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By: Maria Greco Danaher
Sharing an employee's EEOC charge with other employees may violate the ADA.
By Maria Danaher on January 22, 2018
Posted in ADA
The right to communicate with the Equal Employment Opportunity Commission (EEOC) is protected by federal law. In fact, the EEOC's Strategic Enforcement Plan identifies, as one of its six enforcement priorities, "preserving access to the legal system." Recently, one employer learned that a letter from its in-house attorney to its workforce may be viewed as violating federal law by "chilling" employees' willingness to file discrimination claims.
In September 2015, the EEOC filed a lawsuit in federal court in Connecticut, against Day & Zimmermann NPS (DZNPS), a provider of staffing services to the power industry. The suit alleged that DZNPS violated the Americans with Disabilities Act (ADA) when that company sent a letter from its in-house counsel to nearly 150 employees, informing them that one of their co-workers had filed a disability discrimination charge. The letter divulged the name of the employee, the specific allegations in the charge (including the nature of the disability alleged), and the actual accommodations sought by the individual.
The EEOC's lawsuit invoked the ADA's "interference provision," alleging that the sharing of details related to the employee's charge not only amounted to retaliation against that employee, but also created a potential "chilling effect" by intimidating other employees against filing charges in the future. The company responded by stating that the letter was provided to other employees as a "courtesy" simply to alert them that they may be contacted by the EEOC with respect to the original charge.
Cross motions for summary judgment by the parties both were denied by the court. Instead, the court found, in late August of 2017, that the case should be determined at trial by a jury, both on the retaliation claim against the filer of the original charge and on the interference claim affecting other employees.
A settlement was reached in November 2017. In that settlement, the company agreed to "extensive injunctive relief" and $45,000 in compensatory damages to the filer of the original EEOC charge.
This decision involving the EEOC's New York district Office – which oversees NY, Northern NJ, CT, MA, RI, VT, NH, and ME – should be noted by employers and, more specifically, by their in-house counsel. The ADA's interference provision was interpreted in this case as protecting an individual charge filer from retaliation, as well as protecting workers who hadn't yet engaged in any specific EEOC-related activity.
All that is required to establish an ADA interference claim is to point to evidence of an employer action that could be interpreted as coercing or intimidating an employee into not exercising his or her rights under the ADA. In this case, the letter, which included specifics about the employee's disability discrimination charge, was sufficient to get the lawsuit in front of a jury. In-house counsel therefore should ensure that if a letter to other employees is necessary, that letter should be limited in scope and factual information. Such careful action can avoid unintended liability under the ADA's interference provision.
Addressing Requests for Additional Time Off After a Leave of Absence: Walk in the Park, or Maze Without a Map?
Posted in ADA, Reasonable accommodation
Is additional time off after a leave of absence a "reasonable" accommodation? The answer is unclear, and usually is "It depends." Federal courts recently have disagreed with each other on the issue, and the question has received continued and increasing attention after the EEOC's 2016 Guidance on medical leaves under the Americans with Disabilities Act.
In the shadow of that question is a more critical – and often overlooked – issue: the way in which an employee's request for additional leave is approached by an employer. One California employer recently was sent a clear message by a jury when that company completely failed to address an employee's request for additional leave to deal with a post-injury recovery and depression and instead, determined without discussion that it was unreasonable. The jury's total award to the employee, including punitive damages, was over $4.5 Million. Here are the facts:
Della Hill worked as a counselor for a non-profit drug abuse program in Los Angeles County;
In 2014, Hill was honored by the County for her work in that program;
In 2015, Hill injured her arm and took time off to recover from that injury and from a diagnosis of severe depression;
Hill was scheduled to return to work on March 23, 2015, but asked for an extension of her leave until April 11, 2015 – an additional 18 days;
The request was not addressed and, instead, Hill was fired from her job on March 31, 2015 for failing to return from leave, without discussion about any accommodation or possible re-employment in the future;
Hill filed suit under California law, which is analyzed similarly to federal anti-discrimination law;
After a trial, the jury found in favor of Hill and awarded nearly $550,000 in past and future wage loss, and an additional $1.35 Million in compensatory (non-wage) damages;
The jury also determined that the employer's failure to engage in any interactive discussion with Hill was evidence of "malice, oppression, or fraud," and awarded over $2.6 Million in punitive damages.
What's the moral of this story? The jury's reaction, and its resulting message to the employer, was based not on the general question of whether Hill's request for an additional 18-day leave was "reasonable," but on the specific lack of interaction by the employer after that request from Hill.
Employers should seek to understand the distinction highlighted by this jury's verdict. Whether or not a requested accommodation is reasonable is subsidiary to the method used by an employer to address the request. This case points out that the method must include some form of interactive discussion that allows information to be exchanged – both state and federal disability discrimination laws require that. As is obviously illustrated in this case, lack of clear communication can lead to unintended (and unexpected) financial consequences.
(Thank you to Niya McCray at Bradley Arant Bolt Cummings in Birmingham for her analysis of this case.)
Breastfeeding is a "gender-specific condition" protected by the Pregnancy Discrimination Act.
By Maria Danaher on September 19, 2017
Posted in FMLA, Gender discrimination, Pregnancy Discrimination, Title VII
Does Title VII's Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court – the 11th U.S. Circuit Courts of Appeals – recently gave a resounding "Yes" to that question. Hicks v. City of Tuscaloosa, Alabama, 11th Cir., No. 16-13003, September 7, 2017. (With that decision, the Eleventh Circuit becomes the second federal appellate court to answer that question in the affirmative, with the Fifth Circuit having done so in 2013).
Stephanie Hicks was an investigator on the narcotics task force of the Tuscaloosa Police Department. She became pregnant in 2012. In spite of being directed by her supervisor at the time, Lieutenant Teena Richardson, to take only six weeks of leave, Hicks took the twelve weeks available to her under the Family and Medical Leave Act (FMLA) for the birth of her child.
On her first day back from FMLA leave, Hicks was written up for performance issues, in spite of the fact that her most recent performance evaluation stated that she had "exceeded expectations." Richardson also was overheard by Hicks saying that she would find a way to "get [Hicks] out of here." Seven days later, Hicks was transferred from the narcotics task force to the patrol division. As a result of that transfer, Hicks lost her vehicle and weekends off, took a pay cut, and was assigned different job duties.
Hicks then went on leave for postpartum depression. During that leave, Hicks' doctor wrote to the Department, asking that Hicks be considered for alternate duties upon her return, such as a desk job, as the bullet-proof vest she was required to wear for patrol was physically restrictive and could cause breast infections that would impede her ability to breastfeed her child. There was evidence that the City provided desk jobs to employees to accommodate temporary medical conditions/injuries.
When Hicks returned from leave, she requested a desk job where she would not be required to wear a vest, and where she could conveniently take breaks to breastfeed. But because the Chief did not believe that breastfeeding warranted alternate duty, he informed Hicks that her choices were to forego the bullet-proof vest, or to wear a modified vest, and that she could take breaks during her patrols to breastfeed. Hicks considered the "no vest" option to be no accommodation at all, since patrols were inherently dangerous, and she was concerned because the modified vests left gaping, dangerous holes in the protection. She then resigned from employment.
Hicks filed a lawsuit against the City of Tuscaloosa, claiming: pregnancy discrimination; constructive discharge; FMLA interference; and FMLA retaliation. A jury found in favor of the City on the FMLA interference claim, but for Hicks on the remaining three claims. Hicks ultimately was awarded over $160,000, plus her attorney fees and costs.
The City asked the court for judgment in its favor in spite of the verdict or, in the alternate, for a new trial. Those requests were denied. Instead, the Eleventh Circuit found that the case provided "ample evidence that Hicks was both discriminated against on the basis of her pregnancy and that she was retaliated against for taking her FMLA leave," and upheld the jury's verdict.
Here are the events that led to the Eleventh Circuit's decision:
Richardson's statements regarding Hicks, and the length of Hicks' leave;
Actions that were taken within 8 days of Hicks' return from that leave;
Disregard by the department for the request made by Hicks' doctor for alternate duty; and
The Chief's unwillingness to view breastfeeding as an issue requiring accommodation.
According to the Eleventh Circuit, the PDA was meant to extend the protections of Title VII to all matters concerning the childbearing process' "physiological occurrences peculiar to women," including those that are post-pregnancy. While employers do not have to provide special accommodations to breastfeeding workers – other than those required by state law and under the current Affordable Care Act – Title VII and the PDA preclude employers from taking adverse action based on gender-specific physiological occurrences, and Courts now seem to be including breastfeeding in those occurrences.
This case also reminds employers that they must treat women with pregnancy-related conditions the same as workers who aren't experiencing pregnancy-related conditions, as determined by the U.S. Supreme Court in Young v. United Parcel Service, Inc., in 2015.
Employer's "solicitous treatment" of alleged rapist may create a hostile environment for coworker/victim.
By Maria Danaher on August 25, 2017
Posted in Hostile environment, Title VII
Can an employer's perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The 9th U.S. Circuit Court of Appeals recently held that a jury should determine the answer to that question. Fuller v. Idaho Dept. of Corrections, 9th Cir., No. 14-36110, July 31, 2017.
On August 22, 2011, Cynthia Fuller, an employee of the Idaho Department of Corrections (IDOC) was raped outside of the workplace by a co-worker, Herbt Cruz. Prior to that assault against Fuller by Cruz, IDOC had placed Cruz – whose workplace conduct had been the subject of prior complaints by three other female co-workers, but who had received no discipline for those incidents – on administrative leave because he was under criminal investigation for a prior rape reported in July 2011.
IDOC's Deputy Chief directed its district manager to maintain contact with Cruz while he was out on that leave, to keep Cruz informed about the ongoing rape investigation and to "make sure he's doing okay in terms of still being our employee." In addition, IDOC management told its employees that the agency "looked forward" to Cruz's "prompt return" to work.
On September 6, 2011, when Fuller reported the rape by Cruz, she was told that Cruz "had a history of this kind of behavior." But on September 7, one day after Fuller's rape report and the day on which she obtained a civil protective order against Cruz, an IDOC supervisor sent an e-mail to all IDOC employees, including Fuller, telling them to "feel free" to contact Cruz and "give him some encouragement, etc" because Cruz was "rather down, as to be expected."
Subsequently, Fuller requested paid leave under IDOC's policy. That policy – under which Cruz was being paid – allows the Director to grant paid administrative leave in an "unusual situation, emergency, or critical incident." Fuller also requested "guidance" from the IDOC regarding any assistance to which she may be entitled "as a victim."
Fuller's requests were denied, and Fuller was advised to use vacation and sick time for any needed time off. Fuller then applied for and was granted FMLA leave. During Fuller's leave, employees were told that she was absent for illness, but nothing further, which led staff members to assume she was "faking being sick."
Although Fuller had obtained a civil protective order against Cruz, IDOC refused to prohibit Cruz from coming to the premises. Instead, Fuller was told that "Cruz is still our employee [a]nd we have to be conscious of his rights." Further, IDOC's management did not disclose the basis of Cruz's leave to employees because they didn't want to have a "stigma hanging over [him]."
Fuller resigned, and ultimately sued IDOC, including a hostile work environment claim under Title VII. Her claims were dismissed by a federal district court, and she appealed the hostile work environment claim. The Ninth Circuit vacated the dismissal and remanded the claim for trial, awarding the costs of the appeal to Fuller.
Let's review the steps taken by (and inactions on the part of) IDOC that led to the Ninth Circuit's decision, including:
IDOC's prior failure to discipline Cruz for inappropriate workplace behavior;
IDOC's proactivity to "make sure [Cruz was] doing ok" during the criminal rape investigation;
IDOC's announcement to its employees that it was "looking forward" to Cruz's prompt return from that investigation;
IDOC's suggestion that employees provide "encouragement" to Cruz during his leave;
IDOC's rejection of Fuller's request for paid leave, although Cruz had received paid leave; and
IDOC's failure to provide victim assistance/information to Fuller.
Even if each of these, standing alone, had a legitimate explanation, when taken together as a course of action, they could support Fuller's perception that statements of concern for Cruz's well-being – all made by IDOC managers – were based on a belief by those managers that Fuller was lying or that Cruz's reputation was more important to them than Fuller's safety.
