Issue Identification and Resolution Essay

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Restraint requires the use of methods or means intended to partially or completely limit the mobility of the receiver of such instructions for the sole purpose of influencing the recipient's actions to a bounded field. Despite years of dedication to the topic, restraint management remains a challenge because people instinctively want to drift and roam as space allows (Jefferys, 1986). This paper demonstrates how restraint preventive preparation or a policy, based on such analysis of treatment processes as well as a series of hustled strategies, will productively diminish the incidence of restraint while also improving healthy human resource management. The problematic issue with restraint planning is that communication is often less effectual or missing regarding the specific limits permitted to people and the natural tendency among people to stray.

Planning Restraint Management and Overview of the Problem

The first form of planning restraint management was implemented about 170 years ago, when all forms of mechanical restraint of above 40 of the 800 patients restrained at the time, was altered within three months. By 21st September 1839, Dr. Conolly John accepted Dr. Hill Robert’s judgment that in such a properly created structure, with adequate attendants’ restraint is not necessary and justifiable, besides it was thought of being injurious. Dr. Hill, had earlier, experimented non restraint at the asylum at Lincoln. Lots of facilities followed suit (Bilson, 2016). Dr. Conolly exemplified the policy of no-restraint in the moral therapy movement prejudiced by the 1700s and 1800s’ England’s Quakers and Revolution activists in post France.

Restraint is a defense to internal slavery though viewed as a form of helpful action and practice acknowledged for avoiding human service conflicts. Majority of company executives look at seclusion and restraint, controlled and directed by an intelligent and hard-working company administrator, as one of the appreciated remedial agents in the cure and care of human resource. The Antitrust regulations applied tend to intensify employers restraints in employment markets (Masterman, 2016). For instance, Intensive activity by companies to fix merchandise prices is an abuse of Sherman Antitrust Act. The question is how are companies and courts planning to respond to such rigorous employer actions to fix salaries, wages, or even the labor price.

The first problem and support for claims.

Globally, many companies are struggling to create operative, viable care administration strategies to decrease use of restraint. Present interventions seem to concentrate solely on reducing restraint. This is an outcome focused tactic, which, if practiced to the advancement of any interventions, restricts capacity to invent an all-inclusive resolution. How must courts and businesses respond to agreements amongst employers to share information on wages salaried to their employees if the intention or effect of such information exchanged is to alleviate levels of wages or prices of goods in violation of the Clayton Law (Jerry, 1984)? According to Monsanto Co. v. Spray-Rite Serv. Corp, Intensive activity entails a cautious commitment to a mutual scheme intended to realize an illegal objective and such evidence tending to eliminate the fact parties were performing independently.

The second problem and support to my claim

Most executives, in planning restraint management for their companies fail to focus on the client population often restrained. They neglect the fact that identifying such underlying factors leading to use of restraint will help them understand that interventions are neither solely compelled by principal desired result, reduction in restraint. In addition, such understanding will help them then focus on the development of interventions to address such factors identified, as well as, similarly, such other underlying features that might result into use of restraint.

The third problem and support to my claim

Companies and courts have ignored the consumer welfare notion. The rule of reason applied in restraint management offers no safeguard to workers who are anticompetitive schemes’ victims, schemes that reduce output market prices (Michael, 2016). Such a result is absurd as well as inapposite to Supreme Court precedent in Visa Inc. v. Osborn. That is, agreement in a criminal scheme is a Sherman Act violation because, the members of such association surrender their freedom of action to abide by this association’s will, thus, amounting to participation in a concerted action.

Employee and employer surplus are analogues of labor market to output market’s consumer and producer surplus. In the standard on consumer welfare, employee surplus should be incorporated in customer welfare whereas manager surplus must be disregarded. Employer surplus is total difference between benefits employees afford employers and wages employers pay these employees (Alexander, 2006). On the other hand, employee surplus is total difference in wages employees get and minimum wages employees are willing to labor for.

Conclusion

Restraint management planning entails presenting a move in focus from the lone strategies of intervention to combined approaches, where set of actions are consistently and collectively performed to increase outcomes. By implementing a process based method to every prevailing issue of restraint, the essential underlying features leading to use of restraint are deliberated on in developing and planning interventions affecting such care further than management of restraint. To achieve such ripple result, a paradigm needs to shift to, primarily, a process based from the outcome based method.

