Section 5: Digital Evidence Controls and Computer Forensic Analysis

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Section 5: Digital Evidence Controls and Computer Forensic Analysis

Section 5: Digital Evidence Controls and Computer Forensic Analysis

Section 5: Digital Evidence Controls, Computer Forensic Analysis, and Recovering Files

Preserving Information for Forensic Analysis

Digital evidence can be stored and maintained in physical or digital devices. After information collection, it will be moved to physical media for storage and where it can be accessed. The data acquired and the device used for storage are secured until the information is required for forensic analysis. The physical and digital storage systems or a smart management system are integrated to form the evidence management system to be used at the organization. Preservation is required to ensure the legal admissibility of the information stored. The evidence management system will include drive imaging, hash values, and a clear chain of custody (Simon, 2023). Rather than the original information, the company will create images of the evidence that will be used for analysis. The analysist will develop a duplicate of the drive used to store the information to help retain the original evidence for investigation. Investigators can exclusively use the duplicate image rather than the original media.

Hash values will also aid in preserving the evidence or information generated when duplicates or images of the original media are produced. The hash values will help determine the authenticity and integrity of the duplicates as an exact image of the original information. Hash values will help ascertain if the information was altered at any point, which is a vital part of forensic analysis and admitting the evidence in court if necessary (Simon, 2023). Creating new or editing existing files generates new hash values that can only be accessed using special software. The hash values must match the expected values, and if not, they will help confirm that the evidence was altered. A clear chain of custody is vital in digital evidence preservation. The company forensic analyst or investigator will document all media and evidence transfers on the Chain of Custody (CoC) forms and capture signatures and dates after handing off media. The chain-of-custody paperwork will help determine that the image of the digital evidence is or was under known possession from the time the duplicate or image was created (Simon, 2023). A lapse in the chain of custody would allow the company to nullify the legal value or dependability of the image. Generally, the primary purpose of preserving the evidence is to ensure legal admissibility.

Digital Evidence Controls

JP Morgan Chase works with a cybersecurity forensic investigator whose main role at the company is to watch over the data and find innovative ways to protect the data. Approaches used to control digital evidence include risk reviews and vulnerability analysis that help identify potential threats. The investigator conducts forensic preservation work and preliminary investigations, adopting established standards (JP Morgan Chase Company, n.d.). The investigator also helps identify violations of the JP Morga Chase Code of Conduct and identifies, collects, and preserves the associated digital evidence. The organization, through the investigator, conducts forensically sound collection and analysis of electronic evidence using different tools to enhance security, compliance, and legal processes.

JP Morgan Chase preserves network and host-based digital forensics on Microsoft Windows-based systems and other necessary operating systems like LINUX and adopts standard digital forensic and network monitoring tools to plan and carry out forensic support independently. The organization adopts High-Security Access (HSA) systems for forensic investigations. It conducts an enhanced annual screening of users of the systems, including checking criminal and credit backgrounds (JP Morgan Chase Company, n.d.). Additionally, the organization ensures technology governance, risk, and compliance by regularly validating the effectiveness of the controls, assessing risk annually to ensure the implemented controls can protect the organization’s information, and adopting security policies and procedures to govern receipt, transmission, processing, storage, retrieval, access, and presentation of the information. The principle of least privilege is adopted to grant personnel access to the information. Physical facilities hosting the data are restricted and have detective monitoring controls and controls for hazards like fire and water.

Computer Forensic Tools for Forensic Analysis and File Recovery

The autopsy/the Sleuth Kit will be used for disk analysis. The tool is recommended for its ease of use, extensibility, speed, and cost-effectiveness. The Sleuth kit is a command-line tool that helps conduct forensic analysis of hard drives and smartphone images. The Autopsy is a GUI-based system using the Sleuth Kit in the background (Kaushik et al., 2020). Its modular and plug-in architecture ensures that the user can easily incorporate additional functionality. Law enforcement agencies and organizations can use this tool to investigate activities or events in a computer, analyze disk images, and recover associated files. The tool can analyze both Windows and LINUX disks. The Volatility tool will also help with memory forensics, incident response, and malware analysis. Often, investigations determine what activities occurred at the time of the incident. Volatility is used to link device, network, file system, and registry artifacts to confirm the list of all running processes, active and closed network connections, running Windows command prompts screenshots and clipboard contents that were in progress at the time of the incident (Mohanta et al., 2020). Investigators will use Volatility to assess processes, check command history, and retrieve files and passwords from the system.

References

JP Morgan Chase Company. (n.d.). Cybersecurity Forensic Investigator. https://www.wayup.com/i-Financial-Services-j-JP-Morgan-Chase-Company-827769314821227/

JP Morgan Chase Company. (n.d.). JPMorgan Chase & Co. Minimum Control Requirements. https://www.jpmorganchase.com/content/dam/jpmc/jpmorgan-chase-and-co/documents/supplier-minimum-control-requirements.pdf

Kaushik, K., Tanwar, R., & Awasthi, A. K. (2020). Security tools. In Information Security and Optimization (pp. 181-188). Chapman and Hall/CRC.

Mohanta, A., Saldanha, A., Mohanta, A., & Saldanha, A. (2020). Memory Forensics with Volatility. Malware Analysis and Detection Engineering: A Comprehensive Approach to Detect and Analyze Modern Malware, 433-476.

Simon, M. (2023). Methods to preserve digital evidence for computer forensics. https://www.criticalinsight.com/resources/news/article/3-methods-to-preserve-digital-evidence-for-computer-forensics

 
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Topic 5 DQ 1 Replies

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Topic 5 DQ 1 Replies

Reply to Cerelina Maratas

Hello, Maratas.

Thank you for an informative and elaborative discussion. Research is done for various purposes, but the aim is always to develop usable and beneficial outcomes that can be used to enhance and inform practice. Indeed statistically significant results are not always clinically significant, but they are useful in informing researchers whether the outcomes of their research are due to chance or due to some factor of interest. A statistically significant result means that it is real and not due to luck in the sample selection. Clinically significant results help improve practice, treatment, or patient care. For instance, a drug with positive effects can be said to have clinical significance.

References

Sharma H. (2021). Statistical significance or clinical significance? A researcher’s dilemma for appropriate interpretation of research results. Saudi journal of anaesthesia, 15(4), 431–434. https://doi.org/10.4103/sja.sja_158_21

 

Reply to Lillian Schott

Hello, Schott.

Thank you for the great post. Statistically significance results can be clinically significance, but not always. Statistical significance means that the results from data generated through an experiment or testing is likely to be linked to a particular cause rather than occurring by chance. It helps researchers determine the relationship between variables. Some variables have weak effects, but their results are statistically significant. However, the effect has to be considerable for a result to be considered clinically significant. For instance, a treatment intervention or research experiment that helps a patient to a point they recover from their illness would be categorized as clinically significant.

Topic 5 DQ 1 Replies

References

Ranganathan, P., Pramesh, C. S., & Buyse, M. (2015). Common pitfalls in statistical analysis: Clinical versus statistical significance. Perspectives in clinical research, 6(3), 169–170. https://doi.org/10.4103/2229-3485.159943

(Topic 5 DQ 1 Replies)

Reply to Jill Blake

Hello, Blake.

