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  22. <title>What You Can Do About Workplace Discrimination Laws and Cases</title>
  23. <link>https://acaoqln.info/what-you-can-do-about-workplace-discrimination-laws-and-cases/</link>
  24. <comments>https://acaoqln.info/what-you-can-do-about-workplace-discrimination-laws-and-cases/#comments</comments>
  25. <pubDate>Fri, 19 May 2023 15:17:46 +0000</pubDate>
  26. <dc:creator>admin</dc:creator>
  27. <category><![CDATA[Law and Issues]]></category>
  28.  
  29. <guid isPermaLink="false">http://acaoqln.info/?p=79</guid>
  30. <description><![CDATA[Workplace Discrimination Cases: How You Can Know If It&#8217;s Happening To You and What You Can Do About It There are so many forms of discrimination and harassment. And, there are many federal laws that forbid persons to discriminate and &#8230; <a href="https://acaoqln.info/what-you-can-do-about-workplace-discrimination-laws-and-cases/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
  31. <content:encoded><![CDATA[<div id="article-content">
  32. <p>Workplace Discrimination Cases: How You Can Know If It&#8217;s Happening To You and What You Can Do About It</p>
  33. <p>There are so many forms of discrimination and harassment. And, there are many federal laws that forbid persons to discriminate and harass persons based on their color, race, national origin, religion, sex, disability, age, pregnancy, etc.</p>
  34. <p>Local and state laws contain similar protections and can give protection in other circumstances as well. Many comprehensive laws tackle and forbid workplace discrimination and harassment. If you&#8217;re an employee and feel discriminated and/or harassed by your employers and/or your co-workers, what options do you have available?</p>
  35. <p>1 &#8211; Talk To Your Employer About Your Feelings</p>
  36. <p>A good start to deal with discrimination and harassment is to talk with your employer. Most of these acts tend to go unpunished because the victim doesn&#8217;t make it clearly known that the behavior is not unwelcome. It&#8217;s very rare that employers will openly admit discrimination and/or harassment and assist you in bringing legal papers against them. Your employer must comply with the law but you must ensure that your rights are protected.</p>
  37. <p>2 &#8211; Inform Them About The Issues</p>
  38. <p>It&#8217;s important that your employer knows that you&#8217;re serious about the matter. Be sure that a written report is made each time you report an incident. Ask that for an investigation into the matter and that corrective action is taken against the offender(s). Employers need to promptly look into all workplace discrimination and/or harassment reports.</p>
  39. <p>How Can You Know What Actions Are Against The Discrimination Law</p>
  40. <p>The law doesn&#8217;t prohibit all prejudiced actions. It only forbids discrimination based on a person&#8217;s status that&#8217;s protected under federal law such as:</p>
  41. <p>- Age</p>
  42. <p>- Color</p>
  43. <p>- Disability</p>
  44. <p>- National origin</p>
  45. <p>- Race</p>
  46. <p>- Religion</p>
  47. <p>- Sex</p>
  48. <p>- Union activity</p>
  49. <p>That means if an employer decides to base his/her decision on race, they can legally be in trouble for discrimination. If a minority is paid less money than his/her counterparts due to race, the employer could be in trouble for discrimination because it violates Title VII. It&#8217;s not illegal for employers to pay low wages to one employee and not others if that employee is performing different tasks. The question is whether the dissimilarity in treatment is based upon the person&#8217;s protected status. When treatment is based on protected status, it&#8217;s known as intentional discrimination.</p>
  50. <p>Title VII also forbids behavior that has the consequence of discriminating against people of a protected class even if the reason for the treatment difference is not on a protected class. For instance: an employer decides to hire just applications that don&#8217;t have custody of pre-school age children. When looked at thoroughly, the decision to hire this way is not a protected class.</p>
  51. <p>However, when looked at more closely, the policy unduly rules out female applicants against male applicants since women tend to be custodial parents. This kind of policy would have a inequitable effect and is known as disparate impact. Title VII forbids disparate impact discrimination except in cases where the employer can confirm its policy is necessary for the business and must be done for the sake of the job.</p>
  52. <p>The ADA classifies discrimination not just in terms of both disparate impact and treatment but also in terms of rejection to give rational accommodation to an otherwise competent individual with a disability.</p>
  53. </p></div>
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  59. <title>Portfolio Management is Risky Business</title>
  60. <link>https://acaoqln.info/portfolio-management-is-risky-business/</link>
  61. <comments>https://acaoqln.info/portfolio-management-is-risky-business/#comments</comments>
  62. <pubDate>Tue, 09 May 2023 17:55:52 +0000</pubDate>
  63. <dc:creator>admin</dc:creator>
  64. <category><![CDATA[Uncategorized]]></category>
  65. <category><![CDATA[Management]]></category>
  66.  
