Truean, what I referred to by "lifestyle choice" was the choice to hide it whilst in work - the individual in question was single, in thier 50's and had no family - it later emerged that they had been living as a female in all areas of thier life save for thier work life, which is understandable. For the record, the individual in question had no desire to undergo any gender reallignment treatment, and was still attracted to women.
Oh, and no, thier performance didnt improve post disclosure. If anything, it deteriorated, they developed a "work to role" attitude and a confrontational nature (and was involved in one fist fight of thier own starting), despite being given 100% acceptance from all that worked with them - they were not the first transgendered person to work here so its not as if we had no expereince of the circumstances in question. During this whole saga we had to fire another lab tech for budget reasons - incidentally he was homosexual, and went through a seperate tribunal regarding his dismissal which ruled it was unfair as it was not on grounds of incompetence, but thats another story...
Sorry about the "trump card" reference. It was made in an ironic fashion without considering its ability to cause offence.
It's all good. No worries.
Yeah, ignoring the notion that "it's a choice to hide it" (in most circumstances), here's where we get into a larger issue. Though I reiterate the fact that I don't have firsthand knowledge and will never take a case without investigation. Anyhow.... You're from the UK and I'm completely ignorant about how employment law works there, and this needs to be said because I'm outside the scope of what I know. I can provide you no learned opinion on the matter. I give you the benefit of the doubt on your intention not to cause offense. Cognizance counts....
That said, if you'd like my opinion.... [Someone asked me how to write an opening paragraph, especially for an analytical essay, to that person, please note the bracket tags. This is the simplified example I promised you; ask what questions you will about it in PM. Note the organizational expanded outline format I talked about. This is the content of your first paragraph for an essay and how that relates to the rest of the essay. Organized chapter books traditionally may feature their opening sentences linked to their chapters and their chapter's opening sentences linked to paragraphs within. Finally, the individual paragraph sentences may be featured as subpoints or bulletpoints under the topic sentence of their individual paragraph. At least that is my way, do what your English teacher requires.
It is she, not I who decides your grades. Often you'll find the correct answer is wrong and you must find the "accepted" answer and give it, no matter how wrong....]
[Topic Paragraph, serving as an overview/outline,
The colors correspond to how ideas link up and relate to the rest of the essay. Red with red; blue with blue, etc, etc. ]:
[Opening Sent] It is a complex, multipart thing, very rarely done: properly dealing with merit in employment and lack or termination thereof. [Optional qualifier] Doling out judgment should be done sparingly and judiciously and this essay does not presume to cover this topic exhaustively.
[1st P] The first consideration should be, but sadly is often not, merit, ability and qualification. [2nd P] The second qualification is past, present, and if applicable, anticipated performance. [3rd P] Third, to approach being proper, and dare I say, Just, one should take considerations of equity or fairness into consideration. [4th P] Finally, we consider the overarching considerations of an example, [5th P] facts of that example application, [6th P] and the analysis of it, which here we fail to conclusively reach for want of evidence and the other side's story. [Note, if you have a lot of paragraphs, or are writing a book, you can split paragraph topic introduction in
one sentence like I did above with [4th P], [5th P], and [6th P]. You can introduce a number of related paragraphs by using a list....]
[Note how the first paragraph corresponds to "1st P" but is not an exact mirror of it, as are the others See then how I explain each of the sub parts of, merit, ability and qualifications?]
[1st Pb] Merit, ability and qualification are foremost in a proper determination. These qualities, like many others are difficult to measure, and Resumes' cannot accurately gauge a job applicant, but they are the best indicator we have initially. Merit and ability are productivity balanced against quality. Another less tangible aspect of merit is the effort one invests. Employees who give an honest, hard effort should be rewarded for their work ethic and the presumed improvement of their abilities this investment will reap.
[2nd Pb] Performance, past present and future, is ultimately why a person is hired. This is arithmetic, what they produce and how they produce it. This is the most objective portion of merit measurement we have, though it too can be wrong, if the measure observes the wrong thing, or ignores something effecting quality.... Moreover, it is here that behavioral issues are addressed, via praise or punishment. It is just as important "how" and "what" one produces as much as "how much...."