I enjoyed reading you discussion for its clarity and comprehensiveness. Indeed clinicians should adopt current best evidence to inform medical and clinical decisions. Statistical significance shows that the results of a research study can relied on, are real, and are not due to chance. Researchers can determine that a relationship between two variables exists and is authentic through statistical significance. I concur that the results or effects of a relationship must be large enough to be considered clinically significant. For instance, the Covid-19 vaccine was allowed for use in treating the virus after researchers determined the effect was large enough to help patients recover. Clinical significance also means that the effects outweighs the costs and any inconveniences that are linked to the intervention or information obtained from research.

References

Sharma H. (2021). Statistical significance or clinical significance? A researcher’s dilemma for appropriate interpretation of research results. Saudi journal of anaesthesia, 15(4), 431–434. https://doi.org/10.4103/sja.sja_158_21

 
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 Community Assessment and Representative Interview Analysis

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 Community Assessment and Representative Interview Analysis

 Community Assessment and Representative Interview Analysis

Community Assessment and Representative Interview Analysis

Part I: Assessment

The selected community site is a community health center in Winston-Salem. The physical assessment focuses on secondary prevention/screening for vulnerable populations, in this case, older adults 65 years and above. The primary purpose of the assessment was to identify key health needs and problems through systematic and comprehensive data collection and analysis to give the organization robust information regarding the current health status, needs, and issues affecting the target population and the community at large. The assessment also assessed the community’s partnerships, funding sources, and health priorities.

The assessment findings indicate that the community health center has a steering community comprised of public health officers, hospital and healthcare professionals, EMS providers, law enforcers, public school system representatives, and community organizations as partners. The steering community addresses common health issues in the community. The assessment also found that the community has health priorities that include preventing chronic disease and related health conditions, promoting behavioral health, including reducing drug overdose and fostering mental health, improving life expectancy, preventing infectious diseases, and addressing social health determinants, particularly poverty and poverty education. The results also indicate funding sources for the community health center vary. Primary funding sources include reimbursements from Medicaid, Medicare, and private insurance. The center also receives federal and state grants; some are funded by the HRSA’s Community Health Center Fund (CHCF). Federal grant funding is through the Health Center Program. The community health center also has partnerships with the public school system, community organizations, epidemiology and surveillance program, and the local church association, especially the Union Baptist Church.

Part II: Interview

The interview was conducted in a community health center in Winston-Salem. The interview topic was secondary prevention/screenings for a vulnerable population. The target population was individuals 65 years and above. The interview focused on the health needs of this population. The nursing manager at the community health center was involved in the interview. The interview was in-person at the community health center. The purpose of the interview was to understand the role of the nurse manager in the community, common health issues the community health center faces, and the role of public health in addressing environmental issues the community faces, notably pollution from various industries like tobacco and cigarette, brewers, and textile, the barriers and challenges in the community that hamper the community health center from delivering quality, safe, equitable, and affordable care, and the community’s health priorities based on the identified health needs and issues. The determination of these interview aspects would help understand the current state of health in the community and the various health needs that must promptly address to promote a healthy community.

Interview Questions

  1. What is the role of the nursing manager at this community health center?
  2. What are the common health issues faced at the community health center?
  3. What is the role of public health in addressing environmental issues facing the community?
  4. What are the barriers and challenges od delivering equitable, quality, and safe care in the community?
  5. What are the community’s health priorities?

 

References

Centers for Disease Control and Prevention. (2020). Assessing community health needs and resources. Community Health Assessment & Health Improvement Planning. https://www.cdc.gov/publichealthgateway/cha/assessment.html

Health Resources & Services Administration. (2021). Community health centers and the Health Center Program. U.S. Department of Health and Human Services.  https://bphc.hrsa.gov/about-health-centers/what-health-center

American Public Health Association. (2022). Addressing social determinants of health in vulnerable populations. https://www.apha.org/topics-and-issues/health-equity/social-determinants-of-health

National Institute on Aging. (2021). Health and aging. U.S. Department of Health and Human Services. https://www.nia.nih.gov/health

United States Census Bureau. (2022). Aging and the older population in the United States. https://www.census.gov/topics/population/older-aging.html

Office of Disease Prevention and Health Promotion. (2020). Social determinants of health. Healthy People 2030.  https://health.gov/healthypeople/priority-areas/social-determinants-health

 
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ESSAY REBUT  4

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ESSAY REBUT 4

ESSAY REBUT 4

ESSAY REBUT (Kara)

The author offers cogent argument on evidence-based medicine with concrete examples from personal experience and evidence support. The healthcare environment is pervasive and constantly evolving, hence the need to keep learning and updating yourself with new knowledge and skills to remain valuable and relevant in the current environment. Healthcare reforms have also taken the course of patient-centered and holistic care, prompting healthcare providers to learn to develop therapeutic-patient relationships, unlike in the past, where the primary role of the provider was to provide treatment. Currently, providers, particularly nurses, are expected to know the patient personally, understand their worldview, preferences, beliefs, interests, and needs and adopt these to make medical decisions. This evolution indicates the need for continuing education to update oneself with new knowledge and competencies to help drive the reforms and improve healthcare delivery.

Additionally, the current practice is more evidence-based, expecting providers to adopt the current best evidence to make decisions about patient care. Evidence-based medicine (EBM) utilizes nursing or healthcare research to organize and adopt current data to help make better medical decisions.1 EBM is not standalone, as healthcare professionals must combine their clinical experience and patient values, interest, and needs to make the best evidence for their patients.1 Healthcare providers must constantly ask relevant clinical questions, search for the best evidence to answer the question, thoroughly appraise it, apply it, and evaluate its effectiveness in decision-making.1

References

  1. Tenny S, Varacallo M. Evidence Based Medicine. In: StatPearls. Treasure Island (FL): StatPearls Publishing; October 24, 2022. https://www.statpearls.com/evidence-based-medicine/
 
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Alterations in Cardiovascular and Respiratory Systems

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Alterations in Cardiovascular and Respiratory Systems

Alterations in Cardiovascular and Respiratory Systems

Alterations in Cardiovascular and Respiratory Systems

Introduction

The cardiorespiratory system operates to serve body organs and tissues with enough oxygen supply in relation to oxygen intake. The physiological interactions between the cardiovascular and respiratory systems are complex and fundamental in optimal patient management. Alterations in these systems, for instance, altered intrathoracic pressure, can be transferred to the heart and lungs, dramatically altering cardiovascular performance (Cross et al., 2020). This paper addresses alterations in cardiovascular and respiratory systems, pathophysiological processes in these systems that contribute to disease systems, how the process affects each other, and ethnic/racial that affect physiological functioning.

Cardiovascular and cardiopulmonary pathophysiologic processes of why the patient presents these symptoms

The patient has gained weight and is experiencing shortness of breath, peripheral edema, and abdominal swelling. A Framingham study shows that the prevalence of arterial pressure is high among overweight individuals. There is a direct correlation between hypertension and body weight in adults (Mendoza et al., 2020). The patient complains of weight gain, which is a likely cause of increased arterial pressure or hypertension, whose first symptom is shortness of breath (Oldroyd et al., 2022). The peripheral edema can be attributed to the high blood pressure due to constricted veins and arteries because any activity that increases capillary pressure, minimizes oncotic pressure, raises endothelial permeability, or impacts lymphatic drainage, can lead to edema. The abdominal swelling can be as a result of a large amount of fluid accumulating in the abdomen, which can be attributed to portal hypertension.