  67. <guid isPermaLink="false">http://acaoqln.info/?p=77</guid>
  68. <description><![CDATA[A friend of mine (we&#8217;ll call him Al) was out looking at daycare centers with his wife. Their two year old daughter was ready to expand her horizons and learn the intricacies of social behavior and all the risks inherent &#8230; <a href="https://acaoqln.info/portfolio-management-is-risky-business/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
  69. <content:encoded><![CDATA[<p> A friend  of mine (we&#8217;ll call him Al) was out looking at daycare centers with his  wife.   Their two year old daughter was  ready to expand her horizons and learn the intricacies of social behavior and  all the risks inherent in her new world.    To Al&#8217;s dismay, no daycare center met the standards of control he would  have expected in a daycare.   This new  world was fraught with risk.   Doors  weren&#8217;t locked and children could escape.    Gates were not on the stairwell and children could fall and injure  themselves.   Peanut butter was in the  fridge and children could access it.   Al  wasn&#8217;t willing to run the risk of introducing his daughter to this  environment.   Oddly enough, Al didn&#8217;t  have similar controls in his own house.    No childproof door locks, no stair gates, and peanut butter in his  fridge &#8211; sometimes on the counter!!It was clear to me that a person  will hold an unknown environment to a higher level of scrutiny than a person  who is familiar with the same environment.    It also became clear that a person&#8217;s experience will determine the  amount of risk they are willing to tolerate.    For example, if I put three people in Al&#8217;s deficient daycare and put a  jar of peanut butter on the counter, the first person with no children may  shrug their shoulders.   The second  person with a child may say, &#8220;Maybe we should remove the jar of peanut  butter.&#8221;   While the third person  who has a child with a peanut allergy may say, &#8220;I need a peanut free environment  for my child.   This is  unacceptable.&#8221;    This dependency on  individual experience and individual risk tolerance becomes a greater issue to  organizations.   When trying to ascertain  the level of risk inherent in a project portfolio at an enterprise level, it is  difficult to compare like with like without a risk management process and model  that will represent the enterprise&#8217;s willingness to accept risk.The ProblemRisks  that are not identified cannot be assessed.    While an organization is dependent on a project manager to identify  risks associated with a point in time project, there is no clear way to  determine inherent risks to the organization.    Organizations that have made the move to portfolio management have been  successful at time management, resource management and time and budget status  reporting at the portfolio level.   While  each of these advancements is a major achievement on its own, an organization  that makes decisions on this data does so without a sense of risk associated  with the performance of the portfolio.    Decisions get made and risks are reacted to.   Many issues are created due to unforeseen  risks.So what  is wrong with this picture? After all, risk is an accepted part of business and  life for pretty much everyone.Risk is inherently a function of  value and as such the more value at stake the more risk one is exposed to.  Therefore, the notion that risk is a negative situation to be entirely avoided  is a flawed argument, as this can only be guaranteed if/when an organization  invests in cash cow initiatives where high value can be attained with no  risk.   We all know that cash cow  initiatives are not sustainable and are the exception, not the rule.The ultimate argument is found in  the financial market where stocks and bonds are valued by level of risk  tolerance. Bonds are considered safer bets and therefore yield lower returns  while stocks are considered risky investments and are expected to yield higher  returns. Over the past 100 years the financial market has designed numerous  mechanisms to manage the dynamics of risk and reward with continued lessons  learned along the way.Independent of industry, size and  source of funding (i.e. capital market, private equity, tax dollars),  organizations must be well versed in balancing risk and reward if they are to  survive and succeed in the competitive and volatile economy of the 21st  century.With Risk Comes OpportunityThe old  saying that &#8220;the apple does not fall far from the tree&#8221; rings true  when one takes a moment to reflect on why risk management practices are at such  an elementary level. The answer lies in what organizations have come to believe  to be good project management.So what happens to managing  risk?   