text:
U.S. Equal Employment
Opportunity Commission
Meeting of July 15, 2009 – Age Discrimination in the 21st Century-Barriers to the Employment of Older Workers
Thank you for this opportunity to discuss the major issues concerning age discrimination in employment. As a long-time advocate for older workers rights, I am most pleased that the Commission is holding this hearing to draw attention to recent Supreme Court decisions and trends that minimize protections against age discrimination.
Workplace Fairness is a non-profit organization working to preserve and promote employee rights. The Workplace Fairness website, www.workplacefairness.org., provides comprehensive information about job rights and employment issues nationally and in all 50 states. The Workplace Fairness website has been recognized as one of the leading legal and advocacy websites by PC Magazine and the Webby Awards.
In a series of recent decisions, the U.S. Supreme Court has repeatedly interpreted the ADEA to provide less protection for older workers and to impose greater burdens on older workers in attempting to prove age discrimination. Despite the shared purposes and prohibitions of the ADEA and Title VII, the Supreme Court has rejected the application of Title VII and its case law to parallel provisions of the ADEA, creating unwarranted burdens for older workers pursuing age discrimination claims, and unexplained complexities for the increasing number of older women and older minorities who pursue claims under the ADEA and Title VII.
A detailed explanation of those decisions follows below.
A. Supreme Court Disallows Mixed Motive/Same Action Theory of Proof in Gross v. FBL Financial Services, Inc., 129 S.Ct. 2343 (2009).
The issue presented to the U.S. Supreme Court was whether a plaintiff must "present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case." Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343, 2348 (2009). In Title VII cases, the Court had ruled that plaintiffs could secure a "mixed-motive" jury instruction based on the presentation of circumstantial or direct evidence. Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003).
In a shocking decision, the majority in Gross ignored the question presented and addressed a totally separate issue – the standard of causation in ADEA cases. The majority held "[b]efore reaching this question, however, we must first determine whether the burden of persuasion ever shifts to the party defending an alleged mixed-motives discrimination claim brought under the ADEA. [n.1 omitted] We hold that it does not." 129 S.Ct. at 2348. Neither party, nor the government, briefed the issue of causation or whether the burden shifts in ADEA disparate treatment cases.
In Gross, the majority interpreted the "because of" language in ADEA §4(a)(1), 29 U.S.C. §623(a)(1), as establishing a "but for" standard of causation. "[T]he ordinary meaning of the ADEA's requirement that an employer took adverse action 'because of' age is that age was the 'reason' that the employer decided to act. See Hazen Paper Co. v. Biggins, 507 U.S. 604, 610 (1993) (explaining that the claim "cannot succeed unless the employee's protected trait actually played a role in [the employer's decisionmaking] process and had a determinative influence on the outcome." (emphasis added)). 129 S.Ct. at 2350. The Court concluded that "the burden of persuasion necessary to establish employer liability is the same in alleged mixed-motives cases as in any other ADEA disparate-treatment action. A plaintiff must prove by a preponderance of the evidence (which may be direct or circumstantial), that age was the "but-for" cause of the challenged employer decision…." Id. at *6.
In construing the same "because of" language in Title VII, the Supreme Court had permitted plaintiffs to show that a protected trait was "a motivating factor" to establish a violation, which shifted the burden of proof to the employer to prove it would have taken the same action. Price Waterhouse v. Hopkins, 490 U.S. 228, 240 (1989). Furthermore, the Court in Price Waterhouse rejected an interpretation of "because of" as imposing a "but for" standard in Title VII cases. Congress ratified this interpretation of "because of" from Price Waterhouse in the Civil Rights Act of 1991 which codified the mixed-motive/same decision defense and limited remedies in such cases under Title VII.
The majority in Gross dismissed the applicability of Price Waterhouse as "difficult to apply." The Court noted that it's interpretations of similar language in the ADEA and Title VII "has not been uniform." 129 S.Ct. at 2349, n. 2.
In a stinging dissent, Justice Stevens, joined by Justices Souter, Ginsburg, and Breyer castigated the majority for reaching a question that had not been raised or briefed by the parties. More importantly, the dissent emphasized that the majority opinion:
2. Judicial Activism by Justice Thomas Makes Age Cases Harder To Prove
One could characterize the opinion by Justice Thomas, joined by Chief Justice Roberts and Justices Scalia, Kennedy and Alito as the epitome of judicial activism. The majority rules on an issue not raised or briefed by the parties. It ignores well established legal precedent that the identical language in the ADEA and Title VII shall be construed similarly. It ignores well established precedent applying Title VII case law in ADEA cases. It disregards Congress' view that "because of" does not mean "but for."
Before the Supreme Court's decision in Gross, age discrimination cases were no more difficult to prove than cases brought under Title VII or the Americans with Disabilities Act (ADA). After Gross, it's a new ball game and not a level playing field for older workers.
First, victims of age discrimination with "mixed-motive" type claims are subject to different standards of proof than individuals with race or sex discrimination claim under Title VII. This is extremely problematic for older women and older minorities who often bring claims under both the ADEA and Title VII.
Second, the damage to ADEA enforcement by the Gross decision may go far beyond the holding in the case. The Supreme Court's disparagement of the ADEA and age discrimination is likely to embolden employers and conservative judges to use Gross to argue that the standard of proving discrimination under the ADEA is more onerous than under Title VII. It is not and should not be.
Just days after the Gross decision, older workers in ADEA cases are already facing motions from employers arguing that Gross changed the established standards of proof in ordinary disparate treatment cases. Specifically, employers are already arguing that Gross directs the lower courts to reject the McDonnell Douglas/pretext theory in ADEA cases. In another case in which the district court denied summary judgment shortly before Gross was decided, the employer has now moved for reconsideration after Gross, arguing that Gross imposes a heightened standard on ADEA plaintiffs to prove that age was "the determining factor" or "the sole reason" for the adverse action.A
dvocates for older workers will argue that Gross does not change the type or quantum of proof a plaintiff must present to establish an ADEA violation. The majority decision in Gross repeated the well-established standard from Hazen Paper that age "actually played a role and had a determinative influence on the outcome." 129 S.Ct. at 2350. Other than Justice Thomas' use of the word "the" as opposed to "a" determining factor, there is nothing in the majority opinion to suggest that the Supreme Court is imposing a different or more difficult burden than that set forth in Hazen Paper. The majority decision does not state that "because of" means "solely because of." The Supreme Court rejected such an interpretation of the identical "because of" language in Title VII in Price Waterhouse, 490 U.S. at 241.
The majority opinion in Gross emphasized that "[t]here is no heightened evidentiary requirement for ADEA plaintiffs to satisfy their burden of persuasion that age was the "but-for" cause of their employer's adverse action, see 29 U.S.C. § 623(a), and we will imply none." 129 S.Ct. at 2351, n.4. Counsel representing employees should continue to argue that the Supreme Court has repeatedly rejected heightened proof standards in ADEA cases. See, e.g., Sprint/United Management Co. v. Mendelsohn, ___ U.S. ___,128 S. Ct. 1140, 1147 (2008) (rejecting per se admissibility rule with respect to trial witnesses); Meacham v. Knolls Atomic Power Laboratory, 554 U.S. ___, 128 S. Ct. 2395, 2401-03 (2008) (declining to shift burden of "reasonable factor other than age" to employee); Reeves v. Sanderson Plumbing Products, 530 U.S. 133,146-49 (2000) (rejecting "pretext-plus" requirement); O'Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308, 311-12 (1996) (rejecting requirement that replacement be younger than age 40); Western Air Lines, Inc. v. Criswell, 472 U.S. 400, 419-20 (1985) (employer entitled to no special deference under "bona fide occupational qualification" defense).
B. Weakened Theory Of Disparate Impact Liability
In Smith v. City of Jackson (2005), the Supreme Court held that disparate impact analysis applies to ADEA claims, but held that the defense is different from Title VII's defense. The Court interpreted the ADEA to permit a claim of disparate impact based on the "remarkable similarity" between the congressional goals of the ADEA and Title VII, 544 U.S. at 235, n.5, and the identical text in the prohibition's section of the ADEA, 29 U.S.C. §623(a)(2), compared to Title VII, 42 U.S.C. §2000e-2(a)(2). 544 U.S. at 239.
However, because the ADEA provides a statutory defense for "reasonable factors other than age," 29 U.S.C. §623(f)(1), the Supreme Court viewed the defense to a disparate impact ADEA claim as narrower than the business necessity defense under Title VII. Compare 42 U.S.C. §2000e-2(k). The Court interpreted the RFOA defense to allow employers to justify practices that disproportionately disadvantage older employees only upon a showing that the employer's practice is "reasonable." Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S.Ct. 2395 (2008). While the Court did not define the term "reasonable," its opinions in Smith v. City of Jackson and Meacham v. Knolls could be read to suggest that most practices would be deemed reasonable.
In contrast, the defense to a Title VII disparate impact claim is more stringent due to the Civil Rights Act Amendments of 1991, 42 U.S.C. § 2000e-2(k). Under Title VII, the defense to a disparate impact claim requires employers to demonstrate that a practice is both job-related and consistent with business necessity. This is clearly a more difficult standard to meet than a mere showing of reasonableness.
1. Difficulties for Employees Litigating Impact Claims After Smith and Meacham
The courts hold older workers to a strict standard for establishing a prima facie case of age discrimination under the disparate impact method of proof. ADEA plaintiffs should be subject to the same standards as applied to Title VII plaintiffs, since the disparate impact claim under the ADEA derives from language identical to that of a Title VII disparate impact claim.