How the cardiovascular and cardiopulmonary pathophysiologic processes interact to affect the patient

This case study depicts an alteration in cardiovascular and respiratory or cardiopulmonary systems as a result of weight gain. According to research, excess weight leads to fatty material build-up in the arteries, increasing arterial pressure because of the contractions in the arteries (Mendoza et al., 2020). The increased arterial pressure is a pathophysiological process of the cardiovascular system that leads to an alteration in the cardiopulmonary processes because the body is struggling to supply cells with adequate oxygen, requiring more blood to supply adequate oxygen (Cross et al., 2020). This alteration in the cardiopulmonary system as a result of the cardiovascular system is linked to the patient experiencing shortness of breath.

Racial/ethnic variables that may impact physiological functioning

Most diseases, especially chronic diseases, vary by race and ethnicity. For instance, in the case of cardiovascular diseases, there is a high prevalence of hypertension among black adults, with 59% of black adults experiencing hypertension. Also, the likelihood of developing hypertension is twice among black women than among white women. Type 2 diabetes is more prevalent among American Indians, with 1 in 4 adults developing the disease compared to 1 in 12 whites (Cleveland Clinic, 2022). Regarding heart failure, the risk of a black man experiencing heart failure is 70% compared to a white man and 50% for black women compared with white women (Cleveland Clinic, 2022). Black adults are also more likely to experience coronary artery disease, heart attack, and stroke than other racial and ethnic groups.

Modifiable and Non-modifiable Risks

Modifiable factors contributing to these numbers or racial disparities regarding physiological functioning include lifestyles and the living environment that encourages a sedentary lifestyle, minimal physical activity, and unhealthy eating patterns, money and resources to acquire basic needs, quality of education, quality of healthcare in the various communities, resources like nutritious foods, and societal factors like discrimination, violence, and capacity to build supporting relationships (Budreviciute et al., 2020). Some factors, like family history of illness and genetic factors, cannot be modified, but the risk can be reduced by optimizing the modifiable risk factors.

Conclusion

Cardiovascular and cardiorespiratory systems interact at an optimal level to ensure optimal body functioning. However, alterations in one system can lead to an alteration in another, contributing to disease systems like shortness of breath, as indicated in the case study. In most cases, cardiovascular pathophysiological processes alter normal cardiorespiratory system functioning. Some races and ethnicities are more likely to develop particular diseases; for instance, black adults are more likely to develop cardiovascular diseases like heart failure, heart attack, stroke, and hypertension, than other races and ethnicities. The risk can be reduced by optimizing modifiable factors like lifestyles, living environment, education level or health literacy, financial ability, and quality of healthcare services.

References

Budreviciute, A., Damiati, S., Sabir, D. K., Onder, K., Schuller-Goetzburg, P., Plakys, G., … & Kodzius, R. (2020). Management and prevention strategies for non-communicable diseases (NCDs) and their risk factors. Frontiers in public health, 788.

Cleveland Clinic. (2022). How Race and Ethnicity Impact Heart Disease. https://my.clevelandclinic.org/health/articles/23051-ethnicity-and-heart-disease/

Cross, T. J., Kim, C. H., Johnson, B. D., & Lalande, S. (2020). The interactions between respiratory and cardiovascular systems in systolic heart failure. Journal of Applied Physiology, 128(1), 214-224.

Mendoza, M. F., Kachur, S. M., & Lavie, C. J. (2020). Hypertension in obesity. Current Opinion in Cardiology, 35(4), 389-396.

Oldroyd, S. H., Manek, G., Sankari, A., & Bhardwaj, A. (2022). Pulmonary Hypertension. In StatPearls. StatPearls Publishing.

 
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PICOT-D Draft – New IPV policy

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PICOT-D Draft – New IPV policy

PICOT-D Draft - New IPV policy

PICOT-D Draft

(PICOT-D Draft – New IPV policy)

Problem Statement

It is not known if the implementation of a new IPV policy would impact IPV identification among IPV victims, current and potential.

Purpose Statement

The purpose of this quality improvement project is to determine if the implementation of a new IPV policy would impact IPV identification among current and potential IPV victims. The project will be piloted over an eight-week period in an urban primary care clinic.

PICOT-D Question

Among current and potential IPV victims, how does the implementation of a new IPV policy compared with the current IPV policy affect IPV cases identification rates within an 8-week period when looking at an individual’s self-report of experiencing IPV ever in the lifetime of their referent relationship and the standardized frequency within two months before interview.

Primary Quantitative Research Articles

Homan et al. (2020), Sangeetha et al. (2022), and Clithero et al. (2016) were selected as relevant, valid, reliable, and appropriate research support for the project topic. The articles are quantitative and published within 7 years the anticipated graduation date. Homan et al. (2020) explores quantitative methods of IPV analysis, aiming to gather valuable information of people perception of why they chose to stay or leave or both an abusive relationship. This study is relevant to the research topic as it provides valuable insights into understanding perception of abusive relationship and how different people respond to IPV. Sangeetha et al. (2022) and Clithero et al. (2016) address advocacy and policy as interventions to addressing intimate partner violence. These studies provide insights into the proposed intervention and how it can be adopted as a health policy at the workplace to guide IPV identification to foster early intervention and prevention of pervasive abusive relationships that have detrimental impact on the victim.

References

Homan, C. M., Schrading, J. N., Ptucha, R. W., Cerulli, C., & Ovesdotter Alm, C. (2020). Quantitative Methods for Analyzing Intimate Partner Violence in Microblogs: Observational Study. Journal of medical Internet research, 22(11), e15347. https://doi.org/10.2196/15347

Sangeetha, J., Mohan, S., Hariharasudan, A., & Nawaz, N. (2022). Strategic analysis of intimate partner violence (IPV) and cycle of violence in the autobiographical text–When I Hit You. Heliyon, 8(6), e09734. https://www.sciencedirect.com/science/article/pii/S2405844022010222

Clithero, A., Albright, D., Bissell, E., Campos, G., Armitage, K., Solan, B., & Crandall, C. (2016). Addressing Interpersonal Violence as a Health Policy Question Using Interprofessional Community Educators. MedEdPORTAL : the journal of teaching and learning resources, 12, 10516. https://doi.org/10.15766/mep_2374-8265.10516

 
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PICOT-D Draft – New IPV policy 

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PICOT-D Draft - New IPV policy 

PICOT-D Draft – New IPV policy 

Problem Statement

It is not known if the implementation of a new IPV policy would impact IPV identification among IPV victims, current and potential.

Purpose Statement

The purpose of this quality improvement project is to determine if the implementation of a new IPV policy would impact IPV identification among current and potential IPV victims. The project will be piloted over an eight-week period in an urban primary care clinic.

PICOT-D Question

Among current and potential IPV victims, how does the implementation of a new IPV policy compared with the current IPV policy affect IPV cases identification rates within an 8-week period when looking at an individual’s self-report of experiencing IPV ever in the lifetime of their referent relationship and the standardized frequency within two months before interview.