According to the Ninth Circuit, such actions and statements could make it more difficult for Fuller to do her job, take pride in her work, or to desire to stay in her work position, all of which could create a hostile work environment under Title VII. Based on that rationale, the Court remanded the matter to allow a jury to decide whether a violation of Title VII existed.
Here, an employer's reaction to an employee's non-work-related action may lead to liability for a hostile workplace. It has become important for employers to realize that outside activities – and employers' reactions to them – may create an unexpected basis of legal liability. Careful analysis of those circumstances, with the assistance of HR and legal when necessary, can help to avoid the risk of such liability.
Can a single use of a racial slur constitute illegal discrimination? One court says . . . maybe.
By Maria Danaher on July 31, 2017
Posted in Race discrimination
After being sued for race discrimination, an employer/company filed a motion to dismiss the claims against it, arguing that a single use of the n-word was not sufficient to state a claim for hostile work environment. The lower court agreed and dismissed the case. But in a decision of which employers should be aware, the 3d U.S. Circuit Court of Appeals reversed the dismissal, clarifying the applicable standard for reviewing a hostile work environment claim. Castleberry v. STI Group, 3d Circ., No. 16-3131, July 14, 2017.
Atron Castleberry and John Brown, both African-American males, were fired without warning or explanation two weeks after they complained that a supervisor used the n-word in talking to a group of workers that included Castleberry. Although both men were brought back to work soon afterward, they were terminated again for "lack of work."
The men brought a lawsuit in federal court, alleging discrimination/harassment and retaliation. The court dismissed the claims on the basis that the facts did not support a finding that the alleged harassment was "pervasive and regular." (Without illegal harassment, there could be no retaliation.)
To succeed on a race discrimination claim in the Third Circuit, a plaintiff must show, under a standard set by the U.S. Supreme Court, that the discrimination was "severe or pervasive." Third Circuit case law, however, has been less-than-clear in articulating this standard. In fact, various past cases in the Circuit have referenced the terms "pervasive and regular" and "severe and pervasive" and, in fact, at times have used more than one standard within one case.
The difference between the correct standard – "severe or pervasive" – and the others is meaningful, because the disjunctive "or" in the correct standard allows isolated incidents, if extremely serious, to rise to the level of discrimination without a pervasive on otherwise ongoing element.
In the specific case being reviewed by the Third Circuit, no factual record had been developed, so there was no way for the court to determine whether the isolated incident complained of was sufficient to state a claim under the correct "severe or pervasive" standard. For that reason, the Court reversed the lower court's decision, and remanded the case back for further review.
The lesson for employers is important: all complaints of discrimination should be reviewed carefully, whether or not the actions complained of occurred multiple times or on only one occasion. No assumption should be made that a single incident cannot support a claim of discrimination or hostile work environment. The determinative factor is whether the incident could "amount to a change in the terms and conditions of employment." If so, the complained of action could be held to constitute discrimination and could support claims of harassment, hostile work environment, and retaliation.
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Company's reaction to claim of unequal pay is a "don't do" check-list for employers.
Posted in Equal Pay, Title VII
Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The 8th U.S. Circuit Court of Appeals recently reinstated a female office worker's equal pay retaliation claim that had been dismissed by a federal district court, and is allowing that case to move forward to a jury. Donathan v. Oakley Grain, Inc., 8th Circ., No. 15-3508, June 28, 2017.
Here's what happened in that case:
A female office employee (Donathan) with a "good work ethic" and no prior poor reviews or prior discipline complained of unequal pay;
Eight days later, Donathan was laid off, along with three seasonal workers and an individual fired for documented performance issues;
Four days later – the first work day after the firings – the three seasonal workers were re-hired, along with a replacement for Donathan;
Donathan's replacement was not licensed to do the job that Donathan had held, and did not possess experience similar to Donathan's;
Donathan filed an EEOC charge and, ultimately, a federal court lawsuit which included a retaliation claim under the Title VII/Equal Pay Act;
The district court dismissed the claims in response to a motion for summary judgment by the employer;
Donathan appealed to the Eighth Circuit, which reversed the dismissal of the retaliation claim.
A plaintiff's ultimate burden in a Title VII retaliation case is to prove that an impermissible retaliatory motive was the "but-for" cause of the adverse employment action, which is a relatively high bar – higher than simply having to prove that the protected activity of the plaintiff was one of the "motivating factors" of the firing. But in this case, the Court held that Donathan's case should be decided by a jury for the following reasons:
The business reason provided by the company for Donathan's layoff was "economic necessity tied to a seasonal downtown" in business, but Donathan's office position never had been included in seasonal layoff in the prior years during which Donathan had worked for the company;
Donathan had no prior negative reviews or disciplinary actions;
A replacement was hired for Donathan by the very next work day;
The temporal proximity between Donathan's complaint of pay inequality and her layoff (there was evidence of a phone call between managers regarding layoffs just after, and on the same day, as Donathan's complaint, and the layoffs occurred eight days later) was "strong evidence" of retaliation.
This case is a check-list of "don't do" actions for employers. First, and importantly, there was no factually supported business-related reason for Donathan's termination. She was a successful employee without prior disciplines or negative evaluations, and her office position never had been included in seasonal layoffs prior to that time. Next, the business rationale given by the company (seasonal slowdown) was immediately clouded by the fact that the three seasonal workers laid off with Donathan were re-hired on the very next business day. Finally, at the same time that it brought back the three seasonal workers, the company hired an individual whose qualifications were measurably lower than Donathan's rather than re-hire Donathan, again weakening its "legitimate business reason" for the termination.
While the dissent in this case suggests that "the majority opinion is a victory for inferring retaliatory intent from temporal proximity," such characterization overlooks the fact that temporal proximity was only one of the number of factors on which the Court's decision was based.
Employers should recognize that thoughtful and careful consideration and investigation of an employee's claim of unequal pay can avoid a retaliation claim and the attendant legal action that most certainly will accompany it. In this case, there was no documented discussion, investigation, or consideration of Donathan's issues prior to her termination and replacement.
Employer pays $100,000 for 30 minutes of employment after firing pregnant applicant.
By Maria Danaher on May 29, 2017
Posted in Gender discrimination
Want a road map on how not to react to a successful applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida, who recently settled a legal claim on that issue. EEOC v. Brown & Brown of Florida, Inc., MDFL, No. 6:16-cv-1326-Orl-37DCI, Consent Decree signed May 3, 2017.
Here's what happened in the case:
In early 2015, Nicole Purcell applied for an entry level position with the brokerage firm of Brown & Brown in Daytona, Florida;
Purcell successfully made it through multiple rounds of interviews;
The company made to Purcell an offer of employment;
Upon receiving the offer, Purcell called the company's Employee Services Coordinator to accept, and asked about maternity benefits, announcing that she was pregnant;
Within 30 minutes of the call, the Coordinator sent an e-mail to Purcell, stating that the company was rescinding the job offer, because they needed somebody in the position "long term";
Purcell filed a Charge of Discrimination with the EEOC;
In July 2016, the EEOC filed a federal lawsuit on her behalf;
The parties recently resolved their differences by entering into a 2-year Consent Decree, with the company agreeing to pay to Purcell $100,000 in damages.
Besides the payment term, the Consent Decree includes provisions requiring Brown & Brown to: take affirmative steps to avoid pregnancy discrimination in the future; create and adopt a pregnancy discrimination policy (to be submitted for approval to the EEOC); distribute copies to every employee and manager, and to every applicant; provide two hours of in-person training on gender discrimination, including pregnancy discrimination, to every manager involved in the hiring process; retain, at the company's cost, a "subject matter expert" (to be agreed upon by the EEC) on sex discrimination to conduct those sessions; provide to non-managers one hour of video or webinar training on the same topic(s); make yearly reports to the EEOC for two years regarding further complaints of pregnancy discrimination, if any; post a Notice of the consent decree at the facility; and retain all documents and data related to compliance with the Consent Decree.
All of this could have been avoided, had the company engaged in an interactive conversation with Purcell regarding any limitations she might have developed related to her pregnancy, and whether any limitations that would have affected her ability to do her job could have been accommodated.
The moral of the story is clear, and the list of employers' do's-and-don'ts is short:
Don't assume that a pregnant employee is unable to do the job, or will be absent for a lengthy period ;
Do document any discussions with applicants who raise the issue of pregnancy, to assure that issued raised are appropriately addressed;
Do ask for (and document) specifics of any accommodation or job modification requested, to assure that all issues are addressed;
Do assure compliance with all federal and state laws regarding pregnancy leaves;
Don't forget about post-partum issues, which also require compliance with federal and state laws.
Dollar sign onesie photo from Zazzle.com.
Employee's failure to actively engage in interactive process supports dismissal of ADA claim.
The Americans with Disabilities Act (ADA) requires both a disabled employee and her employer to work interactively to identify reasonable accommodations for the disabled employee. The 7th U.S. Circuit Court of Appeals has underscored that requirement by dismissing the claims of an individual who, it found, failed to engage fully in the interactive process. Brown v. Milwaukee Board of School Directors, No. 16-1971, 7th Circuit, May 4, 2017.
Sherlyn Brown was an assistant principal with the Milwaukee Public Schools. Beginning in 2006, she experienced knee pain due to severe arthritis; she requested and was granted certain accommodations for her limitations. She was assisted in that process by James Gorton, who was an employment specialist with the Milwaukee Schools.
In 2009, shortly after returning to work from a knee surgery, Brown re-injured her knee while restraining an unruly student. Her doctor then imposed a blanket restriction to "sedentary work with no student interaction." After a few months, Brown's doctor modified the restriction, and provided clarification that Brown "should not be in the vicinity of potentially unruly students." Gorton immediately informed Brown that Brown could not continue working as an assistant principal and that she would be on paid sick leave while he worked with her to find a suitable position.
Over the following two years, and through Brown's additional surgery-related absences and returns, Gorton worked to place Brown into a suitable position. However, nearly every available position required being in the vicinity of "potentially unruly students" since, in reality, such a broad restriction could implicate nearly every student. During the times that Gorton spoke to Brown about the restriction, Brown did not dispute Gorton's characterization of her restrictions, nor did she attempt to explain or revise his understanding.
Gorton's attempts to speak with Brown about the restrictions were well documented. For example, during one 3-week period, he left two voicemails, sent a certified letter, and sent an e-mail saying he would "deactivate" his file if she failed to respond. She eventually replied.
After Brown had exhausted two and a half years of her allowable three-year medical leave, Gorton again contacted Brown's doctor, providing a list of essential functions of Brown's position and asking for an update on Brown's restrictions. Brown's doctor replied that Brown could return to work, so long as she was "not put in a position where she is responsible for monitoring and controlling students that may become uncontrollable." He also confirmed that those restrictions were permanent.
After receiving that letter, Gorton was able to find four vacant lateral positions, but all of which included being around potentially "unruly" students or potentially monitoring or controlling those students, meaning that Brown medically could not hold the positions. Brown's employment then was terminated.
Brown ultimately filed a lawsuit in federal court, claiming that the Milwaukee schools violated the ADA by failing to accommodate her disability and then by terminating her. The lower court granted summary judgment for Milwaukee Schools, and the Seventh Circuit affirmed that decision.
The appellate court's dismissal was based on the undisputed fact that Brown essentially could not work around students – any of whom had the potential to become unruly. (According to the court, "[e]ssentially all students are potentially unruly.")
Brown repeatedly presented Gorton with broad work restrictions with no effort to redefine, further explain, or otherwise delineate the restrictions, other than to say she permanently could not be around or supervise "potentially" unruly students.