Courts require plaintiffs to precisely identify and isolate the specific policy or practice responsible for the impact. See Smith v. City of Jackson, 544 U.S. at 241; Meacham v. Knolls Atomic Power Laboratory, 381 F.3d 56, 73 (2d Cir. 2004), vacated and remanded in light of Smith v. City of Jackson, 544 U.S. 228, 243 (2005), 461 F.3d 134, 139 (2d Cir. 2006); Smith v. Xerox Corp., 196 F.3d 358, 367-68 (2d Cir. 1999). Merely challenging the pay plan in Smith v. City of Jackson was not specific enough to identify the particular practice that caused the impact. 544 U.S. at 243.
The case of Meacham v. Knolls Atomic Power Laboratory, 381 F.3d 56, 73-74 (2d Cir. 2004), vacated and remanded in light of Smith v. City of Jackson, 544 U.S. 228 (2005), presents a good example of how plaintiffs can isolate specific employment practices when challenging subjective decision making in presenting a disparate impact claim. In Meacham, the plaintiffs identified subjective elements of the RIF process that caused a disparate impact based on age. The plaintiffs' expert examined the effects of five components in the RIF process which were infused with subjectivity and created the disparity. 381 F.3d at 73. On remand of the case from the Supreme Court, the Second Circuit affirmed the panel's earlier decision with respect to the plaintiff's prima facie case. See Meacham, 461 F.3d 134, 139 (2d Cir. 2006) ("We see nothing in City of Jackson that casts doubt on this holding").
In Allen v. Highlands Hosp. Corp., 545 F.3d 387, 405 (6th Cir. 2008), the Sixth Circuit described the plaintiff's burden to identify a specific practice as "nontrivial." Plaintiffs alleged that the company's desire to reduce costs translated to terminations of older workers. The court found that plaintiffs failed to isolate a specific practice and merely pointed to a generalized policy, which is insufficient to establish a prima facie case of disparate impact.
2. Employer Must Plead and Prove RFOA as an Affirmative Defense
It is well-established that defendants must plead affirmative defenses in their answers to a plaintiff's complaint. Thus, employers must specifically plead the reasonable factor other than age defense ("RFOA"), ADEA §4(f)(1), 29 U.S.C. §623(f)(1), in response to a disparate impact claim. In the remand from the Supreme Court and the Second Circuit of Meacham v. Knolls Atomic Power Lab., the district court held that the defendant had failed to plead or otherwise assert the RFOA as an affirmative defense. The court declined to excuse the defendant's waiver of the defense. ___ F.Supp.2d ___, 2009 WL 1212797 (N.D.N.Y. May 1, 2009).
The real issue will be whether courts hold employers to this standard of pleading and proof. As in other areas, the Supreme Court has suggested that the standard in age cases may be different than in other discrimination cases.
3. EEOC Should Adopt Regulations to Define the RFOA
I urge the EEOC to adopt regulations as proposed last year to delineate the showing contemplated by the RFOA defense.
It is critical that EEOC issue regulations that fully define the components of the reasonable factor other than age defense in ADEA Section 4(f)(1), 29 U.S.C. §623(f)(1), and to elaborate on the burden on the employer to plead and prove the defense. Since EEOC has substantive rulemaking authority under ADEA Section 9, 29 U.S.C. §628, courts should give deference to the EEOC's regulations.
I concur with the comments submitted by AARP in their comments to the Proposed Rulemaking on Disparate Impact under the ADEA and would like to reiterate three points made by AARP. First, it is absolutely clear that the factor in the RFOA defense cannot be related to age. As the Supreme Court explained in Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S.Ct. 2395, 2403 (2008), "[R]easonableness is a justification categorically distinct from the factual condition 'because of age.'" Second, for a factor to be reasonable, the employer must establish that the factor is related to the job when performance or qualifications are in issue. Third, the burden of proving the RFOA is not an easy task, as the Supreme Court recognized in Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S.Ct. 2395 (2008). "[T]he work of persuading fact finders that their choices are reasonable makes it harder and costlier to defend than if the employer merely bore the burden of production; nor do we doubt that this will sometimes affect the way employers do business with their employees." 554 U.S. at 2406.
4. Denial of Benefits Based on Age is Lawful: Kentucky Retirement Systems v. EEOC, 554 U.S. ___, 128 S.Ct. 2361 (2008).
While the next panel will address this issue more fully, this decision by the Supreme Court is another nail in the coffin for victims of age discrimination. Until this decision, it had been well established that if an employer used age to deny or reduce benefits, the employer would violate the ADEA. In Kentucky Retirement Systems, a state benefit plan reduced disability benefits to older employees based on the age of the employee when s/he became disabled. The plan calculated benefits based on the number of years the disabled employee would have worked until eligible to receive normal retirement benefits.
The Supreme Court held that the disability plan was not facially discriminatory even though age was an explicit factor that determined the amount of benefits. The Court reasoned that "the ADEA treats [pensions] more flexibly and leniently in respect to age" 128 S.Ct. at 2367, citing to ADEA provisions that permit the use of age to define "normal retirement age," 29 U.S.C. §623(l)(1)(A)(i), and to affirmative defenses relating to discrimination in severance benefits, 29 U.S.C. §623(l)(2), and in disability benefits, 29 U.S.C. §623(l)(3). The Court also noted that Congress has approved of benefit formulas that "take account of age" in SSDI benefits and in the plan used for federal employees until it was changed in 1984. 128 S.Ct. at 2368.
The result is that older employees who are denied benefits have to produce additional proof of age bias by the employer as the motive for the denial of benefits. This burden creates another significant difference between the ADEA and Title VII, which the Court has repeatedly interpreted to prohibit facially discriminatory plans without any additional proof of bias.
The Kentucky Retirement Systems v. EEOC case is a severe blow to age discrimination victims and to enforcement of the ADEA. One only needs to read the dissent by Justice Kennedy in the case, joined by Justices Scalia, Ginsburg, and Alito to recognize the damage of the decision:
The effect of the Court's decision in Kentucky Retirement Systems is to sanction blatant age discrimination in employee benefits. In two significant ways, the Supreme Court in Kentucky Retirement Systems disregards Congress' directives in enacting the Older Workers Benefit Protection Act of 1990 (OWBPA). First, by holding that a plan is not facially discriminatory when it uses age to deny or reduce benefits, the decision mirrors the Supreme Court's decision in Public Employees Retirement System v. Betts, which Congress overturned in the OWBPA. Second, by requiring older employees to present additional evidence of age bias, independent of the use of age in a benefits plan, the decision essentially nullifies the OWBPA.
The decision in Kentucky Retirement Systems makes it almost impossible for older employees to prove age discrimination in an employee benefit plan because they must now produce evidence of age bias independent of the use of age in the benefit plan itself. The courts have repeatedly recognized that such evidence is exceedingly rare. See United States v. Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 716 (1983) "[t]here will seldom be 'eyewitness testimony' as to the employer's mental processes."
The danger of the reasoning of Kentucky Retirement Systems extends far beyond the denial of benefits. Pension status or eligibility could be used by employers to discriminate in any aspect of the employment context, such as promotions, assignments, or wages. As the dissent in Kentucky Retirement Systems warns: The Court "creates a virtual safe harbor for policies that discriminate on the basis of pension status, even when pension status is tied directly to age and then linked to another type of benefit program." 128 S.Ct. at 2375.
D. No ADEA Remedies Permitted Against State Government Employers: Kimel v. Florida Board of Regents, 528 U.S. 62 (2000).
Congress amended the ADEA in 1974 to extend its protections to employees of state and local governments. Twenty-six years later, the Supreme Court essentially erased those protections for state government employees in Kimel v. Florida Board of Regents, 528 U.S. 62 (2000). In Kimel, the Supreme Court held that Congress had not abrogated state sovereign immunity to suits by individuals under the ADEA. As a result of the Kimel decision, although age-based discrimination by State employers remains unlawful, the victims of such discrimination lack important remedies for vindication of their rights that are available to all other employees covered under that Act, including employees in the private sector, local government, and the Federal Government.
The only real avenue of redress for state employees is to have EEOC sue their employers to stop their discriminatory practices. I urge Congress to provide additional funding to the EEOC for litigation in this area.
A statement that is clearly a derogatory remark about an employee's age is probative of the employer's ageist animus. Yet, the courts have been overly strict in determining whether an ageist comment is relevant evidence of age discrimination.
In Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 151 (2000), the Supreme Court ruled that remarks are relevant evidence of age discrimination if their content indicates age animus and the speaker of the remarks was "primarily responsible" for the adverse action. In Reeves, the plaintiff presented evidence that several months before he was fired, his supervisor told Reeves that he was so old that he "must have come over on the Mayflower." Two months before firing Reeves, the same supervisor told Reeves that he was "too damn old to do the job" when Reeves was having difficulty starting a machine. Id. The Fifth Circuit discounted these statements as not relevant evidence of discrimination because they "were not made in the direct context of Reeves' termination." Id. at 152.
The Supreme Court rejected the Fifth Circuit's restrictive view of ageist comments that limited their relevance to instances when the remarks were made in the "direct context of the adverse action." The Supreme Court did not even question that statements made months before the adverse action were relevant.