Primary Quantitative Research Articles

Homan et al. (2020), Sangeetha et al. (2022), and Clithero et al. (2016) were selected as relevant, valid, reliable, and appropriate research support for the project topic. The articles are quantitative and published within 7 years the anticipated graduation date. Homan et al. (2020) explores quantitative methods of IPV analysis, aiming to gather valuable information of people perception of why they chose to stay or leave or both an abusive relationship. This study is relevant to the research topic as it provides valuable insights into understanding perception of abusive relationship and how different people respond to IPV. Sangeetha et al. (2022) and Clithero et al. (2016) address advocacy and policy as interventions to addressing intimate partner violence. These studies provide insights into the proposed intervention and how it can be adopted as a health policy at the workplace to guide IPV identification to foster early intervention and prevention of pervasive abusive relationships that have detrimental impact on the victim.

(PICOT-D Draft – New IPV policy )

References

Homan, C. M., Schrading, J. N., Ptucha, R. W., Cerulli, C., & Ovesdotter Alm, C. (2020). Quantitative Methods for Analyzing Intimate Partner Violence in Microblogs: Observational Study. Journal of medical Internet research, 22(11), e15347. https://doi.org/10.2196/15347

Sangeetha, J., Mohan, S., Hariharasudan, A., & Nawaz, N. (2022). Strategic analysis of intimate partner violence (IPV) and cycle of violence in the autobiographical text–When I Hit You. Heliyon, 8(6), e09734. https://www.sciencedirect.com/science/article/pii/S2405844022010222

Clithero, A., Albright, D., Bissell, E., Campos, G., Armitage, K., Solan, B., & Crandall, C. (2016). Addressing Interpersonal Violence as a Health Policy Question Using Interprofessional Community Educators. MedEdPORTAL : the journal of teaching and learning resources, 12, 10516. https://doi.org/10.15766/mep_2374-8265.10516

 
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Memorandum – Wrongful Deaths

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Memorandum – Wrongful Deaths

TO: CEO

FROM: Student Name/position in the company

DATE: March 8, 2023

SUBJECT: Critical Incident Analysis

Memorandum - Wrongful Deaths

There are six claims of wrongful deaths, and most are Covid-19 related. Only one of the wrongful death claims involves a machinery accident. The following information provides details of the analysis for each case:

Bhashar Quan

Bhashar Quan died after potentially contracting Covid-19 at the workplace. The complaint attributes the death to a lack of health and safety considerations at the workplace. The complaint accused the company of failing to be proactive in implementing the CDC’s Covid-19 protocols which contributed to the virus contraction and eventually death. If the case is proven, the company is liable under the Occupation Safety and Health Act, which requires employers to ensure the safety of employees at the workplace (Michaels & Wagner, 2020). This complaint is high risk because the employee’s representatives have threatened legal action if the requested settlement of over $2M is not provided for the wrongful death claim.

The plaintiff argues that the company is liable for the wrongful death of Bhashar Quan for not implementing proper Covid-19 health and safety standards per the CDC’s guidelines. However, the company can defend itself by proving the employee contracted the virus outside the company premises and that it implemented Covid-19 safety rules per CDC and OSHA’s guidelines. The plaintiff has a case if they can prove that the company did not enforce Covid-19 protocols.

In this case, it is difficult to determine whether the employee contracted the virus at work or outside the workplace. Per the interviews, an individual was instructed to collect individual temperatures before entering the premise. This individual should be interviewed to determine if Bhashar Quan and other employees who died from Covid-19 showed any signs of fever and what steps the company took to address the issue. Additionally, employees that worked closely with Quan should be interviewed regarding any signs Quan might have shown related to Covid at the workplace.

Michael Haskill

The employee died from an accident attributed to negligence. Michael Haskill died from a fatal accident after being hit by a forklift that an employee drove; the complainant claims without proper certification and experience to operate the machine. The company is liable for ensuring the safety of employees per the Occupational Safety and Health Act which requires employers to ensure the safety of employees at the workplace (Michaels & Wagner, 2020). The complaint is high risk because the complainant has reached an attorney and requested compensation of $2.5M for the wrongful death of Haskill, without which the case will proceed to court.

The plaintiff claims that negligence from the company’s side led to the wrongful death of Michael Haskill. Negligence claims arise from the fact that the company allowed an individual without proper qualifications and experience to operate a machine. CapraTek has to prove no negligence or shift liability to the specific employee that caused the accident to avoid liability. The company has to prove that the employee in question is qualified and experienced to operate the machine before shifting liability. No witnesses have been involved in this case, leaving many unanswered questions regarding the accident’s circumstances. In this case, an interview with witnesses would help clear any uncertainties and determine whether the claim is justifiable.

Susan Harewood

The claim of the wrongful death of Susan Harewood is Covid-related. The complainant argues that Susan Harewood contracted the virus at the workplace due to the lack of health and safety considerations. The claim points to the company’s negligence by failing to enforce necessary Covid-19 measures that contributed to the wrongful death of Harewood. If the claim is substantiated, the company is liable under the Occupational Safety and Health Act, which requires employers to ensure the safety of employees at the workplace for failing to adjust the workplace to adapt to Covid-19 protocols (Michaels & Wagner, 2020). This case is high risk because Harewood’s parents have threatened legal action if a settlement of $6M is not made.

The plaintiff’s case is based on proof of negligence and the company’s failure to implement Covid-19 protocols to protect employees from the virus per the CDC’s provisions. The company can avoid liability by proving the employee did not contract the virus at the workplace and that it implemented necessary measures per CDC’s and OSHA’s guidelines. The company also has to prove that the employee is essential, and the selection was considerate of all factors regarding employees that were required to continue working at the office. The court has to determine whether the employee contracted the virus at the workplace, which is the basis of the claim and a claim the company denies.

James Clarke

The claim of James Clarke’s wrongful death points to him contracting the virus at the workplace due to a lack of health and safety considerations. There is also a mention of negligence on the company’s side for failing to be proactive and implementing CDC’s guidelines as early as possible to prevent infections. Additionally, the complainant argues that the company was requested to close, but it did not. If the claim is proven, the company is liable under the Occupational Safety and Health Act, which requires employers to ensure the safety of employees at the workplace for failing to adjust the workplace to adapt to Covid-19 protocols (Rothstein, 2022). This case is high risk because Clarke representatives have threatened legal action if a settlement of $2.575M is not made.

The plaintiff’s case is based on proof of negligence and the company’s failure to mitigate Covid-19 by adopting necessary measures to protect employees from the virus per the CDC’s provisions and closing down per the “local officials'” recommendation. The company can avoid liability by proving the employee did not contract the virus at the workplace and that it implemented necessary measures per CDC’s and OSHA’s guidelines. The company also has to prove that the employee is essential, and the selection was considerate of all factors regarding employees that were required to continue working at the office. The court has to determine whether the employee contracted the virus at the workplace, which is the basis of the claim and a claim the company denies. The local official’s recommendation claim for the company to close is still unanswered because, per the interviews, the company officials deny seeing such a recommendation and deem the company essential. Local officials should be interviewed to substantiate the matter.

