Was the Settlement at BNR Fair an Example of the Topic Business Essays by

Was the Settlement at BNR Fair? In 2002, the Equal Employment Opportunity Commission (EEOC) and the Burlington Northern Santa Fe Railway (BNR) settled a $2.2 million case that EEOC filed against the railway company for genetically testing its employees without consent. While BNR admitted to so doing, the company stressed that it did not do anything wrong. (Schafer, 2001) Need essay sample on "Was the Settlement at BNR Fair?" topic? We will write a custom essay sample specifically for you Proceed BNR started genetically testing employees after a maintenance worker made compensation claims against the company for allegedly acquiring carpal tunnel syndrome through his job. According to Schafer (2001), the worker initially refused a blood testing but was threatened to be fired by the company. It was the workers wife, a nurse, who discovered that the company had been genetically testing employees without their knowledge. The million-dollar settlement brought closure to the genetic testing of BNR employees, with assurance from BNR that the occurrences of the case will not be taken against any employee. BNR carried out genetic testing to employees who are making medical claims to prove, with proper medical examination, the viability of the claims and to protect itself from probable workplace health-related lawsuits that may arise from the growing cases. Most claims filed were related to carpal tunnel syndrome. Scientists, however, are on a dispute whether genetic testing is the right way to prove the viability of such medical claims. With the case ending with about 36 employees bagging a total of $2.2 million worth of settlement from BNR (Duke L. s fairness remains to be a debatable topic. Two sides of the coin The question on fairness has two sides. The first side is if the settlement was fair to BNR, or the employers in general. The second side is if the settlement is fair to the employees, or the workforce in general. Whether it is fair for BNR and employers is a question of the purpose of genetic testing. The EEOC-BNR case was grounded on The Americans with Disabilities Act. Apart from this, imposing against genetic testing in the workplace can be taken in three other standpoints according to the law, according to Duke L. & Tech (2002): the prohibition of the constitution against illegal searches and seizure, the Title VII of the Civil Rights of 1964, and state legislations across the country against discriminating employees on the basis of genetic test results. If the company genetically tests employees or applicants before they are hired or promoted, the company has a liability against the law. Likewise, if the company carries out a genetic testing without the knowledge of employees, whether it is to prove the viability of a medical condition or some other reasons, the company shall be answerable to the court. On the other hand, a company may be right to utilize genetic testing to help employees or to protect the company, such as to certify a medical condition that an employee is filing for the sake of financial claims, though the company has to have consent from the employees being tested to do so. However, if the company uses the result of genetic testing to prove that the employee contracted his medical condition genetically, and not from the workplace, to protect itself from financial or judicial liability, the employer is on the wrong light. On the side of the employees, it is a question of whether they consent the test or not. If they are genetically tested against their will, then it is not fair for them. Being genetically tested should be a free-will activity, as the results will reveal sensitive information about the person who was tested. Skene (n.d.) affirms this by saying that the regulation of genetic testing may be patterned with other regulations on privacy and protection of personal information. Therefore, genetically testing someone requires that persons consent, and if given the result of the genetic test must be kept confidential. The BNR Dispute With the dispute filed against BNR, growing medical claims is the reason given by the company in carrying out genetic tests to employees without permission. The results of the genetic tests were teamed with medical examinations to prove the existence of carpal tunnel syndrome on employees who claimed of acquiring the deformity in the workplace. According to Duke L. rather, it is testing employees who otherwise may have refused a genetic testing if they had known that is what the company doctor is taking their bloods for. Byravan and Matlaw (2005) argue that privacy should be a first consideration when speaking about genetic testing. A genetic makeup can make or break livesfor example, an insurance company who gets hold of a persons genetic test results may play things safely and deny a person long-term health insurance coverage citing other bases, with the person not knowing that he is being denied coverage because the insurance company got a copy of her genetic records. In the same way, employers may use a leak in genetic records as a basis of hiring applicants or not. With blurry legislations regarding the protection of the confidentiality of genetic resultsultimately affecting physical privacymany people will think twice about giving in to genetic testing. This will make it difficult for medical professionals to help patients fight diseases they have a genetic history of, as well as treat the patients properly by use of analyzing patients genetic makeup. The pros and cons of genetic testing for em ployees are all too sensitive. Issues of physical privacy as well as the medical necessity of genetic testing bother them. With the employees of BNRs right to refuse genetic testing, as BNR performed the test without letting them know, the company breached the employees trust. On another