In Ash v. Tyson Foods, Inc., 546 U.S. 454, 456 (2006), a race discrimination case, the Supreme Court set forth a general methodology for assessing whether a comment, term, or phrase is evidence of animus. The Court considers five factors relevant to determining the meaning of a disputed remark: (1) context, (2) inflection, (3) tone of voice, (4) local custom, and (5) historical usage. The white manager in Ash had on several occasions called the plaintiff, a middle-aged African American man, "boy." The Eleventh Circuit held that the remark was not evidence of racial animus. The Supreme Court reversed, noting that the term standing alone is not always benign, but also need not have the modifier "black" to render the term racist.
The same standards applied to determining the relevance of a racist or sexist comment should apply to an ageist comment. In Blair v. Henry Filters, Inc., 505 F.3d 517, 525 (6th Cir. 2007), the Sixth Circuit acknowledged inconsistencies in finding that ageist statements required more of a nexus to the adverse action, compared to racist and ethnic slurs which the circuit had found to be direct evidence in other cases even though they were temporally removed from the termination decision and did not address the plaintiff in particular. Blair properly acknowledges that the same analysis should apply to all protected categories and courts should not impose stricter standards in examining comments about age.
In the standards set forth by both Reeves and Ash, neither the timing of the statement nor whether the statement was made during or about the adverse action are considered factors in determining the relevance of the statement as to the employer's animus. Yet numerous courts continue to characterize ageist comments as "stray remarks" because the remarks were made at a time remote from the challenged employment action, the remarks did not relate to or occur within the direct context of the adverse action, or the remarks were not made by the decision-maker. The reliance on these factors, which make up the "stray remarks doctrine," cannot be squared with the factors applied in Reeves and Ash, which rejected the applicability of such factors in determining whether a statement reflects animus. Reeves changed the determinative factors in the analysis courts have used by recognizing the clearly ageist statements made by a decision-maker as "additional evidence" of "age-based animus," even though the statements were remote in time from the adverse action and not related to the decision-making process.
The Supreme Court's methodology explains how and why certain comments reflect age bias by the employer. The older employee who is the subject of the comment can testify to the first four factors: context, inflection, tone, and local custom. Other employees could also bring forward their understanding of the local usage of the word. Testimony about the first three factors is particularly important because no court could properly evaluate such evidence at summary judgment — meaning it is for the jury's consideration. Historical usage could be documented from the dictionary or literary works.
While statements about an employee's age or ageist stereotypes can constitute direct evidence of discriminatory intent, courts typically view ageist comments as circumstantial evidence that support an inference of pretext and discriminatory animus. Dominguez-Cruz v. Suttle Caribe, Inc., 202 F.3d 424, 433 (1st Cir. 2000). Such statements are one of the few mechanisms for delving into the employer's state of mind and for uncovering the stereotypes that often motivate age discrimination.
After Reeves, a clear derogatory comment about age made by a decision-maker should be relevant proof of the decision-maker's ageist animus. Such comments should be submitted to the jury as evidence for the jury to determine their weight in showing age discrimination. See Dominguez-Cruz v. Suttle Caribe, Inc., 202 F.3d 424, 433 (1st Cir. 2000) (reversing summary judgment in light of ageist comments). The context and the timing of the comments should only affect the weight of the evidence. Statements made within the context of the adverse action and made close in time to the adverse action should strengthen the weight of the statement.
I suggest that EEOC develop policy guidance applying Supreme Court precedent to explain the standards for examining the relevance and weight of an ageist comment and make the application of such standards uniform across Title VII, the ADEA, and ADA.
First, I am pleased that EEOC is issuing technical assistance for employees confronted with a waiver in exchange for severance pay. This guidance is timely and needed. Waivers and releases can present confusing and complicated situations for all workers, particularly when workers are in vulnerable situations in this difficult economic climate.
For older workers, releases of rights and claims under the ADEA must meet the minimum standards of the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. §626(f). While the EEOC's regulations on waivers and releases have been helpful to advocates and employers, more guidance should be issued to help older workers navigate through the complicated issues presented by release agreements. For example, many release agreements contain a release and a covenant not to sue. Such terms are usually not defined in the agreement and are too legalistic to be understood by laypersons. See, e.g., Thomforde v. IBM Corp., 406 F.3d 500 (8th Cir. 2005) (invalidating release as not understandable. "Once IBM chose to use the legal terms of art in the Agreement, IBM had a duty to carefully explain the provisions." Id. at 503-504.); Syverson v. IBM Corp., 472 F.3d 1072 (9th Cir. 2007) ( The court stated that it did "not agree that the direction to consult an attorney or an IBM employee mitigates confusing waiver language." Id. at 1161.)
Forty years after the ADEA's enactment, age discrimination continues to impede the achievement of equal treatment for older persons in the work place. ADEA charges filed with the EEOC in FY 2008 jumped more by more than 28% from the previous year to 24,582, which is significantly more charges than in any of the past 15 years. See www.eeoc.gov/stats/charges.html.
One explanation for ageism's perseverance may be that historically society has perceived age discrimination as more of an economics issue than a question of fundamental civil rights. Ageism has been viewed as different from and less serious than racism or sexism in the work place. This perception has relegated the ADEA to second class status amongst the country's civil rights statutes.
One of the most disturbing examples of this trend is a case challenging a reduction-in-force where the vice president in charge of layoff decisions had commented, "there comes a time when we have to make way for younger people." Birkbeck v. Marvel Lighting Corp., 30 F.3d 507, 512 (4th Cir. 1994). In debating the relevance of the statement to the age discrimination claim, the court began by noting that because the comment had been made a couple of years prior to the reduction-inforce, it could not be used as evidence. But then, the court went on to say that the statement "reflects no more than a fact of life and as such is merely a 'truism' that carries with it no disparaging undertones. Moreover, statements about age may well not carry the same animus as those about race or gender. Unlike race or gender differences, age does not create a true we/they situation – barring unfortunate events, everyone will enter the protected age group at some point in their lives. . . . [The vice president's] remark should be seen for the non-actionable reflection on generational passage that it was." Id.
Numerous courts have favorably cited this decision and agreed with its premise. Yet, the ADEA was enacted because Congress determined that there is no time when an older person must make way for a younger person in the work place because of age. The premise of the ADEA is that each individual has the right to remain a productive member of society and to be judged based on his or her individual abilities and contributions to their profession and community, not based on their age. Less capable and productive workers may need to make way for more capable and more productive workers. But, the ADEA makes it clear that older workers need not make way for younger workers simply because they are older.
In light of the aging of the workforce and the pervasiveness of age discrimination in the workplace in the 21st century, the question arises whether the ADEA can adequately address these challenges.
Many of the differences between Title VII and the ADEA result from Congress' initial design to not include age in Title VII of the Civil Rights Act of 1964 and to rely on the procedural and remedial structure from the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. ("FLSA"). The primary reason Congress gave for not including age in Title VII was the need to study the problem. The primary reason Congress gave for adopting the FLSA's procedures and remedies was to insure effective enforcement of the new statute (in 1967) by the Department of Labor, which enforced the FLSA, rather than adding to the enforcement burden of the EEOC which had just been created to enforce Title VII. Recognizing that enforcement of the ADEA properly belonged with enforcement of Title VII, Congress transferred enforcement authority for the ADEA from DOL to EEOC in 1979. Yet Congress did not change the procedural or remedial differences between the ADEA and Title VII.
The ADEA was supposed to reflect a national commitment to combat age discrimination, at a time when many states did not have laws prohibiting age discrimination. Forty years later, most of the states not only have age discrimination laws, the state laws include age within their anti-discrimination law, so that age discrimination enforcement is not viewed as less serious than other forms of discrimination at the state level. And many state civil rights laws provide better remedies and stronger enforcement than the federal ADEA.
It is time for Congress to act boldly to erase the differences between the ADEA and Title VII created by the Supreme Court's decisions and the Court's denigration of age discrimination. It is also time for Congress to undo the different treatment between age and other forms of discrimination which it created when it enacted the ADEA as separate from Title VII, and in failing to amend the ADEA when it amended Title VII.
Congress should enact legislation that eliminates the differences between the ADEA and Title VII, to:
A comprehensive and concerted effort is needed to recognize that age discrimination is as debilitating to the individual and as harmful to society as other forms of discrimination. Most importantly, older workers, employers, and society must internalize and practice the principle that individuals must be judged based on ability, not age – without exception. The outdated explanations and rationalizations for the different views and treatment of ageism compared to other forms of discrimination are increasingly difficult to justify in the 21st century. It is time for a new age.