Richard Howell

The claim of Richard Howell’s wrongful death points to him contracting the virus at the workplace due to a lack of health and safety considerations. Per the claim, the company failed to implement and enforce necessary measures per CDC’s guidelines as early as possible to prevent infections. If the claim is proven, the company is liable under the Occupational Safety and Health Act, which requires employers to ensure the safety of employees at the workplace for failing to adjust the workplace to adapt to Covid-19 protocols (Rothstein, 2022). This case is high risk because Howell’s representatives have threatened legal action unless the company covers the insurance demand.

The plaintiff’s case is based on proof that the employee contracted the virus in the workplace. The company failed to mitigate Covid-19 by adopting necessary measures to protect employees from the virus per the CDC’s provisions. The company can avoid liability by proving the employee did not contract the virus at the workplace and that it implemented necessary measures per CDC’s and OSHA’s guidelines. The employee is deemed essential, and the company has to prove that the selection considered the employee’s safety. Determining whether the employee contracted the virus at the workplace is challenging, and the plaintiff and the defendant must prove their claims.

Boris Senty

The claim of Boris Senty’s wrongful death points to him contracting the virus at the workplace due to a lack of health and safety considerations. Their attorney mentions negligence on the company’s side for failing to be proactive and implementing CDC’s guidelines as early as possible to prevent infections. If the claim is proven, the company is liable under the Occupational Safety and Health Act, which requires employers to ensure the safety of employees at the workplace for failing to adjust the workplace to adapt to Covid-19 protocols (Rothstein, 2022). This case is high risk because Senty’s attorney has threatened legal action but wants the case to be settled outside the court, requesting a $2.5M settlement.

The plaintiff’s case is based on proof of negligence and the company’s failure to mitigate Covid-19 by adopting necessary measures to protect employees from the virus per the CDC’s provisions. The company can avoid liability by proving the employee did not contract the virus at the workplace and that it implemented necessary measures per CDC’s and OSHA’s guidelines. The company also has to prove that the employee is pivotal to the company, and the selection was considerate of all factors regarding employees that were required to continue working at the office because the employee would have worked at home. The court has to determine whether the employee contracted the virus at the workplace, which is the basis of the claim and a claim the company denies.

Interviewer Evaluation

Unanswered Question and Additional Individuals to be Interviewed

There are multiple unanswered questions the investigator needs to ask for the determination of the case. For instance, the investigator should ask how the company determined whether an employee acquired the virus within the workplace or outside the workplace. How would the company prove or defend against the claim that employees acquired the virus at the workplace? What strategies were in place to determine infected and infected employees? What was the procedure undertaken after the company identified a particular employee is infected? Was the company aware that some employees displayed symptoms but allowed them to continue operating as indicated in some letters? Did the selection criteria of essential employees consider race and ethnicity because most letters show people of color complaining that the workplace was full of new and black employees? To answer these questions, the employee that was assigned the responsibility of checking daily temperatures before employees entered the premises should be interviewed to determine whether, on a particular day, an employee with elevated temperatures was allowed to continue working. The Human Resource Manager and the Head of Operations should be interviewed further on the steps taken to determine whether an infection was acquired at the company or outside, steps taken after an employee displayed symptoms and the selection criteria of essential employees that are deemed biased and discriminatory by new and black employees. The supervisors of the employees who died wrongfully should be interviewed because they are the closest to the employees and are accused of failing to listen to the employees’ grievances. Supervisors will help answer whether some employees displayed symptoms but continued to work as claimed in the complaint letters. This additional information will help determine the liability of the company and defend against the negligence claims in the complaint letters.

Selection of Key Employees Interviewed 

The interview shows robustness in the interview process, including the selection of employees to interview, including Nathaniel Matthews, Chief Operations Officer, Chicago Headquarters; Marcus Norris, Director of Operations, Illinois Plant; Renee Martin, Director of Human Resources, Georgia Plant; Anthony Tsu, Director of Human Resources, Alabama Plant; and Matt Hayes, Director of Staffing, Alabama Plant. These individuals are responsible for making critical decisions that impact the company operations and have a greater say in implementing necessary safety measures to protect employees from Covid-19 and selecting which essential employees. The selection was based on the level of knowledge and authority these employees have in the company. The employees selected know about the company operations and decisions made during Covid-19 and are directly answerable to these decisions. For instance, they were all involved in a meeting arranged by Nathaniel Matthews concerning preparation for Covid-19, measures taken, selection of essential employees, and how the company responded to the stay-at-home order or request. Therefore, the selection was thorough, choosing employees with adequate information for the determination of the cases.

Facts Gathered

The facts gathered are adequate for the determination of the cases and the development of the defense. The interviewer obtains information on when and how the company implemented precautionary measures to protect employees from Covid-19, including the provision of PPE and social distancing rules, the selection criteria for essential employees, when the company held the meeting to respond to Covid-19, what the meeting entailed, who was involved, policy development regarding Covid-19 precautions, the difference in the policies for the various plants, and the content of the policies developed. The interview also gathers facts on the protocol followed to institute changes, the current state of the situation, and whether some workers could have worked from home. Additionally, the interviewer collects information regarding how the company responded to special employees or those with additional needs like pregnancy or disability. These facts are adequate to help the company defend itself and determine liability.

Thoroughness of Interview Questions

The interviewer asks necessary and thorough questions specific to the complaints to understand the company’s liability per the claims. The interviewer asks about when and what precautions were developed, policies developed, the difference in policies for the various plants, selection of essential employees, the protocol followed to implement precautions in the various plants, how the company identified infected individuals, people responsible for instituting changes and selected staff to work onsite or at home, considerations for special needs employees, and how the company responded to workers breaking the rules, or whether the interviewees saw anyone breaking the rules. These questions are necessary to determine the company’s liability and inform the defense team of facts surrounding the various complaints. Furthermore. The questions are probing, and the interviewer ensures a process where one question’s answer leads to another question until a particular fact is thoroughly unraveled. If a particular question is not answered adequately by a specific interviewee, the investigator raises the question again when interviewing the next individual with more knowledge and authority over the elements of the question. For instance, the selection criteria question is raised in all interview scenarios until the last individual, Matt Hayes, who other interviewees confirm he selected essential employees. These probing questions were thorough in gathering the needed facts.

Confidentiality of Interview Transcript

The details of the interviews are recorded and will remain confidential, requiring the employees not to disclose the details to anyone without authorization from CapraTek’s General Counsel, Marjorie Schmidt. The interviewer spells out the confidentiality requirements at the beginning of every interview to ensure the interviewee understands the rules and promises to abide by the confidentiality requirement. The interviewer also specifies confidentiality limits and who owns the confidentiality rights, which is the company and specifically the General Counsel.

Omissions by the Interviewer

However, the interviewer failed to ask the employees whether there was physical proof of fliers or posters that indicated the implementation of Covid-19 rules. It would be necessary to determine whether the employees can prove that necessary measures were implemented to ensure employee safety. The interview also omits information on how the company responded when an employee was infected, the contact tracing procedures and process at the company, whether all employees were tested after one was identified as sick, and what protocols are in place regarding employees getting sick at the plant. This information is also critical in the determination of the cases and the defense efforts.

Confidentiality of the Interview Transcript

Regarding confidentiality and privilege considerations, the interview details should remain confidential and not be shared with anyone without authorization. This interview is for an independent investigation to help the company with the defense; no unauthorized person should know about it. Specific details shared by the interviewed employees, including the selection process of essential and non-essential employees, which most claims say was biased, can prove the company is liable in some cases, which might put the employees at loggerheads with the company or coworkers. Therefore, the personal data of the specific employees should be between the interviewer and the employee and remain anonymous, only the fact gathered from the interviews should be disclosed for defense purposes.

