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Evictions are driving long-time renters out of their homes -- and out of SF. Here are the stories of several people being evicted
02.05.13 - 6:29 pm | Rebecca Bowe and Dylan Tokar |
Mai told me that he knew a disabled senior was living in the building when he and his two partners bought it, but he said his plan all along was to evict all the tenants and turn the three-unit place into a single-family house. He said he hasn't decided yet whether to sell building; "I might decide to live there myself." (Of course, if he wanted to live there himself, he wouldn't need the Ellis Act.)
Mai said he "felt bad about the whole situation," and he had offered to buy Mykaels out. The offer, however, wouldn't have covered more than a few months of market rent anyplace else in the Castro.
By law, Mykaels can stay in his apartment until September. If he can't stave off the eviction by then, San Francisco will lose another longtime member of the city community.
Dark days in the Inner Sunset
By Rebecca Bowe
The living room in Rose and Willie Eger's Inner Sunset apartment is where Rose composes her songs and Willie unwinds after playing baseball in Golden Gate Park. Faded Beatles memorabilia and 45 records adorn the walls, and a prominently displayed poster of Jimi Hendrix looms above a row of guitar cases and an expansive record collection.
It's a little worn and drafty, but the couple has called this 10th Ave. apartment home for 19 years. Now their lives are about to change. On Jan. 5, all the tenants in their eight-unit building received notice that an Ellis Act eviction proceeding had been filed against them.
"The music that I do is about social and political things," explains Rose, dressed from head-to-toe in hot pink with a gray braid swinging down her back. Determined to derive inspiration from this whole eviction nightmare, she's composing a song that plays with the phrase "tenants-in-common."
Cindy Huff, the Egers' upstairs neighbor, says she began worrying about the prospect of eviction when the property changed hands last summer. Realtor Elba Borgen, described as a "serial evictor" in online news stories because she's used the Ellis Act to clear several other properties, purchased the apartment building last August, through a limited liability corporation. The notice of eviction landed in the mailbox less than six months later. (Borgen did not return Guardian calls seeking comment.)
"With the [average] rent being three times what most of us pay, there's no way we can stay in the city," Huff says. "The only option we would have is to move out of San Francisco." She retired last year following a 33-year stint with UCSF's human resources department. Now, facing the prospect of moving when she and her partner are on fixed incomes, she's scouring job listings for part-time work.
The initial notice stated that every tenant had to vacate within 120 days, but several residents are working with advocates from the Housing Rights Committee in hopes of qualifying for extensions. Huff and the Egers are all in their fifties, but some tenants are seniors—including a 90-year-old Cuban woman who lives with her daughter, and has Alzheimer's disease.
Willie works two days a week, and Rose is doing her best to get by with earnings from musical gigs. Both originally from New York City, they've lived in the city 35 years. When they first moved to the Sunset, it resembled something more like a working-class neighborhood, where families could raise kids. The recent tech boom has ushered in a transformation, one that Rose believes "changes the face of who San Francisco is." Willie doesn't mince words about the mess this eviction has landed them in. "I call it 'Scam-Francisco,'" he says.
There were effectively no hispanics in SF then, while the balcks were mostly around the Fillmore.
Studying some local history might make you more credible when you are defending your gentrification.
Posted by Guest on Feb. 06, 2013 @ 1:32 pm
Something San Francisco has decided it will do everything to prevent. In a capitalist society those with more money win every time. These tenants will lose - they cannot hold out against the money machine.
Posted by Lucretia Snapples on Feb. 05, 2013 @ 9:08 pm
All those cranes?
Posted by marcos on Feb. 05, 2013 @ 9:24 pm
Come on.
Posted by Lucretia Snapples on Feb. 05, 2013 @ 9:32 pm
10th and Mission, Trinity Plaza (rental), Mission and 15th, Dolores and Market, Duboce and Market, 19th and Valencia, 15th and South Van Ness, the dirt is flying and thousands of units are under construction with more to come.
Posted by marcos on Feb. 05, 2013 @ 9:46 pm
Dirt can fly but 250 units ain't cutting it.
Posted by Lucretia Snapples on Feb. 05, 2013 @ 10:15 pm
This year is not last year.
Posted by marcos on Feb. 06, 2013 @ 7:29 am
You've said both things at different times now.
Posted by Guest on Feb. 06, 2013 @ 7:41 am
I am neither supporting nor opposing development with these posts, simply pointing out to Lucrecia Bermudez what is happening on the ground right now.
Posted by marcos on Feb. 06, 2013 @ 8:47 am
market-rate housing so it is good to hear that you are now neutral on them.
Posted by Guest on Feb. 06, 2013 @ 9:00 am
For the purposes of this thread, either there are thousands of units in the pipeline or there are not. Since I can see two cranes pooping out hundreds of units each, suffice it to say that there are indeed thousands of units in the pipe line whether I support them or not.
Posted by marcos on Feb. 06, 2013 @ 9:16 am
It deters new supply of homes.
So pick which side you are on.
Posted by Guest on Feb. 06, 2013 @ 9:29 am
Put condos in Tim Colen's back yard and we'll talk NIMBY.
Posted by marcos on Feb. 06, 2013 @ 10:04 am
People take them as short-term measures, and never expect to lumber their landlord with a lifetime sentence.
Posted by anon on Feb. 05, 2013 @ 7:54 pm
You want San Francisco to be like most places. Why not live there instead of seeking to make everywhere like anywhere? I guess the opportunities to profit off of others' misery just can't measure up.
Posted by marcos on Feb. 05, 2013 @ 8:44 pm
want it to evolve naturally. You're the one trying to impose your own private fantasy onto the city, and you aren't even from here.