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Anne Hardy (Ann Hardy) "Painting is a way of life
Anne Hardy (Ann Hardy), a talented American artist. He writes for many years, is considered to be among colleagues and art lovers an accomplished artist, has won many prestigious awards. Three of her paintings nearest accepted and approved by the public organization "Art for the Parks," was awarded "Merit" from the club of admirers of fine art "Salmagundi", as well as many other awards.
"Painting has become a way of my life. This passion keeps me in shape and growing, links with the outside world and provides a purpose in life. I write as I live - with pleasure and enthusiasm. I am energetic, disciplined and rather impressionistic artist, I'm proud of her three memberships: the Society of Artists of oil in the National Society of Artists and acrylic and oil, as well as in the community landscape painter. "
Anne of himself: "Painting is a way of life. She makes me keep moving forward, connects with the world and provides a purpose in life. I write as well as I live - with pleasure and enthusiasm. I am disciplined, energetic and slightly impressionistic artist, proud of membership Society of Painters in oil, the National Society of Artists oil and acrylic, and the Society of Landscape Painters. "
Anne Hardy, an American artist who has participated in several group exhibitions and competitions, winning numerous prestigious awards. Three paintings were selected for the competition Art for the Parks, as she received the award for services to the Club salmagundi.

subset: commoncrawl


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Direction: 8 pills a time, 3 times a day
* These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
Content Copyright Mount Spring International


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15 Clever Ways to Curb Kids' Clutter
I remember when my husband and I were expecting our daughter, we vowed not to let kids' clutter take over our home. Little did we know the clothing, toy, and gadget madness that would ensue in the following two years. While we've done our best to keep it under control you can definitely tell that a toddler lives in our home, and I'm constantly trying to find new ways to corral the clutter.
Don't get me wrong, we try very hard to thoughtfully incorporate our daughter's play things into our decor - after all, it's just as much her home as it is ours! But that being said our home is tiny and we'd like to prevent it from looking like a toy store exploded. As I fear it will only get worse before it gets better (we're expecting baby number two in a few short months!), to keep our house from being completely overwhelmed I've been scouring the internet for clever solutions. Here are fifteen of my latest favorite finds from around the web:
Row One:
1. Magnetic Car Mural: Honest to Nod - With small metal toys like these vintage cars you can take advantage of your wall space. All you need is a magnetic knife strip and a little time to create an organized (and even eye-catching) storage solution
2. Labeled Chalkboard Dresser: McBaby Bump - Help your little ones take control of their own clothing by labeling dresser drawers with words and pictures.
3. Barbie Storage: Container Store - Use the inside of a closet door to store small items like Barbie dolls, action figures, and art supplies with one of these handy shoe organizers.
4. Flip Down Wall Art Desk: Ana White - Go vertical with your child's art supplies by creating one of these handy wall mounted desks. Not only will it save space, but you can fold it up and hide away the mess when you're all finished crafting.
5. Child's Artwork Collage: A Thousand Words - Don't want to get rid of your child's artwork, but not sure how to store it? Take a photo of your favorite pieces and collage them together in a photo editing program.
Row Two:
6. Underbed Play Table: Great Little Trading Co. - Kids love trains, but they can take up a ton of space - especially if you want a train table. Try out a rolling under-bed trundle version instead and hide it away when not in use.
7. Rolling Storage: Dinge Die Ich Mag - Speaking of rolling storage, a simple box with wheels can roll away under a bench or bed and hold a multitude of items from clothing to toys.
8. Trundle Storage: iVillage - If your child has a trundle bed, consider losing the mattress and replacing it with storage containers instead.
9. Organizing Coloring Books: Mrs. Jones - Coloring books and crayons are one of the hardest things to store neatly. Try this clever solution and repurpose an old dish rack. It will be so much easier for your little one to find the book they want to use.
10. School Paperwork Storage: I Heart Organizing - Don't want to get rid of that journal entry your little one wrote or their first A+ test? Use a file box with neatly labeled folders (even include their yearly school photo)!
Row Three:
11. Peek-a-boo Toy Sack: Make It Perfect - I love drawstring bags as much as the next person, but sometimes the toys within aren't used very often - out of sight, out of mind. Fix that problem in a flash by adding a peekaboo window to the side.
12. Toolbox Storage: BHG.com - A toolbox has tiny drawers and compartments for storing tools, nuts, and bolts, but is equally perfect for those tiny toys that our little ones seem to collect.
13. Train Shelf: Green Kitchen - If your child has a collection of one particular item group them all together. Not only will they get a lot more play time, it can make for a stylish display as well.
14. Hanging Storage: BHG.com - Another way to take advantage of door space is with these DIY hanging fabric bags. Use your favorite fabric and coordinate it with the decor in your little one's space.
15. Bench: Hyggelig via Apartment Therapy - Fill the space beneath a bench with storage containers for toys that you want to hide away, or use as open storage for the ones that you don't mind sitting out.
Do you have a clever solution to curbing the kid clutter in your home? We'd love to hear about it!


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SANTA BARBARA, Calif. - A total of 12 UC Santa Barbara student-athletes were named to the Big West Academic All-Conference team for the fall 2012 season, it was announced by the league on Wednesday. The men's and women's soccer teams led the way with four honorees apiece. Women's volleyball and men's cross country rounded out the Gaucho representatives with two honorees apiece.
The inclusion of so many Gauchos highlights the strong committment UCSB student-athletes have shown in the classroom, as well as on the playing field. UCSB boasted an 85% NCAA graduation rate for 2012, an all-time high and second best in the UC system.
To be eligible for the Big West Academic All-Conference team, student-athletes are required to maintain at least a 3.2 cumulative grade point average, complete one full academic year at the member institution prior to the season for which the award is being received (at least a sophomore academically), and compete in at least 50 percent of their team's competitions.
The four women's soccer honorees are senior Allie Ariniello (pre-biology major), junior Makenna Henry (pre-psychology major), sophomore Kelly McGrath (pre-biology major), and senior Erin Ortega (biopsychology major).
Men's soccer was represented on the team by junior Fifi Baiden (sociology major), senior Machael David (sociology major), sophomore Mathew Glodack (pre-computer science major), and sophomore Charlie Miller (undeclared).
Women's volleyball had a pair of honorees in senior Erica Lau (economics-mathematics major) and sophomore Jordan Pehanick (undeclared).
Men's cross country's Andrew Farkas (sophomore, pre-psychology major) and Bhavik Kanzaria (senior, physiology major) rounded out UCSB's fall honorees.
In spring 2009 UCSB Athletics launched its Dare to Be Great plan as part of the Campaign for UC Santa Barbara, the first comprehensive campaign to raise private funds to ensure UCSB's excellence for future generations.
Dare to Be Great is simply the strategic vision to accomplish two major goals. The first is to financially support the precious educational and athletic opportunity for today and future Gaucho student-athletes in all 20 sports. The second is to actively encourage their drive for academic success, career and personal development, health, and serving their community.
To learn more about Dare to Be Great, click here.