On multiple occasions, Gorton asked for additional explanation, but was met with the same description of Brown's restrictions. In each instance in which Gorton asked for additional clarification, he was met with the same language regarding the requirement that Brown needed to avoid interactions with potentially unruly students.
Four days before Brown's three-year medical leave expired, Gorton tried once again to obtain clarification that would help to reassign Brown. In response, Brown's doctor sent a fitness-for-duty certificate that stated there was "no reason why [Brown] could not be around students; she just may not be responsible for controlling those students." Gratuitously, the doctor also suggested that "security" should be available to control students so Brown wouldn't have to.
The Seventh Circuit held that the facts in this case "show that Milwaukee Schools acted consistently with the restrictions imposed by Brown's doctors." It went on the say that "to the extent that Brown is arguing that her restrictions were less severe than Milwaukee Schools believed, the undisputed facts show that Brown failed to hold up her end of the interactive process by clarifying the extent of her medical restrictions."
The instructive value of this opinion to employers is clear: the success of Milwaukee Schools in this case is based upon Gorton's documentation, which relied on job descriptions, statements from the school district's HR department, and Brown's own unchanging statements regarding her concern over being around students. If Gorton had not documented his understanding of Brown's restrictions and his attempts at obtaining clarification from her and her medical providers, the decision in this case may have been completely different.
FMLA is not a tool an employee can use to delay or avoid a termination.
By Maria Danaher on April 18, 2017
Posted in FMLA
The Family and Medical Leave Act (FMLA) makes it unlawful for an employer to "interfere with, restrain, or deny the exercise of or the attempt to exercise" an individual's rights under the FMLA, or to retaliate against an employee for the exercise of rights under the FMLA. However, according to at least one federal appellate court, an employee's use of FMLA to avoid an anticipated firing is not a valid exercise of those rights.
The 1st U.S. Circuit Court of Appeals recently held that a termination decision made after numerous attempts to accommodate an employee's health issues, but prior to that employee's formal request for FMLA leave was sufficient to support dismissal of the individual's FMLA retaliation claim. Germinowski v. Patricia Harris, et al, 1st Circ., No. 16-1306 (April 12, 2017).
In that case, Heidi Germanowski – an employee of the Berkshire Middle District Registry of Deeds for over 10 years – claimed that her supervisor fired her because she requested leave protected by the FMLA. A federal district court dismissed Germanowski's claims, and she appealed to the First Circuit, which upheld the dismissal. The facts are:
During the initial years of her employment, Germanowski initially worked with another employee, Patricia Harris;
In 2013, Harris became Germanowski's supervisor;
The relationship between the two began to deteriorate, with Germanowski claiming to experience "stress and anxiety accompanied by fatigue, hair loss, aches, and gastrointestinal pain" that left her unable to work at times;
Harris allowed Germanowski to take time off when needed, with pay, when Germanowski requested it;
In October 2014, Germanowski suffered a nervous breakdown at work;
Subsequently, Germanowski made specific claims of mistreatment by Harris, including that Harris was "out to get her";
Germanowski received a sport pistol from her husband as a gift;
She informed Harris of the gift, as Harris knew of Germanowski's sport shooting hobby;
Harris expressed her discomfort with the gift, wondering whether Germanowski would carry the gun to work (there is no specific evidence that she did or would have);
On Friday, January 30, when Germanowski attempted to enter the workplace, she was denied access to the building;
On Monday, February 2, 2015, Harris left a message for Germanowski, directing her not to return to the workplace;
Fearful that her job was "in jeopardy," Germanowski sent an e-mail to Harris on February 3, stating that she would be "out sick for the week" and was scheduled to visit her doctor;
On February 5, Germanowski's doctor provided a letter to her, advising her to take a medical leave of absence to pursue treatment;
There is no evidence that the letter was provided to Harris or the employer;
On February 6, Germanowski received a voicemail message from the chief court officer in which she was told that her employment was being terminated effective immediately;
Germanowski sued Harris and the Commonwealth of Massachusetts, including a claim of FMLA retaliation;
The lower court dismissed all claims, including the FMLA claim, finding that Harris had no knowledge of Germanowski's intent to take FMLA leave and therefore, could not have interfered in that right or retaliated because of it;
Germanowski appealed the dismissal to the First Circuit, which upheld the lower court's decision to dismiss the claims.
To support its decision, the First Circuit listed the actions that the employer had taken in the year prior to the firing, including the facts that Harris consistently accommodated Germanowski when Germanowski felt unable to work; that absences allowed by Harris were fully paid; and those absences were not counted against any available leave time.
While Germanowski argued that the temporal proximity between her February 3 e-mail informing Harris she would be "out sick" for a week and her firing on February 5 was sufficient basis for her retaliation claim, the Court disagreed. Instead, it pointed out the "emotionally fraught and longstanding dispute" between Harris and Germanowski, the fear expressed by Harris about the possibility of Germanowski bringing a gun into the workplace, and the subsequent "lock out" of Germanowski based upon that fear. According to the Court:
To think that an employer in such a case fired Germanowski because she asked for some time off while she was already locked out is to suggest that common sense borne of real world experience has no role to play in the plausibility analysis.
Going further, the Court quoted the lower court's statement that the "FMLA is not a tool an employee can use to delay or avoid a termination." Therefore, while there was evidence that Harris and Germanowski had a troubled working relationship and that Germanowski believed that Harris was "out to get" her, such evidence does not support a causal connection between the exercise of rights under the FMLA and a subsequent termination – in fact, according to the First Circuit, those facts mitigate against FMLA liability.
This decision is interesting because it does not focus on the issue typically dealt with by courts: whether notice of serious illness provided by an employee automatically requires FMLA protections. Here, Germanowski's e-mail that she needed to be out for a week – in light of her past medical issues – could arguably have been read as notice of a serious health condition, triggering FMLA protection. However, the First Circuit decided the case on an alternate ground: that the e-mail did not trigger the firing, which already had been in the works prior to the February 3 notice.
The salient issue for the Court was that the FMLA does not protect an employee for every reason while she is on that leave (or requesting it); it protects her only from firing because she requests or takes the leave. Here, while there was evidence of an "emotionally fraught and longstanding dispute" between Harris and Germanowski, there was, according to the Court, no evidence that Germanowski was terminated in retaliation for asserting rights under the FMLA.
Photo from Rachel Simmon's Website ("Fiona's Blog, How to Fight with your Best Friend.")
Title IX may provide legal basis for sexual harassment claims.
By Maria Danaher on April 9, 2017
Posted in Gender discrimination, Hostile environment, Title VII, Workplace Harassment
The 3d U.S. Circuit Court of Appeals may have expanded the mechanisms available for individuals who plan to bring claims of sexual harassment or discrimination against an employer that conducts educational programs or activities, specifically including private teaching hospitals.
Recently, the Third Circuit found that a private teaching hospital could be held liable – under Title IX of the 1972 Education Amendments ("Title IX") – to a female medical resident who claimed sexual harassment by the director of her radiology program. Doe v. Mercy Catholic Medical Center, 2017 BL 69883, 3d Cir., No. 16-1247, March 7, 2017.
Employers know that Title VII of the Civil Rights Act ("Title VII") prohibits discrimination against employees on the basis of sex. Under Title VII, an individual must first undertake and complete administrative prerequisites before filing a lawsuit. Fewer employers understand that under Title IX, an education "program or activity" that receives federal funds cannot discriminate on the basis of sex. Further, there are no administrative prerequisites to a lawsuit filed under Title IX.
Medical residency education programs, during which physicians prepare for independent practice after graduating from medical school, are expensive. The federal government funds direct and indirect graduate medical education payments through Medicare thereby, arguably, bringing those entities within the realm of Title IX protections for employees.
Jane Doe joined the diagnostic radiology residency program of Mercy Catholic Medical Center in 2011 as a second year resident. Doe took classes at the associated university (Drexel), attended lectures, and sat for exams to assess her competency. During her residency, Doe was approached by the director of the residency program, who told Doe he was attracted to her and wished to pursue a sexual relationship. When Does rebuffed the advances, the director allegedly gave unwarranted poor reviews of her performance and downplayed her abilities to other faculty members.
Doe ultimately was dismissed from the residency program and filed a federal court lawsuit under Title IX. The Title IX claims were dismissed by the lower court; the court held that Mercy was not an "education program or activity" and that Doe couldn't use Title IX to circumvent Title VII's requirement to file an administrative charge with the EEOC prior to a lawsuit. The Third Circuit reversed the dismissal, allowing Doe's case to move forward, and holding that Title IX applied to Doe's claims.
The Third Circuit specifically found that the residency program was an "education program or activity" because the program was affiliated with Drexel's College of Medicine, and because Doe was required to learn and train under faculty members. The Court also held that the requirement regarding federal funding should be determined by looking at the entity as a whole, rather than at one specific program. Therefore, the fact that Mercy's Medical Center received Medicare payments brought its radiology program under Title IX's purview.
This case is important to employers who:
Deal with individuals in joint student-employees roles (similar to the resident in this case);
Have joint educational and business purposes (such as the teaching hospital here or, arguably, an on-the-job training center);
Participate in governmental programs, while simultaneously providing educational or training opportunities (for example, a pharmaceutical company that conducts research funded by federal grants, and at the same time provides training or education to its participants).
While Title VII of the Civil Rights Act allows an employee to claim discrimination and/or harassment under that statute, it does not preclude the filings of those claims under other laws. Importantly, the Third Circuit pointed out that the mere fact that an individual is an "employee" does not limit that person's claims to Title VII – allowing individuals in positions similar to Jane Doe in this case two options for legal action.
Most education-related entities (primarily colleges and universities) understand that they are obligated to comply with Title IX. But this Third Circuit decision may lead to an expansion of the use of that statute in gender discrimination/harassment cases, should other federal circuits follow this Court's lead. Employers who may fall within the parameters set forth in this case – even tangentially – should recognize that Title IX also includes requirements such as the appointment of a Title IX coordinator, and the structuring of an internal grievance procedure. It would be wise for such institutions to review the criteria used by the Third Circuit to determine that the program in this case was subject to Title IX.
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Maria Greco Danaher is a shareholder in the Pittsburgh office of the national law firm of Ogletree Deakins, and regularly represents and counsels companies in employment related matters.
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Atlantic Way show to be seen by 50 million
By Alan O'Keeffe
October 03 2014 10:43 PM
The Wild Atlantic Way tourist trail will be highlighted as one of the world's top outdoor activity destinations in a US television series Facing Waves.
The show will be broadcast into eight million US homes through Outside Television, a TV network which specialises in adventure travel, and NBC's Universal Sports channels.
The 30-minute episode will ultimately be broadcast to more than 50 million homes as it is syndicated to more than 25 other countries.
Facing Waves TV show, which is watched by the important adventure tourism segment, selected The Wild Atlantic Way as a top 'stand-up paddling' destination.
The Wild Atlantic Way stretches for 2,500km along Ireland's Western Seaboard from Donegal to Cork and is the longest defined coastal touring drive in the world.
The 'First Lady' of stand-up paddling, Nikki Gregg from Ohio, is currently filming in Ireland with Sligo-based Dave O'Hara.
Filming is concentrated on the Sligo area and will include the famous Mullaghmore wave, and, weather permitting, filming will include paddling from Doolin to Liscannor beneath the Cliffs of Moher.
Fáilte Ireland are working closely with the show producers.
Each 30-minute episode takes viewers on adventure travels to the world's top paddling destinations from the perspective of a kayak, canoe, stand up paddleboard, or raft.
Ciara Sugrue, head of international publicity with Failte Ireland, said that it is a huge boost for the region.
"This year we have been hosting key overseas media along the route.
"Their coverage is generating a positive buzz abroad," she said. "This US TV show gives us a great means of reaching the very people overseas for whom the Wild Atlantic Way was intended."
aokeeffe@herald.ie