Risks become issues, issues  become actions, and actions get managed using the same project management  processes designed to manage the value line. The problem is that project  management practices designed to deliver value are based on nomenclatures such  as deliverables, milestones, performance indicators, quality, timeline, budget,  approval, benefit realization, etc. These notions work perfectly for the value  line where the lingo describes value-based characteristics.To manage risks, organizations need  to invest in elevating their risk management practices to the project portfolio  level, to attain the same level of maturity as project management practices.  Otherwise, risk management will continue to be at the mercy of an individual  project manager&#8217;s experience and will be managed well by a few and missed by  most.   This key concept drives the  requirement for organizations to baseline their risk tolerance and provide  their project management team with a consistent set of risk management  standards and practices. Absence of risk management standards and practices  will result in an environment of inconsistent risk tolerance and management,  since project managers&#8217; personal tolerance for risk will driver their approach  for managing project risk. The danger of such a notion is that some project  managers will have high tolerance for project risks while some will have lower  tolerance, which might or might not be applicable to the priorities of the  organization.We have all come to appreciate the  necessities of standardized project management tools and methodology, and there  are very few organizations that allow a project manager to use his/her own  favorite project management tool and methodology. Risk management is no  different, and organizations need to invest the same level of diligence in  their risk management practices as they do in project management practices.The FrameworkThe  identification of potential risks within a project portfolio is of major  importance to a proactive risk assessment process. It provides the  opportunities, indicators, and information that allows for identifying all  risks, major and/or minor, before they adversely impact an organization. An  aggregate view of project risks within a portfolio will provide organizations  with a holistic assessment of all risks, provided that the risk identificationframework  at the project level is comprehensive.The first step in risk assessment is  to clearly and concisely express the risk in the form of a risk statement. A  risk statement can be defined in the following terms:o    The risk assessment statement outlines a  state of affairs or attributes known as conditions that the project members feel may adversely  impact the project.o    The risk assessment statement also  articulates the possibility of negative consequences  resulting from the undesirable attribute or state  of affairs.o    This two-part formulation process for risk  assessment statements has the advantage of coupling the idea of risk consequences with observable (and potentially controllable) risk conditions.When formulating a risk assessment  statement, it is helpful to categorize the risk statement within categories  that best reflect the priorities of the organization. The project portfolio  Risk Registry (Table 1) outlines the risk statement associated with  &#8220;strategy&#8221; risk category. The project portfolio Risk Registry will  have most value when customized to reflect organization risk categories and  corresponding risk statements.Once the  project portfolio Risk Registry is vetted to reflect business priorities and  challenges, the risk statements need to be evaluated against the probability  and impact of actualization. The variable chosen to measure probability and  impact of risk actualization reflects an organization language, as it is  critical that baseline assessment is understood internally and represents  organizational risk and exposure.A quadrant analysis of risk category  actualization in terms of probability and impact provides the organization with  transparent disclosure of risk at the project and portfolio level. This  assessment enables an organization to attain a baseline understanding of  project portfolio risk based on the organization&#8217;s own internal knowledge and  experience.The risk analysis model is  designed to expand and normalize project management judgment, used in the risk  assessment model, and apply a consistent baseline for the probability and  impact of all risk categories. It is  composed of the following steps:1. Industry sources are used to establish a complete repository of  threats that are applicable to the organizations.2. Industry sources are used to determine the organization&#8217;s  vulnerability to industry threats. Then, the organization uses internal knowledge  to narrow the list of vulnerabilities to those most applicable to the  organization.3. To further validate the applicability and relevance of threats  and vulnerabilities, a processes of &#8220;so what&#8221; analysis is conducted  where the probability and impact of identified threats and vulnerabilities are  further validated. The &#8220;so what&#8221; analysis utilizes metrics similar