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Dear Friend My name is (staff Sgt.) Kenneth Gilbert; i am an American soldier, serving in the Military with the army's 3rd infantry division. i have a very desperate need for Assistance and have summed up courage to contact you. I found your contact through internet searching and I am seeking your kind Assistance to move the sum of Five million United States dollars (us$5,000,000) to you, as far as I can be assured that my share will be safe in your care Until i complete my service here. Source of money: some money in US currencies were discovered in barrels at a Farmhouse near one of Saddam old palaces in tikrit-Iraq during a rescue operation, and it was agreed by staff Sgt Mike buff and i that some part of this money be shared Between both of us before informing anybody about it sinceboth of us saw the money first. This was quite an illegal thing to do, but i tell you what! no compensation can make up For the risk we have taken with our lives in this hell hole, of which my brother in-law Was killed by a road side bomb last time. The above figure was given to me as my share, and to conceal this kind of money become a Problem for me but with the help of a British contact working here as a diplomat from united nation and with his office Enjoying some immunity, i was able to get the package out to a safe location entirely Out of trouble spot, the consignment fund his now in Europe presently. he does not know the real contents of the package, and he believes that it belongs to a British American medical doctor who died in a raid here in Iraq, And before giving up, trusted me to hand over the package to his family. I have now found a very secured way of getting the package out of Europe to you at home For you to pick up, and i will discuss this with you when i am sure that you are willing To assist me and that my money will be well secured in your hand. I want you to tell me How much you will take from this money for the assistance you will give to me. One Passionate appeal i will make to you is not to discuss this matter with anybody,if you have any reasons to reject this offer, please and please destroy this message as any Leakage of this information will be too bad for the u.s. soldier's here in Iraq. I do Not know how long we will remain here; month after month was giving as the deadliest month for us to be out Here, yet we are station here till this moment. Totally, we lost many men and i have been shot,wounded and survived two suicide Bomb attacks by the special grace of GOD. This and other reasons i will mention later Has prompted me to reach out for help.I honestly want this matter to be resolved immediately, please contact me as soon as Possible with my private e-mail address which is my only way of communication May god bless you and your family
What Is This?This Email with the Subject "Dear Friend K" was received in one of Scamdex's honeypot email accounts on Thu, 17 Jun 2010 01:29:13 -0700 and has been classified as a Advance Fee Fraud/419 Scam Email. The sender shows as "SGTKENNETH GILBERT"<firstname.lastname@example.com>, although that address was probably spoofed. We recommend that you do not attempt to contact any persons or organizations referenced in this email, as you may expose yourself to scammers and, at the very least, you will be added to their email address lists for spam purposes.


text: Hello HowToForge community. I installed ISPconfig following the perfect server guide for debian. Then I create the ftp users, I can't login. pure-ftpd in verbose (debug mode), it was complaining about database, so I created the database for it, and the table. But then I create users in ISPConfig they are not added in the database. So what kind of authentication method ISPConfig uses ? Or am I doing something wrong ? I tried connecting over plain FTP, and FTP over TLS, reinstalled the ftp server, nothing. I have no more ideas how to make the ftp users to work, could someone help ?


text:
Search the right tyre
Please Vehicle Make and Model
Please Select Vehicle Type
Popular Brands
For your quick look
Tyre Buying Guide
A few tips for proper maintenance of tyres
Learn how to keep your tyres running like new.
How to read a Tyre
Know what the numbers mentioned on your tyre mean.
Top 10 Tyre Brands in India
Read about the top brands of tyres available in India


text:
Turck Level Sensing White Papers
Two free, downloadable white papers from Turck, "Capacitive Sensors Help Solve Difficult Measuring Applications" and "Unraveling the Complexities of Level Sensing," cover some of the challenges of level measurement. Both are available at http://www.turck-usa.com/Support/White_Papers_~_Tutorials/. They are part of a much larger white paper library covering sensing applications.


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Men can now expect to live until 79 while women can hope to enjoy their 83rd birthday, official figures show.
Over the last 100 years, life expectancy at birth has increased by almost three years per decade, according to an analysis of data from the Office for National Statistics (ONS).
Among men, life expectancy at birth increased from 51 in 1910/1912 to 79 in 2010/12 across England and Wales.
Among women, the jump was from 55 to 83 years in the same period.
The ONS said some of the change was due to falling death rates among babies and children over the last 100 years.
Experts have also pointed to the better treatment of illness in old age.
The data showed that people aged 60 could expect to live around nine years longer in 2010/2012 than 100 years earlier.
Andrew Kaye, head of policy and campaigns at Independent Age, the older people's charity, said the life expectancy of men is catching up with women.
"The country's ageing population is one of the most important issues facing our society," he added.
"The current social care system is under enormous strain.
"If we want the UK to be the best place to grow old in, we need an honest debate about what kind of health, social, housing and transport services we want - and how much as a society we are prepared to pay for them."


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of degrees
& programs
Fall: January 15
Applications are evaluated from the end of October until the deadline.
APPLY ONLINE to this graduate program.
Number Required: 2
From Whom: Letters of recommendation should be obtained from college/university faculty members familiar with the demands of a graduate program.
No specific coursework is required for admission.
A baccalaureate degree in Sociology, Political Science, Geography, Counseling, Social Work, Economics, or History is required.
The Statement of Goals should be approximately
500-1,000 words and should include the following
elements: your specific interest in Temple's program; your research goals; your future career goals; and your
academic and research achievements.
The GRE is required. The average scores for accepted M.A. students are in the 60-70% range on the verbal and quantitative sections. The average minimum GRE score is 1,000 combined verbal and quantitative.
Minimum TOEFL score needed to be accepted:
550 paper-based, 213 computer-based, or 79 internet-based.
A resume is required.
The writing sample should demonstrate your ability to research and write a scholarly paper. The paper should not be too lengthy (up to 10 pages is preferable) and should be fully referenced according to a professional, scholarly style manual. Although it need not be related directly to Criminal Justice, it should reflect your ability to prepare a social science paper.
Students with graduate course credits from other accredited institutions should petition the Graduate Chair to determine the acceptance and transferability of coursework. Grades must be of "B" quality or better. The maximum number of credits a student may transfer is 6.
Number of Didactic Credits Required Beyond the Baccalaureate: 36
Required Courses:
CJ 401/8101: Decision Making in Criminal Justice
CJ 402/8102: Research Methods in Criminal Justice
CJ 404/8104: Law and Social Order
CJ 405/8105: Fundamental Statistical Issues in Analysis of Criminal Justice Data
CJ 406/8106: Theories of Crime and Deviance
Under the non-thesis option, students must earn credits in the following areas: 9 to 21 credits in Criminal Justice electives and up to 12 credits in electives outside the department. Under the thesis option (itself worth 6 credits), students must earn credits in the following areas: 6 to 9 credits in Criminal Justice electives and up to 9 credits in electives outside the department.
Internship: No internship is required.
Language Examination: No language examination is required.
The program culminates in a thesis for those who choose the thesis option.
Dept. of Criminal Justice
Gladfelter Hall,
5th Floor
1115 W. Berks Street
Philadelphia, PA 19122
Dr. Jerry H. Ratcliffe
Program Coordinator:
Stephanie Hardy
Graduate Chairperson:
Dr. Jerry H. Ratcliffe
Dr. John S. Goldkamp
The M.A. program in Criminal Justice is designed to serve as a first stage of training for students wishing to eventually pursue more advanced graduate work. It also prepares students who will terminate their studies at the master's level. For the latter group, including many engaged in part-time study, the M.A. program is designed to serve students who, upon graduation, will begin or rejoin professional careers in management, administration, or specialist positions in governmental and private criminal and juvenile justice and related agencies. The M.A. degree requires the completion of 30 hours of coursework and a thesis—or completion of 36 hours of coursework. The curriculum is structured around a set of core requirements that provides substantive grounding in decision-making and operational aspects of the criminal justice system, and a theoretical, legal, policy, and methodological foundation for understanding crime and society.
Time Limit for Degree Completion: 3 years
The department accepts both full-time and part-time students for master's-level study. Those engaged in part-time study take 8 credit hours or less per semester. Students should be aware that classes are scheduled both during the day and evening as scheduling demands, and students are expected to be available for classes when they are scheduled.
Gladfelter Hall, 5th Floor
1115 W. Berks Street
Philadelphia, PA 19122
The program encourages interdisciplinary coursework, research, and interactions among faculty and students with interests in a wide range of fields. Many of the students entering the Criminal Justice M.A. program have backgrounds in subjects such as Counseling, Economics, Geography, History, Political Science, Psychology, Social Work, Sociology, and Urban Studies.
Not applicable.
Criminal Justice programs are not formally ranked, although the Journal of Criminal Justice Education has produced occasional articles on program productivity. Temple University's Criminal Justice Program is classed among a number of schools that are acknowledged to have extremely strong faculty, but have not yet produced a large number of doctoral degrees.
Faculty members specialize and offer substantial coursework in a wide array of areas. Some of the broader topics covered are criminological theory, corrections and community corrections, issues in policing, court processes, white collar crime, organized crime, crime and the physical/social environment, juvenile justice, criminal law, criminal justice policy-making and strategic management, discretion in criminal justice, restorative justice, socialization and deviant behavior, research methods (qualitative/quantitative), and statistical analysis.
The M.A. program is primarily dedicated to producing well-trained criminologists, researchers, and criminal justice practitioners. The job market for an individual with a master's degree in the field is extremely good. Some graduate students advance their career while completing coursework, while others are hired at the completion of their degree. Graduates of the M.A. program have obtained positions in the criminal justice system, including state and federal police agencies, criminal or juvenile courts, and corrections (institutional and community-based agencies). Careers are also possible in government, planning, public administration, research, teaching, or community activism.
Non-matriculated students are eligible to take some of the graduate Criminal Justice courses offered. If accepted to the program, up to 9 credits for that coursework may be applied toward the degree program.
The principal duties of a Teaching Assistant include assisting faculty members in classroom (field, observatory) instruction, conducting tutorials and discussion sections, and grading quizzes.
Research Assistants are expected to devote 20 hours per week on average to research obligations. RA's are assigned to a faculty member or principal investigator who is investigating a specific research project. The appropriate subjects are determined by consultation between the student and the student's research and academic advisors.
Both Teaching and Research Assistantships carry a stipend and full tuition remission (up to 9 credits). Applications should include: (a) a statement of previous teaching and/or research experience, areas of interest, and future goals; (b) unofficial transcripts; and (c) a curriculum vitae. The department makes offers of assistantships in late spring of each year. Applications should be directed to the department address noted above.
Updated 4.11.07