redpajama_set_name: RedPajamaCommonCrawl


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I had the opportunity last week to attend Bike Week for the first time. Since 1973 I have been teaching or working in some capacity in education during this time of year. There is no option to take this week off and scoot down to Daytona. Flying there for the weekend on my salary was not an option. Our school spring break schedule never lined up with the early March date of this event. As a bargainer I tried to influence the calendar committee on several occasions and in several different districts but was not able to swing enough votes to support an early spring break. So this year being the first year of my retirement I made up my mind that I would see some of this event.
So I left Monday afternoon a week ago and started driving to Daytona. I was not on the bike as one, it was still below freezing and frostbite would have gotten my face, neck and ears long before I got south enough tp get into weather that was above freezing. Two, I had planned on at least driving for 12 to 14 hours which on the bike I have done before but not so many of them in the dark and deer country. I did drive until just before 4:00 am before hitting a truck stop for some well earned zzz's. I was just north of Chattanooga when I stopped for the day.
On Tuesday after a breakfast I started again and drove through to St. Augustine which would be my jump off point for the next couple of days. I took the scenic route in on Wednesday and headed toward Daytona. I did not quite make it to Daytona before I saw the crowds outside of the Iron Horse Saloon(IHS). Plenty of bikes to look at and they were coming and going at a steady clip so there would be ample faire for my lens. You will see ample shots from the IHS in the gallery at this web site. I hope you enjoy the photos of bikes and some of the characters I spoke with that afternoon.
The gate keeper at the south side port-a-potty's was a vey interesting fellow. A not so retired long haul trucker; he has been working for the IHS for about 19 years. His only complaint was that at this stage in life a 12 hour shift at that gate and on his feet was taking a toll on his body. he has in that time seen some awesome bikes and some interesting riders. Of all that has come and gone over the 19+ years he most enjoyed the music which has been less than 100 yards from his assigned post. No hearing aids yet but that is a yet with a definite could be. Between the music and the bike burnout pit also only about 100 yards from where he is standing the assault on his hearing is non-stop.