standpoint, Duke L. & Tech. (2002) reports many sources affirming that the BNR employees gave a non-deliberate consent in an "invasive procedure" after filing medical claims for carpal tunnel syndrome. Was the settlement fair? The settlement is fair for BNR and the employees. Because BNR broke the trust and the right to privacy and confidentiality of employees, they served right in paying the multi-million dollar settlement since the case is no longer why they are testing their employees genetically but how they are carrying out the tests. The genetic tests of BNR employees were done without their knowledge, and they did not have a chance to decline being tested. They also did not have any control on the information that the company got out of the genetic test results. The decision whether the results of genetic makeup of employees will be used for pre-judgment in health insurance coverage or the corporate advancement of employees was left exclusively to BNR. With the results out of the employees control, it would have been easy for BNR or a third party inside the company to divulge the employees genetic records. While it would have been fair for the company, to protect its financial and judicial interest, it did its course the wrong way by doing the test against the employees knowledge and will. Given the foregoing, it is right to conclude that the BNR settlement has been fair. Conclusion If BNR has consent on the tests it did to its employees, the case would have been lighter for the company. The case likely ended in another way that a $2.2 million settlement. It would have been easier for BNR to say that the move is for the positive interest of both the employees and the company. On the standpoint that BNR employees gave non-deliberate consent for invasive procedure such as genetic testing, as this is one way to prove the feasibility of their claimed medical condition, the company still should have required employees to sign a paper admitting their consent to a genetic testing. This way, BNR has a tangible evidence that they are authorized to carry out a genetic test on their employees. On the argument that the genetic tests were done privately because employees may refuse, BNR and employers should keep in mind that when talking about genetic testing, it is a personal decision of the person being tested. After all, proper medical examination sans genetic testing is enough to prove if an ailment the employee is claiming was acquired in the office. Works Cited Schafer, S. (2001). Railroad agrees to stop gene-testing workers. Retrieved June 8, 2006, from http://www.washingtonpost.com/ac2/wp-dyn/A34877-2001Apr18?language=printer Duke L. s coin toss. Retrieved June 8, 2006, from http://www.law.duke.edu/journals/dltr/articles/2002dltr0015.html Skene, L. (n.d.). Genetic testing and privacy rights.

Songhai Empire Essay Example

Songhai Empire Essay Example Songhai Empire Paper Songhai Empire Paper Beffa 4 The Songhai Empire Alex Beffa Global History April 9, 2012 Beffa 3 The Songhai, also known as the Songhay, was not only the last, but also the largest and greatest empire of western Africa between 1000 and 1600 ce. i The previous empire was the Mali empire. Songhai was just a client state at the port of Gao, which was a major trading port for trans-Saharan trade especially since it is located on the Niger river. When the Mali empire started to decline in the 14 th century, the Songhai king declared independence. i The Songhai empire was the most thriving west African empire for many reasons but major ones are: the kings Sunni Ali and Muhammad Ture as well as the conquering of the city of Timbuktu. Sunni Ali became ruler in 1464. He did not waste any time waiting to begin expanding. Shortly after coming to power, he went to conquer the great trading port of Timbuktu from the Tuareg raiders. After Timbuktu was his, Sunni Alis armies went south to the port of Jenne. In 1480, he attacked the Mossi states south of the Niger river. He had a strong military background which helped him become one of the best conquerers and leaders in African empire history until this point. His best asset was his naval skills which is mostly likely why he typically conquered ports along the Niger river. One of his major advancements was the the creation of a bureaucracy. This allowed the Songhai to be a more centralized empire than the previous empires of Ghana and Mali. To help get the Muslim support, Sunni Ali claimed to be a Muslim, though he never truly left the old traditional religions supposedly due to the belief that it was the source of his supernatural powers in battle. In 1492, after a successful conquest, according to some oral traditions, Sunni Ali drowned while crossing the Niger river. Still others refuse to accept this theory, insisting that he died in battle. His reign was from 1464-1492. When Sunni Ali died, one of his sons named Sunni Barou took over. iii Unfortunately, unlike his father, Sunni Barou did not claim to be Muslim but rather embraced the old tradition. This did not go over very well with the Muslim community in the empire. Not long after taking the throne, Sunni Barou was overthrown by a very faithful muslim named Muhammad Ture. Born around 1440, he was a very ruthless Beffa 4 killer. He even want so far as to eliminate the rest of Sunni Alis family members. As for his way of governing, the Islamic religion played a big role. He believed that the spread of islam was very important for two reasons. One, he was a devout muslim and felt that everyone should be. And second, he saw Islam as a way to unify the empire. He organized his own bureaucracy with 10 providences and an administrator for each. This allowed him to rule very effectively over a vast empire. To lower chances of a rebellion, Muhammad Ture would not allow the kings of the conquered to keep their power but instead he would replace them with members of his own