text:
Marketers price their products at whatever the market will bear. But if one product is sold in two (or more) markets, one version is almost always cheaper.
When it comes to saving time, cooking food right, and making meals delicious, these simple kitchen investments can go a long way.
From groceries to insurance, our regular expenses are often where we waste the most cash. Follow these tips to cut down on costs.
Conduct a do it yourself taste test and save $100,000. Decide whether you prefer the generic or brand name in one afternoon sitting.
A SURE way to save 20-25% on many of your groceries? Oh, yes, and it couldn't be simpler!
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text:
Minister takes a Airplane Flight
Date of Joke: Monday, 24th January, 2005
A minister was seated next to a cowboy on a flight to Texas. After the plane was airborne, drink orders were taken. The cowboy asked for a whiskey and soda, which was brought and placed before him. The flight attendant then asked the minister if he would like a drink.


text:
It's been three weeks since I have set pen to paper (metaphorically speaking), and I am surprised my friends are still checking on me
After vacation I worked on getting the yard in shape; at that time I was in bad shape from my back and the resulting sciatica, so I was usually either busy or lying about recovering. Sleep was poor and not enough. Last week I got some more spine injections, and I am doing better, at least for now. The muscles are still stiff, and I can feel that things are not right back there, but I am suffering little pain right now.
Got a family reunion from my mom's side of the family coming up this weekend; some of my cousins and such I haven't seen in over twenty or thirty years. Should be interesting meeting some of my relatives that I've never met before.
It looks as if Eric Holder may be found for contempt for not releasing information on the Fast and Furious fiasco; it won't matter, because he still refuses to cooperate. He did offer to release the information if they promised to drop the investigation first, but even the Republicans aren't stupid enough to fall for that, though I'm not sure about Bohner; I'm wondering if that idiot has made a deal to try and block things, the way he has been acting. If Holder didn't do anything wrong, why the secrecy? And now the President has used executive privilege to try and protect him. If the President isn't involved, why is he taking the risk of protecting an obvious liar? Obama is not the type to help anyone unless there is something in it for him (he is a politician, after all), so either he is trying to hide possible White House involvement, or he is worried about Holder blabbing about something he would rather keep quiet. Personally, my money is on the first scenario.
We've been having problems with grass and brush fires on the south end of the valley; added with the high temperatures and constant wind for the last couple of weeks, and it is a mess for the people living in that area. Hopefully no one will be injured, or suffer serious property damage.
The fire has been blamed on target shooters, but personally I think it more likely that one of them was careless with a cigarette butt. Contrary to popular myth, bullets do not cause fire or sparks unless either they are tracers or steel core (armor piercing) rounds. The Forest Service and BLM have always been somewhat hostile to shooting, so they are quick to make accusations with or without facts.
"It Ain't Me Babe" by The Turtles
"Hungry" by Paul Revere and the Raiders
"Against the Wind" by Bob Seger
"John The Revelator" by Curtis Stigers and The Forest Rangers
"Mechanical World" by Spirit
"The Old Man Down the Road" by John Fogerty
"It's Only Make Believe" by Conway Twitty
"Alone" by Heart
"The Rebel" by Johnny Cash
"Handle With Care" by The Traveling Wilburys


text:
In the new issue of the Weekly Standard, Jay Cost has an interesting article asking whether Republicans can shape the political agenda. The article is worth reading in its entirety, but I want to isolate these to paragraphs for your consideration:
The constraints of the GOP coalition limit the party's ability to make identity-based appeals to Hispanic voters (or any ethnic group, for that matter). The Democrats will always get to the GOP's left when it comes to identity politics. In the case of immigration reform, the desire by most Republican voters to respect the rule of law will keep the party from offering an amnesty package to Hispanics as generous as Democrats can. The latter will thus pocket any concessions that the former provide, and then ask for more later.
This does not mean that the GOP should abandon immigration reform. It means, rather, that it should formulate its position on the issue for the sake of good policy, and not in the expectation of political benefit. The party's best bet to win Hispanic voters is to find ways to appeal to them on other issues, especially those where their interests line up with the interests of the GOP's electorate.
These are wise words indeed. I should think they amount to something like a self-evident truth, and they apply to issues beyond immigration. Whole thing here.


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Report: NCAA investigating Auburn for potential violations
The bad news keeps coming for Auburn and its embattled coach, Gene Chizik.
According to a Yahoo! Sports report, the NCAA is investigating Auburn's football program for potential violations involving "recruits, players, coaches, representatives of the school's athletic interests and third parties."
The NCAA's investigation has focused on two Auburn assistants, wide receivers coach Trooper Taylor and running backs coach and recruiting coordinator Curtis Luper.
Both assistants were removed from roles in Auburn's recruiting plans several weeks ago, according to Yahoo! Sports' Pat Forde.
When asked Oct. 30 about a report that a few of his assistants were no longer on the road recruiting, Chizik said, "I don't have time for all of that. I've got one direct focus: that is my team and my players.
"That has nothing to do with us winning. Whoever said that has nothing to do with anything, so I am not getting into any of that stuff. I've got one track, and that is our players and our coaches, and trying to get us to the next win, so, all of that stuff, I have no comment on that."
FLORIDA: Will Muschamp expects Jeff Driskel to start against FSU
Auburn (3-8, 0-7 SEC) travels to No. 2 Alabama (10-1, 6-1) for the 77th Iron Bowl on Saturday afternoon.
After practice Wednesday, Chizik told news reporters in a brief session, "I'm not going to comment on any speculation out there, so we'll talk about the Iron Bowl and Alabama."
Another website, AL.com, reported the NCAA interviewed at least one assistant coach and several players on campus this week regarding former Auburn running back signee Jovon Robinson.
Asked if he had knowledge of any such interviews, Chizik reiterated his earlier comments.
"Again, I'm not going to comment on any speculation about any of that," he said. "I've got one goal in mind, and that's the Iron Bowl."
The NCAA has also been investigating the recruitment of Robinson, a Memphis-area recruit who was part of Auburn's 2012 signing class. According to a Yahoo! Sports report in September, the NCAA found that Robinson's high school transcripts had been forged.
In addition, Yahoo! reported in September that Robinson had received impermissible benefits, including transportation to Auburn's campus, from a teacher at his high school – an Auburn fan.
If there's good news to be found in the Yahoo! report, it's that the NCAA's probe is not believed to include any additional investigation into former quarterback Cam Newton's recruitment in 2010.
But for Chizik, the news of further NCAA investigations into his program is yet another black mark on a dismal 2012 season. University President Jay Gogue said last week that he'd evaluate Chizik's job status after the conclusion of the regular season.
While Chizik has a large buyout, his contract clearly states that NCAA investigations into either him or his staff could result in a suspended payment.
Auburn University President Jay Gogue had issued a statement Oct. 25 via the school's website saying he shared many of the concerns of members of the "Auburn Family" and the football program would be evaluated in "an objective, thorough and professional process."
After a meeting of the university's board of trustees Friday, Gogue said he would evaluate the football program after the season.
"We review all the programs, including the administrative people, after every season," Gogue said. "You never know till the season's over what you got. So we will wait till the end of the season and review the program."
James Crepea writes for the Montgomery (Ala.) Advertiser.