[3rd Pb] Finally, to approach being proper, and dare I say, Just, one should take considerations of equity or fairness into consideration. These are factors effecting job performance simply beyond the person and their control. The performance of others and outside actors and negatively, or for that matter positively effect the performance of the individual on their job. These are not properly considered in the analysis, as they are not caused by the person, for good or ill. Doing otherwise rewards them not on merit but luck.
[4th Pb] A situation with general concerns arises when a person of minority status' job performance is reviewed. One must take care in this situation both to avoid legal repercussions and to avoid the moral pitfalls those legal repercussions remedy. Minority status individuals have historically been disadvantaged and this has attracted the attention of the courts. The judge is placed in the classic problematic situation: every single person in the courtroom claims to be not liable. The judge knows some of them are lying, but not which ones. Thus, between this classic problem and the history of disadvantage all those before the court are subjected to a heightened burden of proof and some of them will not be able to meet it. Formerly, the court erred on the side of the company accused of bigotry, often wrongfully, now it errs on the side of the terminated employee....
[Use of the starting phrase "In the Present Case," Lets the informed reader know this is a paragraph on the facts of the present case. A busy judge will often skim for the "In the present case," at the beginning of a paragraph, and skip to it if he or she wants your take on the facts.]
[5th Pb] In the present case," "MonkeyHead" presents an individual case whereby the applicant--a preoperative transsexual-- was under job review [Central Question] "Monkeyhead" raises the question of if this status relevantly and justly influences this decision. Facts are sparse, but it appears a physical altercation was allegedly started by the employee in question, a serious allegation and concern if true. [Insert other facts, which you gain by research or investigation].
[Use of the starting word "Here," Lets the informed reader know this is a paragraph is the analysis of the present case. A busy judge will often skim for the "Here," at the beginning of a paragraph, and skip to it if he or she wants your analysis. Also see how I pulled the other paragraphs into the rule section?]
[6th Pb] [Conclusion] "Here, though it is difficult to reach a conclusion without both sides of the facts, and all sides deserve an opportunity to be heard, the employee's behavior may warrant termination absent a valid defense." [Rule] In reaching this,
merit,
performance,
equity,
general concerns, and
individual facts must be
considered. [Qualifier] It should be noted that we lack specifics required to reach a proper conclusion and this is preliminary, subject to revision. [Analysis]
We lack any information about this person's qualifications and only a summary, negative report on merit from "Monkeyhead." Evidence of performance is also limited though apparently negative, and incidents of violence in the workplace, a serious concern, must be explained by employee. Equity concerns are not addressed. General concerns apply given the history of discrimination against minority individuals, which this person is. Though these may be mitigated if employer can show they do not apply. Finally, the individual facts are not known specifically, though generally, employer alleges employee's attitude is detrimental to the workplace culminating in that employee's starting of a fist fight. Again employee must be allowed the opportunity to explain this serious concern. [Conclusion]
No proper conclusion can be reached upon the facts given, though serious concerns about violence, if accurate and unexplained, need to be dealt with.
[Here's hoping that gives you your requested example about how to put what where in an argumentative, analytic essay and that it did not subject you to too much color overload. See how you can make an outline and expand it into an essay?
I'll be checking my PM box and happy to respond to your questions.
In this instance, I will be happy to help you with, but again, not do, your paper. Though I'm sure that last sentence shall not be a concern. Don't be afraid to post here if you like, no one will be mean to you for what you are]
Can minority status in hiring and employment be abused: yes. Is it? I suspect not a fraction so often as some would claim. There's a reason consideration is given for these minority status factors, that reason is that historically there is too much precedent of discrimination to ignore. Thus the scale should be tipped somewhat to remedy the situation when a suspect classification is mentioned. This is why the US Supreme Court heightens scrutiny of a law if one of these classifications is involved.
That's just my two cents and delivery on a promise for a writing example....
Author
Topic: Chill and Relaxed Progressive Irritation and Annoyance Thread (Read 880841 times)