides the shortage in supply of the primary care health providers, the largest deficit will be among the specialists caring for the elderly and to whom the psychiatrists are included. Thus an implication that the demand of the mental health providers will be on the rise, but on the contrary the demand will not be met due to the shortage of specialists.

d. Providers are not responding to inquires

The mental health professionals are already overworked as they are understaffed. Besides, the demand for the mental health care has been on the rise, a fact that can be based on the significant increase on the number of people who are eligible for mental health services under the Affordable care act. With the demand for the psychiatrists and other mental health providers being very high, it is unfortunate that there is not enough number of the mental health care providers to cater for a large number of people with the condition. Due to the high demand and understaffing of the mental health professionals, a large number of queries often go unattended as it is impossible for the limited workforce to cater for the high demand appropriately. On the other hand, the mental health services as earlier observed are not provided in all the regions that they are needed especially in the rural areas where people have limited access to the mental health specialist (Jansen et al. 2017). In these regions, it is rare for the mental health professionals to be deployed and therefore any queries relating to mental health services and care remain unanswered.

2. Out of Pocket Costs are too high making it unaffordable

The cost of obtaining therapy for the people with a mental health condition has proven to be too high with the patients being forced to pay around 200 dollars a session (Follette & Cummings, 2016). Mental illness being mental illnesses being a critical condition that demands immediate care to avoid harm such as suicide and to which has affected a large proportion of people around the United States and besides there are insurance covers to cater for the treatments, should not cost the patient too much. On the contrary, the cost of seeking mental health services has proven to be too costly keeping in mind that the mental health professionals do not accept the insurance services citing the reimbursement problems from the government. Due to this, the patients are required to pay for the services from their own pockets of which it is too costly taking up to 16 per cent of individuals’ income. The demand for the mental health services is on the rise, but the number of mental health providers has been limited over time increasing at a prolonged rate, and this has resulted to the high cost of getting psychiatric services. It is not worthy for a single therapy to cost more than 200 dollars as very few individuals can afford to take into consideration that a significant number of individuals live just below the poverty line and this makes it harder for them to pay the amount.

Spotty coverage for the prescription drugs can be another reason as to why the treatment of mental illnesses could be termed as being too much expensive. After therapy, a patient is advised to purchase certain medications that aid them through recovery and therefore these are essential drugs. Unfortunately, these drugs are too expensive and require good money to buy them, proving to be costly for a majority of the patients. Some of the conditions that require to see a psychiatrist are not diseases, but the policy or notion for the coverage that requires a diagnosis before one can pursue a mental health treatment may prove to be not only time-consuming but as well expensive. The reason is that an individual has to seek a physician before being attended by a mental provider.

3. Lack of inpatient mental health care facilities

There is a severe shortage of the inpatient care for the individuals suffering mental illnesses, and this has amounted to a public health crisis (Strauss, 2017). The reason behind is that the number of individuals who are struggling with a range of psychiatric problems is still on the rise. According to Dominic Sisti, the disappearance of the long-term care facilities as well as the psychiatric beds has escalated over the past decade, as a result of deinstitutionalization of the people with a mental health condition in the 1950s and 60s. A report by the Treatment Advocacy Center, a nonprofit organization of the year 2012 found that the number of psychiatric beds had decreased by 14 per cent from the year 2005 to 2010 (Fakhoury & Priebe, 2002). The organization works in the elimination of treatment barriers for the individuals with mental illnesses. In 2010, there were 50,509 state psychiatric beds and the reduction meant that there was only 14 bed available per 100,000 individuals. Dominic continues to state that a majority of the individuals relying on intensive psychiatry care find themselves homeless or more while others in prison. Much of the mental health care for the individuals have now shifted from hospital-based to the correctional facilities.

4. The stigma surrounding mental health treatment

Any person who had previous experience with mental illness can attest that despite the advances in the field of psychiatry and psychology as well, there has been a great deal of the role of stigma inhibiting a person from seeking medical attention. The mental health field has made tremendous progress, but despite all this, the issue of stigma has continued to be a reality. There are two types of stigma that includes the social stigma that involves the prejudiced attitudes that other people in the society have concerning mental illness. Self-perceived stigma is another type of stigma that involves an internalized stigma to which a person with the mental condition tends to suffer from. Both kinds of stigma are real and affect the individual in various ways.

A review of the studies regarding the public stigma of mental illnesses indicates that it is still widespread, despite the public being more aware of the nature of the various conditions related to mental health (Katz, 2014). While some people accept the medical or the genetic nature of the mental states and treatment, a significant number still possess the negative view towards those with the mental condition. The perceived stigma leads to an internalized shame of having the mental illness, and it has been found that the internalized stigma leads to poorer treatment outcomes leading to stigma being the primary challenge that hinders the treatment of mental illness due to relapse.

Future Challenges

If the inaccessibility to mental health services isn’t resolved, this can lead to complicating and detrimental challenges in other sectors of society.