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The First Time She Drowned
by Kerry Kletter | Read by Jorjeana Marie
Published by Penguin Random House Audio/Listening Library
Cassie O'Malley has spent the past two and a half years in a mental institution—dumped there by her mother, against her will. Now, at 18, Cassie emancipates herself, determined to start over. She attends college, forms new friendships, and even attempts to start fresh with her mother. But before long, their unhealthy relationship threatens to pull Cassie under once again. As Cassie struggles to reclaim her life, childhood memories persist and confuse, and Cassie must consider whose version of history is real, and more important, whose life she must save.
The download period is now over, but you can locate a CD or download at:
Audible OverDrive Publisher
AudioFile Review
Jorjeana Marie masterfully narrates this story of mothers, daughters, and fractured relationships. After spending nearly three years in a mental institution against her will, Cassie O'Malley is not sure how to move forward with her life. Marie's narration pulls the listener into Cassie's frame of mind as she attempts to re-enter the world. Cassie spirals between self-reflection and defiance while confronting her unreliable memories and struggling to cope with her charming but toxic mother. Marie's deliberately flat and distant tone throughout most of the audiobook perfectly suit Cassie's internal thought process. This makes the moments when Cassie's rage breaks through all the more heartbreaking and realistic. N.M. © AudioFile 2019, Portland, Maine
Read More at AudioFile Magazine
This book is paired with:
By Wendelin Van Draanen
Read by Alex McKenna


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Home Cryptocurrencies Cryptocurrency Market is Under Pressure again
Cryptocurrency Market is Under Pressure again
Amanda Hansen
After a minor rebound over the weekend, the cryptocurrency market was under pressure on Tuesday. Virtual coins are currently experiencing wild price swings as a result of several developments.
Bitcoin (BTC), the world's most popular cryptocurrency, was trading at $33,124, down nearly 4%. Ether (ETH) has dropped almost 7% and is struggling to stay above $2,000.
The entire cryptocurrency market is currently experiencing a broad-based slump. Popular altcoins such as XRP, Cardano, Dogecoin, Stellar, Uniswap, Polkadot, and Litecoin are falling sharply.
The recent weakness in the cryptocurrency market is primarily the result of a $408 million seizure of virtual coins. British police are a part of an investigation into money laundering by organized crime groups.
That could be a significant blow to cryptocurrency trading in the United Kingdom, where central virtual coin exchange platform Binance is already under regulatory scrutiny. On Tuesday, London police announced the seizure of 180 million pounds of an anonymous cryptocurrency. This comes less than three weeks after a 114-million-pound haul as part of the investigation on June 24.
While cash is still king in the criminal world, as digital platforms evolve, we see more organized criminals use cryptocurrency, according to Metropolitan Police Deputy Assistant Commissioner Graham McNulty.
Short-term volatility in the cryptocurrency market expects as a result of this development. Meanwhile, according to data provided by London-based researcher CryptoCompare, trading volumes at significant cryptocurrency exchanges fell by more than 40% in June. Spot trading volumes were down 42.7 percent to $2.7 trillion, while derivative volumes were down 40.7 percent to $32 trillion.
Ethereum shows troubling signs as it falls below the critical support level amid significant profit-taking, falling by 5%. Weak buying pressures from institutional investors have yet to bail out the leading altcoin, as weekly crypto investment product volume falls to its lowest level in many months.
Previously, investors increased their buying pressure on Ethereum because it has become the most popular and widely used development platform. The most recorded real-world use-cases among all intelligent contract applications. Ethereum, the second most valuable crypto asset, has already lost more than half of its value, with a recent chart pattern predicting further declines as it struggles to maintain a price above $2,000 per Ether token. A global, open-source platform for decentralized applications is the most popular altcoin. In other words, the goal was to develop a platform on which anyone could build applications in a decentralized manner.
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Haworth (6.000 ab. ca.) è un villaggio della contea inglese del West Yorkshire, nella regione di Yorkshire e Humber (Inghilterra nord-orientale), situato ai piedi dei Monti Pennini e facente parte - dal punto di vista amministrativo - della parrocchia civile di Haworth, Cross Roads and Stanbury e del distretto della città di Bradford.

Il villaggio è famoso soprattutto come il luogo dove vissero le sorelle Brontë, tanto che la zona in cui si trova ha preso il nome di Brontë Country e che molti dei principali luoghi d'interesse, situati anche nei dintorni, prendono il nome da quello delle tre scrittrici.

Geografia fisica

Collocazione
Haworth si trova al confine con la contea del Lancashire, nelle immediate vicinanze di Halifax, Bradford e Leeds e a nord di Hebden Bridge.

Società

Evoluzione demografica
Al censimento del 2001, Haworth contava una popolazione pari a 6.078 abitanti.

Storia
Haworth si sviluppò a partire dal 1840 grazie all'industria tessile e manifatturiera.

Architettura
Il villaggio presenta strade in acciottolato ed ha in gran parte conservato l'aspetto che aveva nel XIX secolo.

Lungo la via principale, la Main Street, si trovano caffè, pub, sale da tè, ecc.

Edifici e luoghi d'interesse

Chiesa parrocchiale
La Haworth Parish Church, risale alla fine del XIX secolo e fu realizzata al posto della vecchia chiesa parrocchiale, demolita nel 1879.

Brontë Parsonage Museum
Il Brontë Parsonage Museum è un museo dedicato alle scrittrici Anne, Charlotte ed Emily Brontë, che è stato allestito nella casa georgiana, risalente al 1778-1779,  in cui le tre sorelle vissero a partire dal 1820 insieme al padre, nonché reverendo Patrick e al fratello Branwell e in cui composero i loro romanzi più celebri. Nelle stanze, rimaste com'erano all'epoca, sono esposti manoscritti, lettere e oggetti vari appartenuti alle scrittrici, vi si trova inoltre una piccola statua e una breve biografia di Charlotte Brontë redatta dalla sua amica Elizabeth Gaskell.

Brontë Bridge

Brughiera di Haworth

Cascate Brontë

Brontë Chair

Top Withens
Nei dintorni di Haworth si trova Top Withens o Top Withins, una fattoria (ora in rovina), che si suppone abbia ispirato la descrizione della casa di Heathcliff fatta da Emily Brontë nel suo romanzo Cime tempestose (Wuthering Heights).

Amministrazione

Gemellaggi
  Haworth (New Jersey), Stati Uniti d'America
  Machu Picchu, Perù

Galleria d'immagini

Note

Altri progetti

Collegamenti esterni
   Haworth Village - sito istituzionale
  Visit Haworth & Brontë Country su Visit Bradford.com

Villaggi del West Yorkshire

redpajama_set_name: RedPajamaWikipedia


Known as the world's most expensive spice, saffron has been used for thousands of years in European, Indian and Persian cuisine. It's unique sweet-savory flavor and distinct aroma elevates anything it is blended with. This smooth, bright golden cup is finished with the delicate, floral notes of fresh rose petals for an ethereal sip.
The premium saffron in this tea comes from Rumi Spice, a company founded by former U.S. Army officers who served combat tours in Afghanistan. Sourced from local Afghan farms, they employ 2,000 women to hand-harvest the delicate crimson stigmas of the flowers. Committed to empowering Afghan women and its economy, Rumi reinvests back into agricultural and manufacturing infrastructure.
Ok but just not enough to really love it.
4 Stars Ok but just not enough to really love it.
It's a soft, mellow, even soothing tea. The flavor is wonderful. It just wasn't as strong as I wanted it to be. Mostly what I got was the rose flavoring. I expected more. I wanted it to be richer.
Solid mix of slight sweetness, complex and flowing florals, subtle and unique earthiness of saffron, with a smooth finish. Absolutely wonderful.
5 Stars Wow, so smooth!
I enjoy rose black tea, like the flavor of saffron in cooking, and enjoy drinking a few cups of herbal tea each afternoon so decided to try this and I really like it! It's a complex but very balanced mix of flavors, the components don't overpower each other at all, yet so smooth and warm. I added a little stevia which brought out the flavors more. I will definitely be back for more of this because it's going to be one of my afternoon go-to teas! Please keep this tea around as it is a winner!
This tea is a very interesting, complex yet subtle blend of flavors. I can taste a little sweetness, but it is not assertive enough to define its source. The other flavors create a nice, balanced background. It's really hard to describe the flavor of this tea - the flavors blend so well. My husband and I have been enjoying it hot. He adds a little sweetener to his, I enjoy it as is.


On Novermber 13th, 2004 Justin gave his life in the service of his country. Justin's actions saved the life of several other Marines serving with him. Read more about Justin's actions on November 13th.
This site is dedicated to Justin and his contributions to the USMC, and this nation - we will never forget!
If have information or photographs that you would like to share, please let us know.