to  the probability and impact metrics used in the risk assessment model.4. COBIT control statements are used to determine the level of controls  that an organization has in place or could have in place in order to  effectively manage the risk associated with outlined threats and  vulnerabilities. Although COBIT controls are mostly designed for IT, indepth  testing has revealed that COBIT controls are applicable to both IT and non-IT  threats and vulnerabilities.The outcome of the analysis phase is  a repository of threats, vulnerabilities and controls assessed and validated  through a series of workshops, where project and portfolio managers input is  given the same weight as industry best practices. This ensures that the  analysis result is applicable to the organization rather than a hypothetical  environment.An  organization&#8217;s risk tolerance is directly influenced by its ability and desire  to invest in controls designed to adjust risk tolerance. The action model  provides the framework to operationalize risk assessment and risk analysis  findings based on the implementation of controls that provide the best level of  risk mitigation for project portfolio priorities.The action model leverages &#8220;so  what&#8221; analysis to determine which controls provide the optimal mitigation  results for threats/vulnerabilities with the highest probability of  actualization and/or most implications. Furthermore, the action model provides  the ability to assess the utility of existing controls in order to determine  portability/reusability opportunities.The action model also enhances the  reliability of the quadrant report produced in the risk assessment and risk  analysis phases, and specifically identifies the value of investment in  controls as a means to mitigate threat probability and vulnerability impact.In conclusion, the action model  enables organizations to improve the effectiveness of processes used to deliver  projects through investment in controls. The action model also develops roles,  responsibilities and processes required to operationalize the risk assessment  and risk analysis models in the form of specific actions. Roles such as Risk Manager and Risk Analyst  are defined and incorporated into the business process. Each role in the risk management process has  responsibility and accountability, and specific  tasks within the risk assessment, risk analysis and risk action model. Finally, the action model enables  organizations to establish pragmatic risk management processes.SummaryOrganizations  are expected to manage risks and deliver high value capital projects. Anything  else is considered sub-optimal performance. Delivering high-value projects  requires a project management workforce with  significant talent for effectively managing both the value line and risk line.Managing project risk is no  different than managing investment risk. In both cases, the  &#8220;customer&#8221; who provides the capital demands that the investment is  managed by professionals who understand and leverage risks to maximize return  on investment. Failing to do so ends in the &#8220;customer&#8221; finding other  alternatives, as capital investment is a precious commodity.Tools designed to automate risk  management become extremely valuable once organizations have understood and  implemented the appropriate level of management processes for risk  management. Unfortunately, many  organizations fall into trap of buying pieces of technology, without having an  in-depth understanding of the requirements and processes to use the technology.Organizations have the technology  and talent to deliver high value projects through effective and transparent  management of risks and need to establish the supporting risk management  processes. Start with a framework designed to build an enabling risk management  process to manage project portfolio risk relative to organizational  requirements. If we can all agree on  the tenants of risk in our respective organizations, we won&#8217;t have to suffer  through miscalculation and mismanagement of risk.After my friend Al communicated his concerns to his wife, they together created a framework to identify acceptable risk for a daycare provider.   They discussed why they didn&#8217;t hold their own home (the primary daycare) to the same standard.   They determined how much they were willing to spend to mitigate certain risks and the likelihood of acceptable risk they were willing to bare. In the end, Al and his wife were able to select a daycare provider that  provided the most reasonably safe environment for their child. In addition, they were able to develop a  clear picture of some of the deficiencies in their own home environment and  addressed them accordingly. The  framework was critical in defining the conversation and providing them with a  basis for discussion that ultimately enabled them to make an important  choice. If only all organizations were  run that way. </p>
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