The facts gathered from the interviews indicate that the company was not proactive in implementing Covid-19 measures, did not implement necessary safety measures per the CDC’s and OSHA’s guidelines, train employees to protect themselves against the virus, and adopted a biased approach toward selecting essential employees. If the plaintiff’s attorney obtained these facts, they could be used at trial against the wishes of CapraTek.

The employer cannot guarantee the complete confidentiality of the employees interviewed. However, the investigator must ensure the confidentiality of those involved in the investigation to ensure the integrity of the process is not compromised and the reputation of the parties involved is not ruined (Kilborn & Wise 2018). The employees should not discuss the investigation details with coworkers until it is complete. Lastly, per the NLRB ruling, the employer and the investigator should protect witnesses from potential danger.

References

Kilborn, A., & Wise, P. (2018). Rethink Requiring Confidentiality for Investigations. Society for Human Resource Management.

Michaels, D., & Wagner, G. R. (2020). Occupational Safety and Health Administration (OSHA) and worker safety during the COVID-19 pandemic. Jama, 324(14), 1389-1390. https://jamanetwork.com/journals/jama/fullarticle/2771096

Rothstein, M. A. (2022). The OSHA COVID-19 case and the scope of the Occupational Safety and Health Act. Journal of Law, Medicine & Ethics, 50(2), 368-374.

 
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Analyzing Liability

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Analyzing Liability

Analyzing Liability

Analyzing Liability

Summary

The complaint letter is by Mr. Thomas Lee about his disappointment with the company for failing to ensure a secure workplace for individuals from all backgrounds and nationalities. Mr. Lee is an American of Chinese origin who complains of racial discrimination at the workplace after being accused of bringing COVID-19 to the workplace because he is Chinese. The employee presented a verbal complaint to the supervisor, who failed to listen to him and questioned Mr. Lee’s customs and beliefs. Mr. Lee says the workplace is hostile and intimidating, and he has received threats from other employees who have singled him out for allegations of spreading the virus on the basis of his origin and ethnicity, sending him negative messages through texts, emails, social media and telephone. Mr. Lee continues to point out that several people have died after exposure to Covid-19, insisting the company’s lapse in judgement and preparedness was the primary reason. Furthermore, another letter by Karen Small, also a security guard, seems to confirm the allegation because she points out that she thinks she acquired the virus from Mr. Lee, who the company allowed to spread the disease. Mr. Lee is an American Citizen and has lived in Alabama almost his life and cannot contemplate why he is being singled out for spreading the virus on the mere basis of being Chinese. Mr. Lee says the company has done nothing to address the situation and lacks leadership, which encourages the behavior. He is considering a lawsuit if the issue is not dealt with.

Associated U.S. laws or regulations and how they are relevant to the identified liability

First Mr. Lee complains of racial discrimination at the workplace, which is addressed by Title VII of the Civil Rights Act of 1964. This Act makes it illegal to discriminate against people on the mere basis of their color, race, religion, national origin or sex. For example, Hahn et al. (2018) provide that this Act is fundamental in ensuring racial and ethnic equity and eliminating discriminatory behavior, implying the Act corresponds to the identified liability of preventing racial discrimination based on color, race, gender, or nationality. The law protects all employees from retaliation if they decide to forward a claim on discrimination at the workplace. Mr. Lee also points out that most people acquired and were exposed to the virus because of the company’s lapse in judgement and preparedness, which is addressed by the Occupational Safety and Health Act of 1970, which requires employers to keep the workplace free from hazardous conditions, stressing employees’ rights to information regarding the dangers in their job. For example, in Michaels & Wagner (2020), employers are required by law to offer an environment that protects employees from COVID-19 per OSHA provisions. Michaels & Wagner (2020) provides that only employers can make the workplace safe by enforcing OSHA guidelines, and a failure to do so is considered a non-adherence and non-compliance. This scenario implies that the OSHA is relevant to the identified liability of keeping employees safe from Covid-19 at the workplace. The law also protects employees from being punished if they decide to exercise their rights per OSHA.

The potential harm to the company, its employees, and its workplace culture that could result from a lawsuit emanating from the selected complaint

If the company is found liable for non-compliance with Title VII, it could face penalties for intentional discrimination, enforced as either compensatory or punitive damage up to a maximum provided by the Title VII of the Civil Rights Act of 1964 according to the number of employees in the company. The company would have to pay either back pay, compensatory damages, or punitive damages. For instance, in Lund (2020), the case, titled Bostock v. Claton County, involves the Supreme Court upholding non-discrimination based on race and sex, against which an employer is liable and faces paying compensatory damages. This case implies that if the company is found liable under the interpretation of Title VII of the Civil Rights Act, it would have to pay compensatory damages to Mr. Lee. The confirmation of liability would affect other employees, especially of other nationalities, who have experienced the same and may choose to also forward their case. This liability would label the workplace as toxic, discriminatory, and lacking diversity. If the company is found liable under OSHA for failing to protect its employees from Covid-19 exposure, it could face penalties based on the type of violation, ranging between $15,625-$156,259 per violation. Dealing with litigations for OSHA non-compliance will be costly for the company. For instance, Sadeh et al. (2022) address the cost impact of Covid-19 OSHA citations and specify that fines for non-compliance and regulatory violations have a significant cost impact on a company. If the company is found liable, it means that the company would also be liable for all other Covid-19-related cases, amounting to millions of dollars of fines and compensatory damages that would be detrimental to the company’s finances. It would also mean that the work environment is unsafe, and the company cannot protect its most valuable resource, leading to a demoralized workforce.

Realistic preventative measures that could have avoided legal liability

The company has to promote diversity in the workplace by developing and enforcing anti-harassment and anti-discrimination policies that condemn discrimination based on race, color, gender, ability or disability, sexual orientation, and other identifiers. The company should protect employees from bullying and harassment. Cross-cultural or cultural sensitivity training and education would be necessary to ensure a discrimination-free environment. For example, Shepherd (2019) offers evidence supporting cross-cultural training, including diversity training, anti-racism raining, and micro-aggression training, effectiveness in enhancing cultural competence, safety, humility, and intelligence, which are integral in ensuring a workplace free from discrimination, harassment, and intimidation. The training would include all employees because there are allegations of lapse in conduct and professionalism among low-level employees and supervisors. The training program would ensure that all employees respect cultural and racial differences, act professional in conduct and speech, refuse to instigate, participate, or condone discrimination and harassment, and avoid race-based or culturally offensive acts, including humor and pranks (Shepherd, 2019). Systematic factors contribute to discrimination, harassment, and retaliation in the workplace. Therefore, the company should develop an effective internal complaints procedure and ensure such issues are addressed internally to avoid legal liability. These procedures, coupled with dispute resolution systems can help prevent discrimination and harassment as provided by Dobbin and Kalev (2020), who offer guidelines for making discrimination and harassment systems better.