City Pass was recently invited by the Thien Minh Group (TMG) to visit their new resort, Victoria Nui Sam, along with the recently acquired La Longanier. Since I'm the main writer for City Pass, I had the unenviable task of taking three days out of the office while being shuttled around to different resorts. Let me tell you, it was a tough job!
The first stop was at Victoria Nui Sam which is located in Chau Doc. TMG has spent the last year gutting the original hotel and starting fresh with a design unlike any they've done before. While still using the standard colour palette found in most Victoria hotels, Nui Sam has a more contemporary feel. One element that they kept is the stunning panoramic view, overlooking lush green rice paddies and mountains in the distance. Each of the 21 bungalows, along with the infinity pool, shares the same stunning view. Nui Sam was also designed with a social conscience. The resort has eco-friendly elements such as on-site water reclamation, an herb and vegetable garden on the premises that supplies the resort's restaurant, and using the breezy location to supply airflow to the cliffside restaurant. The resort also runs a vocational training school which will train 23 students from the local area for one year. After that year, they will have the opportunity to join the ranks of the Victoria hotel group.
Along with the Nui Sam resort, we also visited La Longanier restaurant in Can Tho. We were able to take a small boat down the Mekong which gave us a bit of insight into life on the mighty river. Upon arrival, we were shown to a sampan where guests can stay the night in luxury. The restaurant has an open- air plan that accentuates it's surroundings. Black wicker chairs with yellow table cloths that take you back to the days of Indochina's colonial past. Our group was led upstairs where we were treated to a luxurious 4- course lunch. After lunch, our group headed back to the buses which take us back to Ho Chi Minh City.
Many thanks to the Thien Minh Group for the invitation!


For those who had hoped to see Bryce Harper take on Aaron Judge during this year's Home Run Derby, good news may be on the way.
Speaking Wednesday at a logo unveiling for the 2018 All-Star Game, which will be played in Washington D.C., Harper talked about his availability for next year's home-run contest.
"If I do have the opportunity to play in the All-Star Game next year, I'll definitely do the Home Run Derby," Harper said, via ESPN.com.
Heading into Wednesday night's action, Harper had already clobbered 25 home runs this season, while also sporting a lofty .335 batting average.
While many may believe Giancarlo Stanton and Judge's recent Home Run Derby wins sparked Harper into action, it was actually Todd Frazier's home win with the Reds in 2015 that caught Harper's eye.
"When Frazier did it in Cincinnati, we were all sitting there, fans were going crazy and he was able to do everything possible for his town and his city," Harper said. "To be able to come to D.C. every single year and play here for seven months, eight months out of the year, this is my home."
Harper will become a free agent in 2019 - which is likely too close for comfort for some Nationals fans - so they should like hearing that he considers Washington D.C. as his home.


James Latham are pleased to be able to support the Timber Trade Benevolent Society.
The Timber Trades Benevolent Society (TTBS) http://www.ttbs.org.uk/ with a UK central office based in Staffordshire, was founded in 1897, originally in London and thereafter with voluntary Regional Committees covering London & Home Counties including East Anglia, Wessex (Hants & Dorset), Bristol & Western Counties, South Wales, the Midlands, Yorkshire & Humberside, the North West, the North East & Cumbria and Scotland.
The timber trade sectors covered by the TTBS charity criteria includes companies engaged in the trading and distribution of wood based products, such as Timber importers and agencies, Timber merchants, Timber based sheet material importers and merchants and more recently, Trussed Rafter Association (TRA) fabricator member companies and accredited timber preservative processing companies with employees involved with treatment of bulk timbers for the above end users.
All TTBS benefits are discretionary charitable payments, which can be reviewed or revised by the Trustees at any time and as such, should not normally affect any other entitlement to benefits provided by the State.
TTBS benefits are numerous, but include regular Quarterly allowances, Telephone rental allowances, TV licence payments, a Winter Warmer fuel grant, Christmas and Spring payments, luxury Christmas hampers and occasional respite and funeral grants, together with one off purchases of white goods and televisions.
The TTBS would welcome new applications from employees from the timber trade sectors listed above, who have been employed in the industry for at least 10 years (or 5 years in exceptional circumstances) and who require assistance.
These applications will then be referred to the Regional Committee closest to the applicant's home address and employment and a visit arranged by the local representative to discuss specific needs.
Thereafter, the Regional Committee will make benefit recommendations to the TTBS General Manager, which will then be considered by the Trustees and Board of Management.


Cocaine has long had a reputation of being prevalent among the upper-echelons of society. It's the drug for the high roller or business exec. As an energy-boosting stimulant, it's often used to increase productivity in order to keep up with the competition. Yet, not only is cocaine illegal, it's also a highly addictive substance that can be fatal in as little as one dose.
In fact, according to the National Institute of Drug Abuse, in 2017, cocaine was responsible for more than 14,000 deaths. Like any other addictive substance, cocaine will eventually hijack a person's life. In order to free oneself from this addiction, entering a cocaine addiction treatment center that offers integrated treatment offers the best chance at restoring a life.
Cocaine is a potent and addictive stimulant. On the street, dealers typically sell it as a white, fine powder. It also can be cooked up with other chemicals in order to form a smokable rock called crack.
Cocaine can be snorted, rubbed along the gum lines (to numb them), or dissolved in water or alcohol and injected directly into the veins. Depending on the method of ingestion, a user's high will vary in severity.
Cocaine use often begins by snorting a few lines at a party. After experiencing the burst of euphoria, a person may then begin to seek out the drug. This is especially dangerous in situations where another mental illness is present. When cocaine is ingested it activates the reward center of the brain, causing a release of dopamine that ignites feelings of pleasure and extreme happiness.
As with other substances, as the frequency and dosage of cocaine increases, a person's life will begin to spiral out of control. Cocaine is very addictive. It doesn't take people long to develop a craving for it once they start using it. When addiction sets in, it's hard for them to stop using the drug even if it causes them physical and mental harm. In this case, checking into a cocaine addiction treatment could be integral to save a life.
Respiratory issues are common among people suffering from cocaine abuse. As a stimulant, the drug makes the heart beat faster. This effect not only raises people's internal body temperatures but also puts significant strain on their hearts and could potentially lead to a heart attack, stroke, or seizure. Finding recovery through a cocaine addiction treatment program could help prevent these life-threatening consequences.
Cocaine addiction treatment requires more than just treating the problem itself. Substance abuse often develops in tandem with other mental illnesses, such as anxiety, PTSD, or depression. Regardless of what came first, in order to best treat both the addiction and mental illness a cocaine addiction treatment program that offers dual diagnosis provides the best chance at total recovery.
Treating these underlying mental disorders is just as important as managing the addiction itself. After all, sometimes these underlying issues lead to addiction because people self-medicate to cope with the adverse symptoms. Failure to address these mental disorders can lead to relapse after they receive treatment.
Cocaine use is expensive, so people generally can't afford to keep up the habit for long. When this happens, they turn to other drugs that are cheaper. Unfortunately, the cheaper drugs can be the most dangerous.
In terms of cheaper stimulants, the go-to drug is usually meth. This very dangerous substance can lead to addiction after just one use.
At First Step Center of Arizona, we're more than just a rehab center. We're a dual diagnosis treatment facility that commits to the overall well-being of its clients. Our cocaine addiction treatment program includes dual diagnosis treatment and mental health addiction therapy services.
Don't let your addiction send you down the wrong path. Let us provide the cocaine addiction treatment that you need. Contact First Step Center of Arizona today at 866.832.6398 for more information about our facility.


The polling institute also sampled opinions of 698 residents in Florida, where Saint Leo University is based. The survey was conducted October 16 through October 22, 2018, using an online survey instrument. The Florida poll has a +/- 3.5 percent margin of error at a 95 percent confidence level (on a composite basis).
Three-fifths of Americans polled, 59.4 percent, say they have pets at home. In Florida, 60.9 percent of poll respondents say they own pets.
Poll respondents also were asked about their holiday spending on pets. The average amount pet owners anticipate spending or have spent on holiday gifts for their pets is $237.37, the Saint Leo poll shows. Among Florida respondents, the average is $233.34. These figures are much higher than when the Saint Leo University Polling Institute last posed the questions. In 2015, Americans said they would spend $98.97 and Florida respondents said they would spend $121.38 on holiday gifts for their pets.
Dr. Keith Jones, associate professor of marketing at Saint Leo University, said he has followed the pet industry for 10 years and frequently discusses it in the classroom.
The pet industry was not negatively affect by the recession in 2008, Jones noted, and has continued to grow.
METHODOLOGY: This national survey was conducted October 11 through October 17, 2018, among a base of 1,167 respondents, using an online instrument. Politically, the composition of the sample was 24.9 percent Republican, 24.9 percent Democrat, 26.9 percent independent (or unaffiliated); and 8.7 percent from another party. The remaining 14.7 percent indicated they are unsure. The survey has a +/- 3.0 percent margin of error at a 95 percent confidence level on a composite basis.