The Wage Gap Problem

Introduction

The problem of wage gap has been there since the very onset of feminist movement clamoring for inclusivity and equality for equal work and equal pay. In the United States, the wage gap after adjustments are made for diverse contributing factors of annual salary comparisons, the average adjusted salary for females rate at about 78% that of the male counterparts. Although males arguably have lesser offs, which might justify higher salaries, the disparity is not plain even after an effective analysis of pertinent causes. Diverse factors of work efficiency, tradition and role execution issues lead to the perpetuation of wage gap in many situations of employment. In the Islamic world, religion contributes a great deal of the embedded perception of gender differences in society. In poor countries, economic disadvantage is a major contributing factor to wage differentials because such societies are extremely patriarchal. In diverse parts of the world, there are diverse variations of wage differentials established in the economies due to many social and political factors.

Background and History of the Problem of Wage Gap and How to Address it.

Wages or pay for work done have been with our civilization since the days of the ancient kings and possibly from the very first time trade was established in society. With the advent of currency, payments for the services of emperors by the chieftains and lords as agents of the king was well established. Palace maids and mistresses were paid in some kind during the ancient times as well. During the industrial revolution, massive movement of people from rural villages to the urban centers started in earnest. Payment for jobs or apportioned labor became widespread. Nonetheless, women have always been paid lesser rewards as compared to the male counterparts throughout history. There are biblical and historical roots to the menace of wage gaps and in the experience of the American industrialization, intense struggle among women to achieve equal pay for equal work became a very heated political issue. Recently, a research publication of the London School of Economics on the OECD countries still reveal marked differences between countries as shown below. The data also reveals that final solution to the problem might by practically possible in about 150 years to come.

Fig 1. Median-earnings, gender disparity among the OECD countries (2015). Source: London School of Economics.

In a recent survey conducted by the World Economic Forum on the gender pay gap, it was established that women get lesser pay to the range of between 66% and 82% as compared to the male counterparts after diverse factors are considered. If rated on the basis of diverse compounding factors like lower health and survival rates, educational achievement, economic opportunity and political empowerment, it can be understood that females naturally experience lesser dignity and human rights attribution. There is considerable resent progress to bridge the gap but a lot still needs to be done through the private sector, government policy intervention mechanism and through political advocacy.

Fig. 2. Women’s average earnings as a percentage of men’s income 1979-2005. Source: World Economic Forum

First Problem and Supporting Arguments

The problem of wage gap perpetuates gender inequality and discrimination against women. Despite the fact that women have diverse situations of ill health due to birthing which results in work leave as compared to the males, the gap in wages is humiliating and often causes misgivings among female employees. In recent times, female employees have shown very significant contribution to their organizations in addressing diverse management roles. Gender inequality that promotes wage gap can be addressed through the promotion of role learning and role collaboration between the sexes both in domestic environment and in public life.

Second Problem and Supporting Arguments

Wage gap contributes to low motivation among women at the workplace and therefore impracticable in an era of sustainable development. When female workers are paid lower comparative wages, they naturally adjust to address roles outside the institutions to supplement their incomes. The time and opportunity wasted in these adjustments lead to lower productivity and gradually affects the institutional profitability. Sustainable development as a millennium development milestone demands that human dignity is upheld at all times and discriminatory practices eliminated whenever and wherever they occur. Notwithstanding, the perpetuation of gender biases, which produces wage gaps are unsustainable and repugnant in a free and progressive society established on the basis of equal rights.

Prejudices that are ingrained in public policy might cultivate bitterness and radicalization among the disadvantaged populations. The response of such radicalization might range from terrorist enlightenment or extremism to social unrest when antagonisms run deep in society thus compromising useful conciliatory remedies and efforts. In this regard, a simple problem of wage gap could spill over in the perpetuation of unstable marriages due to gendered suspicions and mistrust. Marriage is the basis of society because it leads to the formation of families. If the family unit is adversely affected, the entire society has no political basis and a state of chaos might result.