Individuals and departments that would need to be involved in the proposed measures

Mr. Lee complained of harassment on a daily basis, from a fellow security guard to the supervisor. This case implies a lack of cultural sensitivity and awareness across employees of all levels. Therefore, all employees, including supervisors and managers, will be involved in the proposed measures, particularly the cross-cultural or cultural sensitivity training and education. The Human Resources Department will be involved because it is responsible for outlining disciplinary action policies and procedures to respond to actions or behavior that violate the company’s policies. It will help formulate and enforce anti-harassment and anti-discrimination policies and formalize the internal complaints procedure to orient all employees on the code of discipline.

Viable legal defenses the company could assert in a litigation context in order to defeat the complainant’s claims

The complainant has the duty to prove that he experienced racial discrimination at the workplace, which seems a serious case because the allegations are confirmed in other complaints, implying that employees think Mr. Lee spread the virus under the company’s watch. The company would also have to prove beyond doubt that Mr. Lee did not experience racial discrimination or that if he did, it was unintentional because only intentional racial discrimination is ruled as non-compliance. The company can also counter the claim by stating a lack of substantial evidence indicating that Mr. Lee experienced racial discrimination. The company has to show current policies that protect employees from racial discrimination and how it enforced these policies to respond to the complaint. Mr. Lee is accused of spreading the virus because he is Chinese. If the company can prove that indeed Mr. Lee brought the virus to the workplace, it can avoid legal liability. In the interview transcript, interviewees provide that the company developed safety rules and measures per CDC to protect employees from Covid-19 exposure. It has to prove this claim with substantial evidence to avoid legal liability, given that other complaint letters point to the lapse of judgement and preparedness as the primary cause of over 70% of infections and several wrongful deaths. The company has to convince the jury that employees acquired the virus outside the workplace, which is beyond the control of the employer, to avoid legal liability.

Ethical implications of the scenario and measures that address ethical issues

The primary ethical principles associated with this scenario include fairness, respect, responsibility, and protection from harm. Racial discrimination and harassment in the workplace are perceived as ethical failing due to a culture or practices of disrespect, unfairness, and harm (Elias & Paradies, 2021). It is a violation of human rights due to an unjustified distinction created by the nature of the work environment or policy failures. Racial discrimination impacts negatively the work environment and the company at large. Employees who are harassed and singled out by other employees, including managers and supervisors, feel unheard and unprotected by the company. It creates a toxic environment, forming divides between employees that are detrimental to the company. Employees of other racial and ethnic minorities or nationalities would fear engaging or collaborating meaningfully when the company does not protect them from harassment and discrimination. It would mean increased absenteeism, turnover, poor performance, bad PR, loss of income and litigation, and damaged relationships with other companies that employ an anti-racist or anti-discrimination approach.

Under the ILPA Industry Code of Conduct Guidelines, all individuals should be treated equally in an organization, and a company should not tolerate discrimination based on age, gender, race, religion, sexual orientation, family status, disability, marital status, or political beliefs (Institutional Limited Partners Association, 2018). The company can enforce such measures to prevent ethical failing and unethical behavior as a measure to promote ethical conduct in the workplace. The company should condemn discrimination and racism, protect employees from bullying and harassment, and promote a diverse and inclusive environment where employees respect each other’s differences.

References

Dobbin, F., & Kalev, A. (2020). Making discrimination and harassment complaint systems better. WHAT WORKS?, 24.

Elias, A., & Paradies, Y. (2021). The Costs of Institutional Racism and its Ethical Implications for Healthcare. Journal of bioethical inquiry, 18(1), 45–58. https://doi.org/10.1007/s11673-020-10073-0

Hahn, R. A., Truman, B. I., & Williams, D. R. (2018). Civil rights as determinants of public health and racial and ethnic health equity: health care, education, employment, and housing in the United States. SSM-population health, 4, 17-24.

Institutional Limited Partners Association. (2018). Code of conduct: harassment, discrimination and workplace violence: Guidelines for the private equity ecosystem.

Lund, N. (2020). Unleashed and Unbound: Living Textualism in Bostock v. Clayton County. Clayton County (July 14, 2020). Federalist Society Review, 21, 20-15.

Michaels, D., & Wagner, G. R. (2020). Occupational Safety and Health Administration (OSHA) and worker safety during the COVID-19 pandemic. Jama, 324(14), 1389-1390.

Sadeh, H., Mirarchi, C., Shahbodaghlou, F., & Pavan, A. (2022). Predicting the trends and cost impact of COVID-19 OSHA citations on US construction contractors using machine learning and simulation. Engineering, Construction and Architectural Management, (ahead-of-print).

Shepherd, S. M. (2019). Cultural awareness workshops: limitations and practical consequences. BMC Medical Education, 19(1), 1-10.

 
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Nursing Case Study Calculations

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Nursing Case Study Calculations

Nursing Case Study Calculations

  1. Read Case 12-2 of the textbook and answer the related questions using information gleaned in Chapter 12.
  2. What challenges in conducting business across cultural divides does this case demonstrate

Language barriers are a significant problem for international businesses or those conducting business across cultural divides. Even the most experienced companies still struggle with language barriers and run into problems with suppliers or partners. In this case, the language business between Bryan and the Chinese manufacturer creates miscommunications that threaten the business relationship and plans abroad. The dependence on software translation is also an issue because software translations can be inaccurate due to inconsistencies like improper tone usage, wrong word placement, or use of local slang and idioms. Cultural differences are also evident in this interaction, especially with the use of “Sweetheart…” at the beginning of a sentence, which might be a direct translation of how Chinese people approach a sentence or an interaction in their culture.

  1. What specifically would you suggest to Bryan as the next step?

I would recommend using a human translator with immense experience and understanding of both languages and cultures. Human translators have higher accuracy and can understand beyond words, including local slang, intonation, cultural norms and practices, and word formations (Way, 2018). Talking on the telephone with a human translator on speaker would help resolve the language barrier hindering communication and putting the business relationship at risk. I would also advise Bryan to take lessons and learn the Chinese language and culture because, in the future, he might engage with more Chinese partners, suppliers, and manufacturers.

  1. Read Case 12-3 and write the 3-page team memo (individually, not as a team).

Memo

TO: Human Resources Manager

FROM: Human Resources Training Specialist

DATE: March 17, 2023

SUBJECT: Preparing for Sonora

 

I am writing to inform you regarding the criteria for selecting managers and the training program that will be adopted as the company prepares for Sonora. Based on my knowledge and experience of the two cultures, although the US and Mexico are neighboring countries, there have significantly different cultures that impact business and interactions. Extending our business to Sonora would require an understanding of the Mexican culture and the differences between the United States and Mexico in business.

Criteria for Selecting Managers

Managers transferring from the US to Mexico would experience a culture shock due to the variation in cultures of the two countries. Therefore, managers selected should demonstrate intercultural management skills, preferably having some form of previous interaction or experience of the Mexican culture and people. The manager should be flexible and accepting of changes because of the potential cultural shock. Another criterion would check whether a manager can communicate clearly and effectively with colleagues from different backgrounds, given that our current working environment is already diverse with employees from different ethnic groups and nationalities. The managers will also be assessed for their ability to build and nurture effective and efficient transnational teams and demonstrate strategic global thinking.