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Members of the public are invited to learn about the latest archaeological discoveries being made by our University's Archaeology fieldschool at Bradgate Park, Leicestershire, during a free family Open Day on Sunday 3 July between 11.00am – 4.00pm.
Academics, professional archaeologists and students from the University's School of Archaeology and Ancient History are working together to uncover the hidden history of this popular attraction over a five-year programme of research (2015-2019).
The Bradgate Park fieldschool project encompasses a series of excavations, topographic and geophysical surveys, environmental reconstructions and standing building surveys, providing a fantastic opportunity for training in archaeological practice for students.
Project co-director, Dr Richard Thomas from the School of Archaeology and Ancient History explained: "Previous excavation of flint artefacts has shown us that Ice Age hunters were operating within the Park almost 15,000 years ago. We also have the ruins of the birthplace and childhood home of Lady Jane Grey which was completed in 1520. But there are huge gaps in our knowledge of the Park in between and we are hoping that this season's excavations will begin to fill in some of these."
While the focus of the second season is on uncovering more evidence dating back to the medieval period of the medieval moated site, which contains a stone building that may have been a hunting lodge, the archaeologists hope to find more signs of the Ice Age hunter-gatherers migrating across Europe to benefit from warmer climes – building on the recent excavation of thousands of late Upper Palaeolithic flint artefacts by the University of Leicester Archaeology Services (ULAS).
Among the activities members of the public who attend the Open Day will be given the opportunity to take part in are the chance to meet a medieval knight and learn about medieval cooking and an opportunity to speak to archaeologists about the excavations.
The free family Open Day takes place on Sunday 3 July between 11:00am and 4:00pm for members of the public to learn more about the latest archaeological discoveries in the park and there will also be two end of season excavation tours on Saturday 16 July, 10.00AM - noon and 2.00pm - 4.00pm as part of the Festival of Archaeology.
More information about Season Two of the fieldschool at Bradgate Park is available here
Press release including full list of activities during the Open Day on 3 July
Watch a video of the first season of the fieldschool at Bradgate Park below:
£1.8m AHRC funding awarded to Leicester's School of Archaeology and Ancient History


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James Brent Funds Earlybird Extension
Argyle Media
WE are rewarding the extraordinary loyalty of our supporters by reopening our discount on club Membership prices for next season – for a limited period only.
More than 2,000 of our legendary Green Army saw the Pilgrims retain our Football League status at Rochdale on Saturday.
That followed a magnificent 10,000-plus Home Park crowd for the final home League 2 game of the season seven days earlier.
In recognition of such continuing passion and loyalty for the club, owner James Brent has asked the Argyle Board of Directors to extend the earlybird prices for 2013-14 club Membership – including an all-important season-ticket for every home league game – until this Saturday, May 4 – and he will personally fund the discount extension.
A full Adult Membership has an earlybird price of £299, which goes up by £50 to £349 post deadline, while a Family Ticket's pre-deadline price of £339 will increase to £384 after Saturday.
There are similar impressive earlybird discount savings to be made across the board for complementary concession prices and White Members.
However, James and his family have generously decided to bear the cost to the club of the difference between the pre and post deadline prices over this extended earlybird period through a family company.
James said: "The Green Army deserves no less than this.
"It is a first for me to say that the bigger the discount we pay, the happier I will be!"
More than 3,000 fans have already taken advantage of the earlybird prices, deciding to Join the Club even before Saturday's vital outcome at Rochdale.
Membership of Argyle for next season focuses on keeping down the cost of watching the Westcountry's favourite team: the earlybird price of £299 for a full adult Membership – including, remember, a season-ticket – works out at just £13 a game, every game.
There is also a range of complementary concessionary prices for over 65s, students, under 21s, disabled, serving armed forces and in the Pilgrims' award-winning Family Zone For All.
Members will also receive exclusive benefits, including Members' only events; priority cup tickets; 10% discounts at Saltrock and Akkeron Hotels; and a £5 club voucher.
We are also offering flexible finance deals to help spread the cost over four or ten months.
To Join the Club for 2013-14, or for further details, fans should contact the Argyle Ticket Office on 0845 872 3335 or email them at tickets@pafc.co.uk.
To help fans purchase their Membership, the club has decided to extend the Home Park ticket office by an extra three hours next Saturday, May 4. It will now close at 4pm.
MAYFLOWER GRANDSTAND
If the Mayflower Grandstand is unavailable in 2013-14 because of the start of the planned rebuild, all existing Mayflower Members will be able to choose a new seat elsewhere in the stadium. Seats will be allocated on a First Come, First Served basis.
Current Mayflower Members who are Members when a new grandstand opens will be given priority choice of available seating in the new grandstand. All current Members' seats will be reserved until May 31, 2013. After that, Argyle will hold a 'relocation week' when Members will be able to swap seats if they so wish.
Click here for full terms and conditions, here for the opportunity to download flexible finance forms, and finally, here for an application form.
Remember, though – these earlybird prices will not be available after 4pm on Saturday, May 4.
May the fourth be with you.


An upsurge in violent attacks in north-east Nigeria has displaced nearly 60,000 people in the last three months, the UN migration agency, IOM, said on Tuesday.
Government efforts to drive back the non-state armed groups that operate in north-eastern Nigeria have been hindered by the Harmattan dust cloud – an annual phenomenon that sweeps across west Africa from approximately November to March.
Tens of thousands of civilians have fled into already overcrowded camps, mainly in Maiduguri, the capital of Borno state, while others have sought refuge in neighbouring states in the Lake Chad region.
A more than $200 million appeal has been launched to bring life-saving assistance to 550,000 Libyans affected by the conflict and political instability there.
The 2019 Humanitarian Response Plan is a joint initiative by the UN together with the internationally recognized Government of National Accord in the North African country.
Libya has been in crisis since former leader Muammar Gaddafi was overthrown in 2011, with armed conflict ongoing in the oil-rich State that has forced tens of thousands of families into displacement.
Today, more than a million people depend on aid to survive.
The development comes as the World Health Organization (WHO) warned that attacks on health facilities and workers are increasing across Libya "in both frequency and scale".
Last year, the UN health agency recorded more than 41 assaults on health workers and facilities. Six health workers and patients were killed, and 25 health professionals were injured.
Almost 75 per cent of health facilities are now closed or only partially functioning, WHO said.
A new tech-driven approach to delivering life-saving aid around the world has saved the UN emergency food relief agency tens of millions of dollars, potentially increasing its impact massively, it said on Tuesday.
The World Food Programme (WFP), in partnership with data management firm Palantir, tested the software in Iraq, where it spends about $300 million a year on food basket distribution.
Every year, WFP buys about three million tonnes of food, which it distributes in 80 countries to around 90 million people.
The trial is being extended to South Sudan and Ethiopia, and could save the agency $100 million, it says.


Billy Mainwaring's funeral will take place on Wednesday April 10th at 12:00 noon at Margam Crematorium. Club ties are optional.
On Wednesday following Billy Mainwaring's funeral Aberavon RFC will open at 3pm.
This will give everyone attending the service the opportunity to pay their respects to the family at Blancos prior to the club opening.


In the event of a natural or man-made disaster, pets are NOT allowed inside emergency shelters for humans due to public health and safety reasons. If you and your family need evacuation to a public shelter during a disaster, you must have planned in advance for the care of your dog and cat. Such planning could save your pets' life and make yours easier.
Take several pictures of all the animals in your household and keep these pictures with your important insurance papers (include vaccination records, too). Be sure to include in the pictures any distinguishing marks. These pictures can help reunite you with a lost pet. Store the pictures in a resealable plastic bag in case you have to post them during rainy months.
Have at least a minimum two week supply of pet food and water on hand at all times. Store the dry food in air tight/ waterproof containers. If you use canned food, buy the flip top cans or have a can opener in your airtight disaster supply container. Keep some of your pet's favorite treats on hand - they get stressed, too, and a treat provides them some comfort. Also keep a supply of cat litter, a clean litter scoop, and litter pan in your disaster kit.
Put a collar and tag (with address and phone number) on your pets. This will increase your chances of reuniting you with your pets if they escape.
If your dog rides in the car, always have a leash in the vehicle to be able to keep your dog safely controlled if you have to leave your car. A disaster may occur while you are away from home.
Always keep a back-up supply of your pets' medications. A vet may not be open for some time following a disaster. Prepare to ice down medications that need to be refrigerated (ice is available from the Red Cross). Ask your vet is he/she has a disaster plan. Your pets may need medical attention after a disaster and you need to know where to take your animal. Keep a first aid kit in your disaster kit for your pet (check with your vet on what to include).
Have a cat carrier or evacsack to evacuate each cat in your household. If you have to confine the cat(s) for a long period of time, have a carrier large enough to hold a shoe box sized litter box, a water/food dish, and room for the cat to comfortably lie down. Ensure the carrier is not left in the sun, and, if it is warm, that the cat gets good ventilation. If you must take the cat out, do so in a confined space as the cat may try to run away.
Start a buddy system with someone in your neighborhood so that they will check on your animals during disaster in case you aren't home. Agree to do the same for them. Exchange information on veterinarians and have a permission slip put in your file at the vets, authorizing your buddy to get necessary emergency treatment for your pet in case you can't be reached. Talk with your pets' "babysitter" about a disaster plan to be used to evacuate and care for your animals in your absence.
Comfort your pet during a disaster - they are frightened, too. Having you near to give them a hug will help. Do not force this - let them come to you when they are ready.
Continue to feed your pets the food they are used to and put it out as close to the normal time as possible. If you feed canned food, reduce the normal amount by half (supplement with dry food) to reduce the possibility of diarrhea. Be sure to provide your pets with fresh water at all times.
Know where the animal shelters are in your area. You may need to visit them after a disaster to look for a missing pet. Also call the National Lost Pet Hotline, 1-900-535-1515 (this is a charge call) to report a lost pet. Call the National Found Pet Hotline, 1-800-755-8111 to report a found animal.
Check with local news media for facilities offering disaster animal rescue and relief. Also, you may call (800) 979-0241 and leave your phone number for assistance.
PLANNING AHEAD COULD SAVE YOUR PETS' LIFE!