Third Problem and Supporting Argument

Wage gap among other discriminatory practices diminishes political validity of the key institutions of church, government and society and therefore creating and perpetuating silent anarchy under democracy. The roots of wage gap lie in religious literature, government practice and social norms laid in culture and tradition. The very fact that these institutions or practices advance theories of prejudice rob them political authority. A society based on no proper and politically valid institutions or traditions cannot stand and thrive. The solution to this problem is involving diverse institutions and societal practices in addressing the root causes of wage gap and therefore correcting the problem. Through a multi-stakeholder approach, gender mainstreaming might help to mitigate wage gap particularly through affirmative action.

Conclusion

The recent progress of gender mainstreaming and diverse legislations have tended to narrow wage gaps or in certain cases mitigate its effects. Many organizations give extensive compensation and privileges to female employees whenever they have the challenges associated with birthing and health to mitigate the lower levels of remuneration.

References

C. J, & Masterman,,. (2017). The Customer Is Not Always Right: Balancing Worker and Customer Welfare in Antitrust Law. sscrn. Retrieved 2 February 2017, from https://poseidon01.ssrn.com/delivery.php?ID=699064116031076106091114126103110025123011062088031092022073113100022099028123121089013000007026033049005011014117091082002098102026033060067065104031114064020089074002003007013024074066097102099070020106066089064115098000120087111066110119001126065027&EXT=pdf

Bilson, & B,. (2016). Wage Restraint and the Control of Inflation. Google Books. Retrieved 2 February 2017, from https://books.google.com/books?hl=en&lr=&id=8yUFDAAAQBAJ&oi=fnd&pg=PP1&dq=Wage+Restraint+and+the+Control+of+Inflation:+An+International+Survey+edited+by+Beth+Bilson&ots=7QVccjv1Rb&sig=0h33bX2Qzs41tHz4C-HJeXIomRk

Huckshorn, K. A., CAP, I., & Director, N. T. A. C. (2005). Six core strategies to reduce the use of seclusion and restraint planning tool. National Association of State Mental Health Program Directors. Available at: http://www.hqontario.ca/portals/0/Modals/qi/en/processmap_pdfs/tools/Six%20Core%20Strategies%20to%20Reduce%20Use%20of%20Seclusion%20and%20Restraint.pdf .

Michael, W. J. (2016). Holmes and the Bald Man: Why Rule of Reason Should Be the Standard in Sherman Act Section 2 Cases. University of New Hampshire Law Review, 4(2), 9. http://scholars.unh.edu/cgi/viewcontent.cgi?article=1070&context=unh_lr

Alexander, L. (2006). Monopsony and the consumer harm standard. Geo. LJ, 95, 1611. http://georgetown.lawreviewnetwork.com/files/pdf/95-5/ALEXANDER.pdf

Jerry, R. H., & Knebel, D. E. (1984). Antitrust and Employer Restraints in Labor Markets. Industrial Relations Law Journal, 173-254. http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1093&context=bjell

Jefferys, S. (1986). Management and Managed: Fifty Years of Crisis at Chrysler. CUP Archive. https://books.google.com/books?hl=en&lr=&id=iE49AAAAIAAJ&oi=fnd&pg=PR11&dq=Management+and+Managed:+Fifty+Years+of+Crisis+at+Chrysler+By+Steve+Jefferys&ots=CRhJwRKC4b&sig=6SYU6_BNwtdPhw-LNO3_m0fkVtE

Kline, P., & Moretti, E. (2014). People, places, and public policy: Some simple welfare economics of local economic development programs. Annu. Rev. Econ., 6(1), 629-662.

Doepke, M., & Tertilt, M. (2014). Does female empowerment promote economic development? (No. w19888). National Bureau of Economic Research.

Kim, M. (2015). Pay secrecy and the gender wage gap in the United States. Industrial Relations: A Journal of Economy and Society, 54(4), 648-667.

Ludsteck, J. (2014). The impact of segregation and sorting on the gender wage gap: Evidence from German linked longitudinal employer-employee data. Industrial & Labor Relations Review, 67(2), 362-394.

November 17, 2022
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