The manager is responsible for ensuring clear and coherent communication, free from intercultural misunderstandings between co-workers from the United States and Mexico. In this consideration, the managers will be assessed for their ability to display awareness to supervise employees’ entrance into a foreign work environment, oversee effective and appropriate selection, monitoring, and guidance of the company’s representatives serving foreign interests, and negotiate conflict emanating from the intercultural differences. Generally, managers will be selected under the following criteria 1) strong communication skills, including nonverbal communication, empathy, active listening, and conflict resolution; 2) independence, encompassing confidence, sense of initiative, decision-making, and self-knowledge; 3)  problem-solving skills, including creativity, resourcefulness, troubleshooting, and case analysis; 4) adaptability, including cooperation, flexibility, and patient; 5) foreign language skills, with additional skills like critical thinking and sociability; 6) collaboration skills, including diplomacy, leadership, and positivity; 7) cultural awareness, including the understanding of similarities and difference between the US and the Mexican cultures.

Training Program

Cross-cultural training or cultural sensitivity training and education is necessary for transferees moving to Sonora. Despite cultural awareness being a selection criterion, more training and education are required to enhance cultural awareness and understanding and prepare transferees for the cultural shock, bolstering their ability to work effectively in a foreign country and sustain productivity. The training is also needed to improve communication and understanding between individuals of the two countries, minimize the potential for conflict at the workplace, help transferees adapt to the new culture, and enhance creativity and overall work quality. The training program will cover language learning, large cultural variations, nonverbal sensitivity, managerial philosophies, and organizational cultures. The training will also address cross-cultural adjustment strategies for employees and their families, business behavior and cultural etiquette, and strategies to manage cultural shock.

Language learning will introduce transferees to the Mexican official language to enable and enhance communication between transferees and local employees in Sonora. Language learning will generate a virtuous cycle of understanding each other and unite the two cultures. The transferees will learn to listen, read, and speak Spanish before moving to Mexico. Employees will also be educated about the large cultural variations between the two countries, including the interdependence and good for all attitude in Mexico, compared to the U.S., where people are more independent. Mexicans are less straightforward, with more use of idioms and poetic language, unlike Americans, who are more straightforward. Mexicans expect polite use of Jargon, including in email addresses. Mexicans tend to be more hierarchical, and Americans are more egalitarian, which can be a management issue. There is a tendency for Americans to value the self, while Mexicans value the collective. Additionally, Transferees should be prepared for the difference in foods and cuisines in Mexico. These aspects will be addressed during the cross-cultural training to make it easier for relocating employees to adapt to the Mexican culture.

Nonverbal sensitivity will help transferees recognize communication of feelings, intentions, and attitudes from nonverbal expressions of the voice, gesture, body posture, and voice. Fundamentally, employees should understand the difference in nonverbal expressions, considering that U.S. nonverbal gestures are more confrontational, and Mexicans could feel intimidated and uncomfortable. Mexicans communicate with gestures, and common gestures include touching arms and shoulders and patting backs when embracing. In Mexico, hugging and kissing when greeting is the norm to establish a rapport. There are gestures for agreement and disagreement, which transferees should learn and understand to make communication easier. Managing in Mexico can be a challenge, although not significant as before because cultures are converging. Management in Mexico is more hierarchical compared to the U.S., where the company is more decentralized. Employees also respect the hierarchies, and communication between managers and employees is more formal. Establishing trust is also a vital management attribute. Transferees should also learn about the political and legal differences in the Mexican system, which can be an obstacle to managing in Mexico. The training program will address all these aspects to prepare to relocate employees for Sonora.

 

  1. Explain the four axioms of conflict according to Watkins, and how each relates to communication.

According to Watkins (1974), conflicts involve two or more parties, conflicts occur due to perceived mutually exclusive goals, conflicts involve parties who may possess varying values or perceptions, and conflicts are resolved only when each side is satisfied that it has won or lost. The first axiom provides that communication is an essential component in conflict development, considering that conflict involves at least two parties. Therefore, it is vital for managers to understand communication interactions that can lead to conflict and functional communication patterns after conflict resolution. Managers should be good communicators to help resolve conflicts (Watkins, 1974). The second axiom provides that conflicts develop result from perceived mutually exclusive goals that exist due to differences in values and perceptions. Good communication would ensure that parties have a shared goal that satisfies both individual goals (Veltsos & Hynes, 2021). This axiom implies that conflict is vital in developing shared or superordinate goals. Thirdly, conflicts develop between parties with varying values or perceptions. The difference in the value system is the challenge managers have to address to resolve workplace conflict. Finally, conflict can only be resolved when each party feels or is satisfied that it has won or lost. A win-lose situation is common in many cultures, including law courts and elections. However, a win-win situation is also possible when both parties develop shared goals during conflict resolution.

  1. You are the Human Resources manager for a small candle company. You have been tasked with teaching department managers who are used to practicing either avoiding, accommodating, forcing or compromising the win-win strategy of “problem solving.” Write a one-page memo to your boss that explains how you would teach this new strategy, and what you would tell the managers about how this approach differs from – and is better – the one they currently use.

Memo

TO: Boss

FROM: Human Resource Manager

DATE: March 17, 2023

SUBJECT: Teaching the Win-Win Strategy of Conflict Resolution

 

I am writing to provide details on how to train employees to adopt the win-win strategy of conflict resolution and its benefits. Avoiding, accommodating, forcing, and compromising are common conflict resolution strategies in the workplace. The avoiding strategy has low consideration for production and people. The accommodating strategy entails dealing with conflict by ensuring everyone is happy to maintain relationships. Forcing does not consider others’ acceptance, and its main focus is achieving production goals at all costs. Compromising is based on the assumption that half a loaf is better than none, falling between forcing and accommodating strategies, and every party comes out with something from conflict.

The win-lose situation is a norm in many situations, but the win-win situation is also a possibility and can be adapted for problem-solving. The win-win strategy adopts the mutual problem-solving approach rather than the combative one. Mutually acceptable solutions are possible, and management should incline towards this form of problem-solving where employees or conflicting parties concentrate their energies on addressing the problem rather than defeating each other. Compared with the other conflict resolution strategies, the problem-solving or the win-win strategy fosters cooperation rather than competition, establishes trust between parties, reduces status differences, and helps find mutually acceptable solutions.

To implement this strategy, I will educate to managers use neutral instead of emotional terms, avoid absolute statements, ask open-ended questions, ensure parties are communicating on a similar wavelength by repeating key phrases, adopt terms understood by both parties, avoid interruptions, adopt effective listening skills, and understand the importance of physical arrangements. Key steps to achieving a win-win solution include maximizing environmental conditions by reviewing and adjusting conflict conditions, perceptions, and attitudes. The next step involves adopting Dewey’s problem-solving process of defining the problem, analyzing the problem, brainstorming alternatives, creating criteria for a good solution, and assessing alternatives utilizing independently established criteria for a good solution. These principles and problem-solving steps will allow managers to develop mutually acceptable solutions.

References

Veltsos, J. R., & Hynes, G. E. (2021). Managerial communication: Strategies and applications. SAGE Publications, Incorporated

Watkins, C. E. (1974, March). An analytical model of conflict: How differences in perception cause differences of opinion. Supervisory Management 41, no. 3, 1-5 https://eric.ed.gov/

Way, A. (2018). Quality expectations of machine translation. Translation quality assessment: From principles to practice, 159-178.

 
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