The EmEdjimurjE (BTS) Office of Airline Information issues periodic Accounting and Reporting Directives (A&RD) and industry letters that serve the reporting air carriers by providing clarity to the regulations. A&RD provides more specific instructions and details (e.g. aircraft type codes) about the regulations because the information was too technical or lengthy to be included due to page limitations.
This authority is described in 14 CFR 385.19 and in Sections 1-8 and 2-1 of 14 CFR Part 241. If you have any comments or questions, please E-mail BTS or call 800-111-1111 .


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for Kamakura News & Research
Kamakura to Host Risk Management Conference in Austria
NEW YORK, July 9, 2019: Kamakura will hold its EMEA conference September 10-12 in historic Rust, Austria. The conference will feature two important tracks: credit risk (including modeling, scoring, default probabilities, and best practices); and traditional risk measures, including regulatory compliance and emerging trends in regulation.
"Employing best practices for risk management is essential in the current regulatory environment, but banks can do much more than adhere to rules. By skillfully leveraging risk management tools, they can produce metrics that enable them to improve their financial performance, generating a significant return on their compliance investment," said Jim Moloney, Kamakura's Managing Director for EMEA. Attendees will have the opportunity to share ideas with leading practitioners from across the region and from Kamakura's R&D leaders.
Information: info@kamakuraco.com
Web site: www.kamakuraco.com
About Kamakura Corporation
Founded in 1990, Honolulu-based Kamakura Corporation is a leading provider of risk management information, processing, and software. Kamakura was recognized as a category leader in the Chartis Report,Technology Solutions for Credit Risk 2.0 2018. Kamakura was named to the World Finance 100 by the editor and readers of World Finance magazine in 2017, 2016 and 2012. In 2010, Kamakura was the only vendor to win two Credit Magazine innovation awards. Kamakura Risk Manager, first sold commercially in 1993 and now in version 10.0.3, is the first enterprise risk management system for users focused on credit risk, asset and liability management, market risk, stress testing, liquidity risk, counterparty credit risk, and capital allocation from a single software solution. The KRIS public firm default service was launched in 2002. The KRIS sovereign default service the world's first, was launched in 2008, and the KRIS non-public firm default service was offered beginning in 2011. Kamakura added its U.S. Bank default probability service in 2014.
Kamakura has served more than 330 clients with assets ranging in size from $1.5 billion to $3.0 trillion. Its risk management products are currently used in 47 countries, including the United States, Canada, Germany, the Netherlands, France, Austria, Switzerland, the United Kingdom, Russia, Ukraine, South Africa, Australia, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Sri Lanka, Taiwan, Thailand, Vietnam, and many other countries in Asia, Europe and the Middle East.
To follow risk commentary by Kamakura on a daily basis, please follow:
Kamakura CEO Dr. Donald van Deventer (www.twitter.com/dvandeventer)
Kamakura President Martin Zorn (www.twitter.com/riskmgrhi) and
Kamakura's official twitter account (www.twitter.com/KamakuraCo).
Copyright © Kamakura Corporation, 1990-2019, All Rights Reserved. Terms Of Use Privacy Statement


With me so far? OK - want me to do the whole thing again?
"ni'o sai". "ni'o" plus lots of it. "ni'o ni'o ni'o".
Nora: I hadn't heard that expression.
"prulamji." Although I think both are valid?
Do you all know "bi'u"? Nobody ever uses "bi'u". "bi'u" is new information.
which I believe is "airplane"
Ill in the property of full nasal cavities. "culno ke nazbi kevna"-- that is actually more correct.
Actually "vinji klama" would be fine.
I believe that's legal. Yeah, it's a UI, it can go anywhere.
Does "ca" work at this point? If I want to say "at the time that I'm talking about in this story", I can use "ca".
Robin: That's my belief, that that's how storytelling works.
Nora: Storytelling works-- the same-- "ca" is "at the same time."
Robin: At the same time? If I say "ca bridi"? "ca selbri"?
Robin: No, what if it's not "ca le nu"? If I'm telling the story and I say "mi ca klama", is that "ca" in the story?
Lojbab: At the current story time, yes.
Robin: No, the event of a phone call, or phone communication, or something. "fonxa se tavla" I guess. "In the event that someone calls me," is what I want. (coughs) OK, starting that whole sentence again.
"danfu" is "answer a question"?
Robin: That's what I want, thank you.
With me? So, "I'm on call" was the goal."
What's the word for-- "ke'unai" is continuing, right? Not repeating. I think that's it.
Robin: "lo nu co'e gi'e nai jibri gunka". I have stuff I want to do. I'm awake.
So faithful to Murphy's Law was this story, that at this moment the hard drive was full and stopped recording. We resumed the recording on another computer, which will be brought to you in our next episode. It gets worse. I warn you, this story contains violence. Oh yes, there will be violence. Robin's perils have not even begun. Stay tuned, true believers!
It has always been my intention to include singing in Lojban on this podcast. In one of our episodes we featured a song recorded years ago. Hopefully I will be able to present a variety of styles and performers on a regular basis. I've translated "Moon After Berceuse" by Fredo Viola into Lojban and performed it over the track available for free download from his site at www.fredoviola.com. The lyrics are "mi pu djuno le ka vlipa po le lunra" "I knew the power of the moon."
Please e-mail new material, questions, or corrections to the Lojban main mailing list at lojban-list@lojban.org. For more information, see the Lojban website at www.lojban.org. Thanks for downloading Lojban radio. Til' next time, this is epkat saying, co'o !
This page was last edited on 23 March 2014, at 15:18.


SCP/RAC and Zero Zbel (Zero Waste) have come together to promote solutions against single-use plastics among the Mediterranean inhabitants through the SwitchMed programme.
The heroes of the Mediterranean disembark against single-use plastics is a catalog of 15 superheroes who are promoting alternatives to disposable plastic. Indeed, we find this type of plastic everywhere: as grocery carriers, as food and beverage packaging and containers, etc. These plastics are cheap and often given away for free but it is nature and society who end up paying for this disproportionate and irrational misuse.
However, we have more sustainable, cleaner, affordable and cool alternatives! Some of them rescued from our old habits, others result of innovation. They are here to save us from plastic pollution, as heroes. We invite you to discover them along these pages and, above all, to use and promote them as much as possible. Together we can put an end on single-use plastics!
Working in the field in Morocco, where single-use plastic bags are banned since 2016, proved that there aren't enough alternatives available and that shoppers find it difficult to obtain them and use them. Hence, this publication aims to raise awareness, and even reclaim the existence of daily options to fight against plastic pollution.


As a 15-year-old girl, I did not write about career aspirations or goals. I simply wrote that I had fallen madly in love with the man of my dreams and that was who I was. How telling.
I grew up the youngest in a large Catholic family who in the midst of joys and difficulties prayed together and planted deep seeds of faith in my heart. Yet, in the midst of the secular culture, I struggled to know if the living of my faith would rob me in some way of this love that I so deeply desired. It was not until college, when I studied abroad, that this desire was deepened.
There I was in the midst of this beauty, mystery, culture — the Alps, the Mediterranean, historic places and shrines where thousands had been healed — and I started to realize that I did not want to merely look at it, I wanted in. I was thirsty to be a part of this that so captivated me.
At the same time I encountered young religious sisters. I thought, This is the most radical thing someone can do with her life, her love! Their witness of joy, which I knew came from love, lingered in my heart like the beauty of my travels.
Over time, however, my life became increasingly about myself and how I could orchestrate my own happiness. I had gone to school for nursing and came home exhausted from the hospital one night, but could not fall asleep.
Restless as I was, I cried out to God, "Just in case you forgot, I want to be happy! But I'm miserable, half-dead inside." And it was a grace: In that moment I knew I had to give God every one of my desires. So I listed them: my desires for marriage and children, to be this kind of nurse, to travel, to have this kind of car, etc.
I felt his love for me, that he was choosing me. And I thought, If you love me like this, you love me. I said yes to him that night, not sure what that would look like, but knowing I was claimed. A surge of peace and joy followed.
My last concern was my nursing career. I loved serving those who were sick and even dying. Talking to a priest about my uncertainty, he mentioned to me, "We're all sick and dying." It hit me. My heart was made to be a part of the deeper healing of our culture beyond the hospital that others may know the fullness of life.
These past eight years as a sister, being his spouse, I've come to know that we have a captivated Creator who sees in me the beauty that I wanted to be a part of. He fills my thirst with his love, transforming me into a vessel of his life and love to all I encounter.
Cultivating vocations begins in the family, where Jesus is alive and prayer is conversation with him. Having the chance to meet religious men and women through attending events or volunteering is a great opportunity to experience the gift of consecrated life. Spending time with Jesus in silent prayer, adoration, daily Mass and frequent confession turns up the volume to his voice within our hearts and more clearly reveals his love and plan.
I'm still a pilgrim on the way. Every day I am taken deeper and am happy to lose myself in this love, where I know I've been found.
Sister Faustina Maria Pia is a Sister of Life.