text:
National Register Home
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National Register of Historic Places Program:
Celebrate Independence Day All Month Long
July, 2012
The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources.
We encourage people to tour one of our National Parks or visit one of the many sites listed in the National Register of Historic Places on the Fourth of July or at anytime to celebrate our shared history.
This site showcases:
Highlighted Properties / Previous Highlights / Learn More
Mount San Jacinto State Park Historic District, Idyllwild, California
The Mount San Jacinto State Park Historic District is historically significant at the state level under Criterion A in the area of Entertainment/Recreation during two periods of significance: 1934-1942 and 1947-1965. The first, or Civilian Conservation Corps (CCC) Era, is associated with the largest cooperative effort between state and federal governments to improve publicly owned parks throughout the United States during the Great Depression ofthe 1930s. The second period is associated with California State Parks' statewide effort to improve its parks in response to increased postwar demands.
City Square Park Bandstand, Humboldt, Kansas
The public square originated with the platting of the town in 1857, and has functioned primarily as a community gathering space. Humboldt's community band formed in 1866 under the leadership of former military bandmaster Richard Redfield, and - performed in the park as early as 1867. The current bandstand was built in 1907 and sits at the center of the park.
Previously Highlighted Properties
USS Wisconsin, Norfolk, Virginia
Measuring 887 feet 3 inches, the USS Wisconsin is nationally significant as a representation of the culmination of American naval engineering in the first half of the twentieth century, as well as for her participation in World War II, the Korean War, and the Persian Gulf War.
Manassas National Battlefield Park, Prince William and Fairfax Counties in Virginia
The First Battle of Manassas, known to the Federal army as First Bull Run, was the first major land battle of the Civil War. The one day of fighting on July 21, 1861 assembled the largest American force to date, with 34,000 Confederates and 35,000 Federal troops. Jackson received his sobriquet "Stonewall" during this engagement, due to his instrumental role in the defense of Henry Hill.
Kettle Creek Battlefield, Wilkes County, Georgia
On Valentine's Day 1779, outnumbered 2 to 1, demoralized from the fall of Savannah, Southern Patriots won a stunning victory over the British here in 1779, helping to turn the tide in the south during the American Revolution.
Learn More
National Park Service
Teaching with Historic Places Lesson Plans: Independence Day featuring such places as:
- The Battle of Bunker Hill: Now We Are at War
- Independence Hall: International Symbol of Freedom
- "The Rockets' Red Glare": Francis Scott Key and the Bombardment of Fort McHenry
- The Washington Monument: Tribute in Stone
- and many more
Discover Our Shared Heritage Online Travel Itineraries encourage tourism to historic properties across the country:
- American Presidents
- Amistad: Seeking Freedom in Connecticut
- We Shall Overcome: Historic Places of the Civil Rights Movement
- Lewis and Clark Expedition
- Veterans Affairs National Home for Disabled Volunteer Soldiers
- Journey Through Hallowed Ground: Route 15 in the Virginia's Piedmont


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bargersville, IN
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Available mailing locations by zipcodes - bargersville
Select your zipcode or nearest zipcode46106


text:
Dit model is Online Offline
22, Vis
Laatste Login: 03-12-18 19:45:53
Verstuur beloning
Plaats het model op de 1ste positie
Plaats het model op de 1ste positie
Door op deze knop te klikken plaats je Siennababe gedurende 60 seconden op de hoogtste positie op de eerste pagina. Gedurende deze tijd zal de chatroom van het model beter zichtbaar en ontzettend populair zijn! Een bericht over jouw actie zal in de chat verschijnen en kan gelezen worden door zowel het model als de andere gebruikers. Siennababe zal dit gebaar zeker op prijs stellen en zal je ontzettend dankbaar zijn!
Alleen premium gebruikers kunnen van deze mogelijkheid gebruik maken:
VIP – een keer elke 10 dagen.
DIAMANT – 1 keer per 24 uur.
EXCLUSIEF – 3 keer per 24 uur.
Kies een cadeau
Belangrijke details van Siennababe
|Seksuele voorkeur
|150cm - 160cm
|46 - 55 kg
Over mij
My name is sienna and welcome to my digital island paradise. Lets have fun!
Wat we op de webcam doen
Werkuren voor Siennababe
|19:00 – 23:00
|21:00 – 23:00
|21:00 – 03:00
|21:00 – 03:00
|21:00 – 04:00
|16:00 – 03:00
|08:00 – 11:00
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Siennababe Wensenijst
100$ Amazon Gift Card
Give your favorite model an Amazon Gift Card which never expires and can be redeemed towards lots of items on amazon.com! Make her feel happy with the most amazing online shopping ever.
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Apple iPad Pro 9.7 Wi-Fi 32GB Rose Gold
Give your five-star model this unique device that helps do amazing things, without ever getting in the way. Enjoy online communication, photo and video sharing with your favourite model any time any time you want!
Apple Watch Series 3 38mm
This useful gadget will help your favourite webcam babe organize her activities efficiently. With this Apple smartwatch on her wrist, she can receive and make calls, browse through plenty of apps, and even track her fitness activity. What could be better? Color: Pink Sand
Beats Solo 3 PINK
The best way to listen to music is while traveling or working out. Beats Solo 3 are stylish wireless headphones with a great sound. Super comfortable to wear and perfect for your favorite model to enjoy every day!
Logitech Brio 4K Stream Edition
This high-quality camera will allow your favorite model to stream in Ultra HD, making her more popular and granting you a better view of her beautiful body! Give Logitech Brio to the lady of your choice and enjoy her shows in glorious 4k!
Yves Saint Laurent Black Opium Nuit Blanche EDP 50 ml
Emphasise your favourite webcam girl's mysterious personality with Yves Saint Laurent Black Opium Nuit Blanche fragrance! Let the famous brand help her shine like a real star!
Lelo NEA™ 2 Deep Rose
Show your favorite model true adoration with this wonderful lusciously designed vibrator! Make her orgasms become stronger and much more unforgettable with this strong and beautiful little erotic secret!
Lelo GIGI™ 2 Deep Rose
This delicious sex toy is the best way to make your favorite model's G-spot feel really happy and satisfied! Make her solo games totally euphoric with it's curved and flattered tip that can easily beckon her to the land of pleasure!
Lelo LUNA Smart Bead™ Pink
Do you wanna make your favorite webcam girl's orgasms really fabulous? Then this lovely sex toy with powerful touch-sensors is what you really need!
Agent Provocateur Felinda Slip Black
Wearing fine lingerie can empower women, and not just sexually. Your favourite girl will feel like a true queen wearing this new Felinda Slip!
Agent Provocateur Gift Card €100
Do you wish to treat your favourite model, but you are not sure what she would like? Give her a chance to choose! Agent provocateur's digital gift cards are a quick and easy way to make the girl of your dreams truly happy!
Mini Cooper 'S' Cabriolet
Be it a sprint or a marathon – punchy engines, crisp transmissions and lively acceleration make the MINI an all round sports-star! With stable suspension, a low ground clearance and the go-kart feeling you'd expect from a MINI, you're guaranteed as much fun as you can have on four wheels. The convertible roof can be automatically opened in different positions to guarantee a unique feeling of driving freedom…and it's a MINI!
iMac Pro INT
iMac Pro is stylish, beautiful and elegant – a perfect gift for a lovely girl! Give an iMac Pro to the model of your choice, and she will forever remember you as a man who knows how to treat a lady.
Sony PlayStation 4 Pro White
Let your favorite sexy webcam model play games with dynamic, connected gaming, powerful graphics and speed with this gorgeous console! It's the best option to show you really dare!
Material: 925 Sterling silver, velvet black. Stones: zirconia pavé white. Colour: silver-coloured, black, white
Xbox One 500GB
Can sexy gamers turn you on? Then make your favorite model one of them with one of the most powerful gaming consoles ever! You will never regret about this gift looking at the generous gratitude of its happy owner!
Material: 925 Sterling silver; 18k rose gold plating, turquoise enameled Stones: glass-ceramic stone, synthetic corundum red Colour: rosé gold-coloured, turquoise, red
Lelo NOA™ Deep Rose
Truly perfect vibrator is the ticket to the world of most pleasant sensations indeed! Hurry up to sweeten your favorite model's and her partner's sexual life with it's insertable tail and large top!
Lelo ALIA™ Deep Rose
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Apple iPhone X 256GB Space Grey
This is sensational! Superhuman intelligence, elegantly rounded corners, natural and intuitive navigation - sounds sexy as hell, doesn't it? Give this smartphone to your favorite mode, as long as she earned it. Really earned it.
Agent Provocateur Gift Card €250
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Balmain Hair Perfume 100 ml
This perfume will make your favorite girl's hair luxuriously fragrant! Make her happy, she will definitely feel more confident with a touch of sensuality and tenderness!
Agent Provocateur Tutu Brief Black
Tutu Brief will prove to you that there is nothing sexier than a gorgeous model wearing ruffles. The sex appeal of your favourite girl will raise the moment she puts this on. Not only the most flattering, but also a comfortable gift!
Material: 925 Sterling silver, blackened Stones: zirconia white Colour: silver-coloured, white
Material: 925 Sterling silver, blackened, turquoise, pink, green enamelled Stones: synthetic corundum red, glass-ceramic stone turquoise Colour: silver-coloured, turquoise, red, pink, green
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Eighteen months ago, when we had the opportunity to drive the new Buick Lacrosse, it completely blew us away. It completely reset expectations for what a Buick could be. It truly was the redefinition of a brand.
The follow-up to the Lacrosse for Buick is the new Regal, though it is actually the Opel Insignia redone for North America. Having been bred in Germany expectations for this car were quite high, perhaps too high. Much of the enthusiast press had already tagged this car as a performance sedan to go after the BMW Three series, especially in turbo form. While this car may share similar dimensions with said BMW, make no mistake this car is no Three series competitor. Rather, the Buick Regal is a more than competent sedan, that while not an enthusiast car, certainly won't embarrass itself when called upon to up the pace.
As Buick is being reborn and rebranded from GM's bankruptcy, there has been a question among the press, as to whom Buick is targeting, and what other brands they consider to be competitors. The two brands that immediately come to mind Buick may be shooting for are Acura and Lexus. Buick certainly has Acura covered and the quality of their cars are at least as good if not much better than their equivalent Lexus counterparts. On top of that, the Buicks have some style and personality unlike the cars from Lexus.
The exterior styling of the Buick Regal, while not groundbreaking, nor extraordinary, is nonetheless very pleasing to the eye and does have character. You could say, that the car even has a bit of elegance in its design. Maybe the better term for it it would be graceful. The design language certainly is a carryover from what we saw with the Lacrosse and even a little bit with the Enclave, which was really the first of the new exterior design language.
Inside the Regal, the quality of the materials are very pleasing and while the leather of the seats was not buttery soft, the material did have a nice thickness to its feel. The use of hard plastics was kept to an absolute minimum, and the materials had a nice soft touch and good graining. That said, there were some interesting omissions from our Regal test car. Number one, if there was a trunk release button inside the car it was not to be found. Number two, at the price level of our test car, which was a fully optioned CXL Turbo model, there was no backup camera, no remote start, nor proximity locks. While some of this may seem very nit picky, we recently had a Kia Optima in for review that was $7000 less expensive than the Regal, yet had all of these features. As competitive as this market segment is, it's these little things that can make or break a car's acceptance.
The Telematics system worked very well we had no problems pairing our iPod, nor our Blackberry phone to the system. As part of the option package there was a Harman Kardon nine speaker stereo system, and we have to say it's one of the best factory installed systems we have yet experienced. We tested it with a number of genres including jazz, techno, classical and rock, and it held up well to all of these. For example, we had an old "Everything But The Girl" album playing, and got some looks from how much the system was bumping, all without distortion. On top of that Tracie Thorn's vocals made you feel as if you were in a small club with her.
The driver seat is multi adjustable including lumbar and side bolsters. We had no problem finding a comfortable driving position that were sure would be good for 500+ miles. Back seat room was also very good, a six-foot person would have no problem being comfortable for an extended period of time. The trunk of the Buick Regal is also quite substantial. While it missed out on our bimonthly Costco, Trader Joe, Meijer's runs we have no doubt he would've swallowed all of that with ease.
While many people expected the turbo model to be a performance car, our take away was that much like Hyundai and Kia the use of a turbo four-cylinder is more a replacement for a V6 then it is to be a performance model. While the Buick regal Turbo certainly has good power, it's not going to blow you away. The level of power is certainly more than acceptable and the four-cylinder engine is very smooth, it never had us wishing that there was a V6 upfront instead. Fuel mileage for our Regal Turbo is rated by the EPA at 18 city 28 highway and 22 combined. Our results sow 21 in city driving and 32 on the highway, which we were pleased with.
The Regal Turbo gives you the option of two additional suspension settings, a sport mode and a touring mode. The difference between the two can be felt, the sport mode did firm things up, and you certainly felt more of the road through the seat. However, the majority of our time with the car we chose neither. In the standard mode the car rode very well and ate up highway miles, it dealt nicely with the bomb craters that we have for roads in Southeast Michigan. There was no harshness to the suspension in dealing with several large potholes, which, in other cars, have caused unpleasantness. The steering could have used a little more feedback and road feel, it wasn't bad but it would have been nice for just a little more. The car was responsive to direction change, and held lines nicely when we tested it on a few off ramps.
Our test car had a base price of $28,745, the top level option equipment package added $5690 to the total giving and as delivered price including destination of $35,185. The way Buick have decided to option this car is to offer the choice of seven different packages rather than mix-and-match choices, and there were no options that were not included in this car. At 35 grand the Buick is in a tough price range. For essentially the same money you can get a well-equipped though not loaded La Crosse, which to this day is still one of our favorite cars we tested over the last two or three years. The Regal is certainly a match for any Lexus IS or Acura TL and would probably offer better value for money, but it's the omission of a few little things that keep us from having the same reaction to the Regal that we did for the Lacrosse.
At the end of the day the Buick Regal Turbo is a very good effort. While we are a bit disappointed that it not our socks off like the Lacrosse did we were still pleased to see that Buick is continuing its efforts to redefine its brand and deliver quality products that are much more than you would expect.