family. In 1495, Muhammad decided to make a pilgrimage to Mecca. Unlike other rulers, he was able to leave for long periods of time due to how incredibly stable his government was. After his journey, he felt the need to expand the empire. When Sunni Ali had died, a good number of the states Sunni Ali had conquered had declared independence. It was up to muhammad to reassert the Songhai’s control over these territories. He had no problem with going on an almost continuous military conquest for close to two decades. Like Sunni Ali, Muhammad Ture also expanded the navy. After a military life like that, he was lucky to be around to experience old age. In 1528 Muhammad was so well aged that he had lost the drive to continue the conquests. Also he began to go blind, so his son Farimundyo Musa took over. Farimundyo Musa changed his name to Askia Musa which is where the Askia dynasty comes from. Askia Musa was assassinated in 1531 by one of his brothers. Since Muhammad Ture was Islamic and education is a big part of Islam, Muhammad obviously supported education. The University of Timbuktu was one of the first universities in all of Africa. It attracted many scholars, mainly Islamic. Trade helped bring prosperity to the Songhai Empire as well as these other advances. iv Timbuktu was not only, a major trading spot, but also an educational capital. It had a big effect on the Songhai empire. By conquering this major port early on in the Songhai empires life, it established a sort of foundation. By controlling this port along with a few other key cities, they basically dominated the trans-Saharan trade. Timbuktu Beffa 3 was founded by nomads of the Tuareg in the early 12 th century. In its early days, Timbuktu was thought to be inferior to other major trading ports for trans-Saharan trade such as the cities of Ghana or Walata because they were more impressive. It did not take long to change peoples minds. Timbuktu and its sister city Jenne, which was also soon conquered by the Songhai, were in much better position to the gold field than Walata. Another factor in the rise of timbuktu was the nomad arabs that had been raiding caravans along the western routes. In turn, more people had been taking the eastern routes through Timbuktu. Finally, probably the most signif icant reason timbuktu was such a major port, Timbuktu was on a point where three major trans-Saharan routes went: the Mauritanian, Taghaza salt road, and the route to In Salah by way of Arawan. Two of the most important major imports and exports of the Songhai empire were salt and gold, but other items included slaves, ivory, cotton fabrics, grains, and ostrich feathers. vi To Timbuktu in particular, the major ones were gold, salt, slaves, and kola nuts. The salt came from the salt mines in the Sahara. The gold came from Bure, Bambuk, and Akan. The others, kola nuts and slaves were kinda of wide spread, coming from several p laces and in demand at many more. Naturally as a major trading port, Timbuktu had cultural diffusion. Islamic ideas were passed around especially when Muhammad Ture was in power. vii In 1591 a Moroccan force overthrew the last king of the Songhai empire, thus ending the reign of the greatest western African empire between 1100 and 1600. viii They took the capital at Gao and then moved on to timbuktu. ix It would make sense that trade would be the Songhais forte since when the Mali empire was still in power, the Songhai was a major trading spot at the city of Gao. And the big emphasis on having a great navy would also make sense considering they are located on the Niger river. The major reasons for such an enormous and thriving empire were the well-organized government, combined with outstanding kings, and never having a financial crisis since they conquered cities like Timbuktu and Jenne right from the beginning. Beffa 4 Bibliography Fritze, Ronald. Timbuktu. In World History: Ancient and Medieval Eras. ABC-CLIO, 2004-. Accessed April 16, 2012. http://ancienthistory. abc-clio. com/. Insoll, Timothy A. â€Å"Trade Empire. † Archeaology 53, no. 6 (november 2000): 48 MAS Ultra-School Edition, Ebscohost (accessed February 5, 2012). Page, Willie F. Encyclopedia of African History and Culture. USA: A Learning Source Book, 2001 William, Oscar. â€Å"Songhai Empire. † In World History: Ancient and Medieval Eras. ABCCLIO, 2004-. Accessed February 5, 2012. http://ancienthistory. abcclio. com/search/display/601432? terms=songhai World History: Ancient and Medieval Eras, s. v. â€Å"Africa, 3000 BCE-1500 BCE,† ac cessed February 4, 2012. http://ancienthistory. abcclio. com/search/display/588506? terms=medieval+africa+songhai World History: Ancient and Medieval Eras, s. v. Askia dynasty, accessed April 16, 2012. http://ancienthistory. bc-clio. com/. World History: Ancient and Medieval Eras, s. v. Muhammad Ture, accessed April 15, 2012. http://ancienthistory. abc-clio. com/. World History: Ancient and Medieval Eras, s. v. Sunni Ali, accessed April 8, http://ancienthistory. abc-clio. com/. 2012. i Oscar William. â€Å"Songhai Empire. † In World History: Ancient and Medieval Eras. ABC- CLIO, 2004-. Accessed February 5 , 2012. http://ancienthistory. abc-clio. com/search/display/601432? terms=songhai ii World History: Ancient and Medieval Eras, s. v. Sunni Ali, accessed April 15, 2012. http://ancienthistory. abc-clio. om/. iii World History: Ancient and Medieval Eras, s. v. Sunni Ali,† iv World History: Ancient and Medieval Eras, s. v. Muhammad Ture, accessed April 15, 2012. http://ancienthistory. abc-clio. com/. v Ronald Fritze. Timbuktu. In World History: Ancient and Medieval Eras. ABC-CLIO, 2004-. Accessed April 16, 2012. http://ancienthistory. abc-clio. com/. vi World History: Ancient and Medieval Eras, s. v. Muhammad Ture,† vii Fritze viii World History: Ancient and Medieval Eras, s. v. Askia dynasty, accessed April 16, 2012. http://ancienthistory. abc-clio. com/. ix Fritze