1. An increase in homelessness

According to the Substance Abuse and Mental Health Services Administration, 20 to 25% of the homeless population in the United States suffers from some form of severe mental illness (Wright, 2017). In comparison, only 6% of Americans are severely mentally ill. In the year 2006, Markowitz published data regarding 81 United States cities, the correlations between the decreasing availability of psychiatric hospital beds and the increase in crime, arrest rates and homelessness. It was reported that as the state hospital bed capacity reduced, the number of mentally ill homeless individuals increased. Besides the crimes and arrests associated with homelessness also increased. The results are consistent with a similar study conducted in Massachusetts, Ohio and New York in the late 1980s with findings that within six months, 27 to 38 per cent of patients discharged from the mental hospitals were homeless or had no known address homes.

The individuals with psychiatric disorders had been swept into the tide of homeliness that was due to macroeconomic shifts that included the loss of unskilled industrial employment, the rise on the service economy as well as the emerging shortage of low-income housing. The homeless epidemic among the people with a mental health condition was the unforeseen by-product of deinstitutionalization. People from the mental illness left the state-funded institutions to return home, nursing homes and other community-based homes. However, nearly half of the proposed community-based dwellings that were to replace the hospital facilities were never built and among those completed, ran into financial distress rendering a large number of the mental health patients homeless. It is projected in the future that the prevalence of the homeless psychiatric patients will be on the rise and this will be a massive problem in the treatment of the people with a mental health condition.

2. An increase in incarceration rates

As a result, 2 million people with mental illness are booked into jails each year. Nearly 15% of men and 30% of women booked into prisons have a severe mental health condition (Lurigi & Harris, 2016). Mental health conditions among the prisoners have consistently exceeded the rates of the disorders in the general population. Despite the court mandate for access to adequate health care in prisons, the treatment depends on the availability of resources available, and therefore the treatment for mental health conditions has been sporadic. The lack of sufficient community-based health treatment options has resulted in the drastic increase in the number of incarcerated individuals with mental illness. For example, the correctional facilities in New York Chicago and Los Angeles are currently among the most significant psychiatric facilities in the United States. The number of hospitalized individuals with severe mental illnesses decreased from 550,000 in the 1950s to 70,000 in the year 2012. On the contrary, the population in prison increased from 178,000 in the 1950s to around 5.6 million currently. The proportion of individuals with severe mental illness in the prisons increased from 0.7 per cent in the year 1880 to 21percent in 2005. The number of incarcerated individuals with psychiatric conditions is also on the rise, and the biggest problem is resulted due to homelessness.

3. An increase in avoidable emergency room visits

Mental conditions in the United States are common. Between 2007 and 2011, the rate of ED visits related to M/SUDs increased by over 15 per cent (Canady, 2017). ED visits involving M/SUDs are considered potentially avoidable—if these conditions were adequately managed through appropriate outpatient care, then ED visits should be rare (Owens et al. 2017). The rate of emergency department visit per 100,000 population related to mental and substance abuse use conditions increased between 2006 and 2013, with the highest increase being evident among the mental health disorders with 55.5 per cent being on depression, stress reactions and anxiety; 52 per cent was for psychoses or the bipolar disorders while substance use disorders accounted for 37 per cent. Between 2006 and 2013, an increase in the population rate for the emergency department visits involving the M/SUDs was more common among the lowest income communities with an increase of about 40.8 per cent substance use disorders to 79 per cent for the mental disorders such as depression, stress reactions and anxiety. The trends on the EDs that are preventable are on the rise, and therefore this possesses a significant challenge in the treatment of the mental disorders.

Implementation

Policy Analysis on the problem of mental health care being inaccessible needs to happen fast as people are falling victim to their untreated mental health illnesses. Mental health illness is a contributor to other negative events that are occurring in our country. By addressing the mental health of our citizens, we are giving people the ability to continue their pursuit of happiness in this country. Inaccessibility to Mental health in a public health crisis where the cure can be found through policy analysis. We ask that you allot funding to research the best practices to address the challenges outlined in this memo. Exploration and implementation cannot be done without support from your legislation.

Reference

Canady, V. A. (2017). Economy, ACA likely cause for ED trends involving mental health, SUDs. Mental Health Weekly, 27(4), 1-6.

Fakhoury, W., & Priebe, S. (2002). The process of deinstitutionalization: an international overview. Current Opinion in Psychiatry, 15(2), 187-192.

Follette, W. T., & Cummings, N. A. (2016). Psychiatric Services and Medical Utilization in a Prepaid Health Plan Setting II. In Psyche’s Prophet (pp. 47-59). Routledge.

Jansen, J. M., du Preez, M., Exner, R., & Stroud, L. (2017). A guiding framework for the development of a trans-disciplinary community mental health student teaching and learning platform. South African Journal of Higher Education, 31(6), 218-242.

Katz, I. (2014). Stigma: A social psychological analysis. Psychology Press.

Linehan, M. M. (2018). Cognitive-behavioral treatment of borderline personality disorder. Guilford Publications.

Lurigio, A. J., & Harris, A. J. (2016). Inmates with serious mental illnesses. Advancing Criminology and Criminal Justice Policy, 355-69.

Strauss, A. L. (2017). Psychiatric ideologies and institutions. Routledge.

Wright, J. (2017). Address unknown: The homeless in America. Routledge.