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These kids who have special needs have the same dreams and desires as their peers. They need help, and we want to give them the most opportunities as we can so that they can lead as fulfilling lives as they possibly can. —Mellanie Taylor
OREM — When a mother noticed her special needs child became more educationally engaged after getting an iPad for Christmas, the idea to enhance special needs education with technology sparked a statewide movement.
Mellanie Taylor, whose 14-year-old daughter Alexia is diagnosed with Down syndrome, brought her idea to her fellow members of the United Angels Foundation, a Utah-based, nonprofit support group for parents of children with disabilities.
"These kids who have special needs have the same dreams and desires as their peers," the West Jordan mother said. "They need help, and we want to give them the most opportunities as we can so that they can lead as fulfilling lives as they possibly can."
The founders, a Springville family with a child also diagnosed with Down syndrome, then launched a grant program to enrich special needs education by providing local special education classrooms with collections of iPads.
"The aim of the program is to get iPads into these special education classrooms because they're amazing learning devices," said United Angels Foundation President Mark Leck. "They provide a multi-sensory learning experience for the students where they can see it, hear it and touch it."
Initiated in May, the grant program was dubbed iPads 4 Angels. Leck said foundation funds consisting of donations and corporate sponsorships back the program, for which special education teachers throughout Utah can apply and request a number of iPads they find suitable for their students.
If approved, the grant will supply the teachers with their requested iPads for a full school year, during which time they are required to submit two reports that document the benefits and challenges the technology presents their students.
Applicants must teach special education in a public Utah school and have a foundation member as a student. Membership is free to anyone who supports a child with any sort of disability, Leck said.
"I'm excited for this to benefit our public school systems here in Utah as well as the special needs community," Leck said. "We want to make a difference, do good for the community, and help these families who are faced with some greater challenges than others."
So far, iPads 4 Angels has received 11 applications requesting more than 75 iPads for more than 240 children with disabilities across Utah, Leck said. The application process closes Aug. 15.
Current funds guarantee the foundation will donate about 30 iPads when school starts at the end of August, Leck said.
More donations are needed to fulfill demand, as only 50 percent of iPad requests can currently be filled, Leck said. However, more teachers are still encouraged to apply, as more applications will push for more public and corporate donations. Donations of old devices are also welcome, he said.
Julia Witham, a Thunder Ridge Elementary special education teacher who applied for the iPads 4 Angels, said she has witnessed the benefits of teaching her students with iPads.
"They're just wonderful to use with students with disabilities because they're very engaging, and there are a lot of different applications that you can use to help the children learn," the teacher at the Saratoga Springs school said. "I use them for every level of reading, math, handwriting — just about anything you can think of."
Witham said she already has two iPads for teaching but requested two more from iPads 4 Angels to have more to go around, since she has up to 10 students in her class at a time.
"It's almost like bringing an extra aide into the classroom," she said.
To encourage Utah schools to invest more in special needs education, the application asks if the teacher's school is willing to match the program's donations, Leck said. So far, about 50 percent of applications have schools that are willing to invest.
Taylor, who was so impressed by how much an iPad helped her daughter's learning abilities at home, personally purchased three iPads for her daughter's class at Joel P. Jensen Middle School. She said she requested nine more from iPads 4 Angels, so each student could have one for class use.
That school in Jordan School District is one of the schools that agreed to match the iPads 4 Angels donations, Leck said.
Jordan spokeswoman Sandra Riesgraf said district officials welcome the iPads 4 Angels program. Last year, she said, $3.6 million of Jordan School District funds went toward instructional technology costs for both special needs and general student populations.
"We're always looking for creative ways to provide children with the technology they need to learn, and we're more than happy to work with them to get what they need," Riesgraf said.
Those interested in applying or donating can visit www.unitedangelsfoundation.org.
Email: [email protected]