Posted by Guest on Feb. 05, 2013 @ 9:02 pm
Public policy sets the bounds on how a city will develop.
Posted by marcos on Feb. 05, 2013 @ 9:25 pm
So is the ability to form TIC's.
Posted by Guest on Feb. 06, 2013 @ 9:30 am
I dont know if you know, but section 8 has been closed for years. There is not even a wait list to get onto due to past administrations corruption assigning them to family and friends for cash donations... It is very a very corrupt arm of SF govt. So, actually, NO older residents could not apply to anywhere for city help with low income housing because there was nothing to apply for or to. And also, I really doubt that anyone saw our slimy ass Mayor lie and sneak his way into office (with some question about vote tampering mind you as well as an election scandal about illegal donations) and then make a whole bunch of sweetheart deals with huge tech firms to move here with their entire work force. How on earth could anyone see this coming when Ed Lee promised that he was just filling in the interim until the election after Gavin Newsom vacated early. He promised that he would NOT run for the upcoming open position. Then with the last minute help of Rose Pak and Willie Brown, he jumped in last minute and then stole the race. All of this was a shock and for most of the old tenants, they are still in shock!
Posted by bluepearlgirl on Feb. 06, 2013 @ 8:05 pm
Shaming property owners is not going to solve this problem.
Posted by Guest on Feb. 05, 2013 @ 7:56 pm
immediately becoems the antichrist.
Posted by anon on Feb. 05, 2013 @ 8:33 pm
Homeownership=good, TIC eviction/conversions = bad.
Posted by marcos on Feb. 05, 2013 @ 8:38 pm
evictions. Not all evictions lead to TIC's and not all TIC's are created by evictions.
Thousands of tenants have been given their first opportunity to buy because of TIC's - the first step of the ladder of home ownership.
Oh, and if you live in a condo, then it was converted at some point, so how can you claim conversions are bad?
Posted by Guest on Feb. 05, 2013 @ 8:59 pm
How is your reverse condo conversion going? We need to more rent controlled housing in the Mission.
Posted by Guest on Feb. 05, 2013 @ 8:59 pm
Two unit buildings were exempted from rent control in 1994, condo or no.
Posted by marcos on Feb. 05, 2013 @ 9:21 pm
for a rent much lower than the market rent, as a gesture towards affordable housing.
So why won't you be doing that? After all, LL's only have to cover their costs, right?
Posted by Guest on Feb. 06, 2013 @ 7:49 am
Nobody is shaming property owners, trolls lie again.
Posted by marcos on Feb. 05, 2013 @ 8:37 pm
own TIC's, so you are as guilty as they are.
Posted by Guest on Feb. 05, 2013 @ 8:57 pm
I'm more special than everyone else. That's why I devoted my life to pointing out how terrrible and stupid everyone else is, especially those individuals trying to help make the city a better place, like Randy Shaw, Ted Gullickson, Calvin Welch and many others who have been fighting to maintain some economic and racial diversity in the city.
One of the best ways to get to the top of the heap is to take down everyone else. It doesn't matter if they are tenants who need to be evicted, or it's assassinating the character of people who get in our way, or gossiping about the love lives of people we don't like, or showing up uninvited to disrupt meetings where people are trying to organize and discuss strategies. Anything to bring down everyone else helps me win.
Posted by Guest on Feb. 06, 2013 @ 5:52 am
The way that Randy Shaw got to the top of the heap was to take down everyone else, Ted Gullickson not so.
Posted by marcos on Feb. 06, 2013 @ 7:30 am
Are you suggesting that is off-topic on a politics website?
Posted by Guest on Feb. 06, 2013 @ 7:36 am
IF the FHA stopped insuring jumbo loans this madness would stop. This isn't free enterprise or free markets. This is government mortgage subsidies and tax breaks for the rich.
Posted by Guest on Feb. 05, 2013 @ 9:06 pm
It's not going to make a huge difference if the FHA stops insuring those loans beneath the $625,000 limit or not. Reducing conforming loan limits to $250,000 or lower is not going to bring down prices in SF. The only thing that will do that is building more housing. The SF market is very tight because there is very little on the market and we are not adding more units at anywhere near the level we need to in order to build a sustainable, broader-based housing market here.
Stop asking the government for solutions. The government is not the solution to this problem. Repeat that again. And again.
Posted by Lucretia Snapples on Feb. 05, 2013 @ 9:27 pm
Ending QEx and target rates near zero is why there is such irrational exuberance in the SF housing market right now.
Posted by marcos on Feb. 05, 2013 @ 9:39 pm
And people still can - I went to a showing this weekend which had over 250 people in it. Insanity - people want to buy. The recent rise in mortgage interest rates, however small, is driving the market even higher.
Posted by Lucretia Snapples on Feb. 05, 2013 @ 10:52 pm
over asking, with multiple bids. Good for everyone who took a risk. Bad for everyone who sat on their ass and clung to their rent-controlled hovel.
Posted by Guest on Feb. 06, 2013 @ 4:33 am
Even business booster Alan Greenspan could tell an asset bubble and the irrational exuberance surrounding it.
Posted by marcos on Feb. 06, 2013 @ 7:31 am
and the stock market then proceeded to go up by 130%, and never went back down close to it's 1996 level ever again.
I suspect your market calls are even worse than his.
Posted by Guest on Feb. 06, 2013 @ 7:45 am
Great article. Further TIC flipping of rental buildings should be stopped. Renters kicked out to create a lame style of homeownership that's caused a lot of naive TIC owners to regret buying. The developers are the only ones laughing.
Posted by Guest on Feb. 05, 2013 @ 9:20 pm
Whatever the outcome of the current condo conversion legislation, the demand for homeownership is not going away. TIC financing will evolve in response to the demand, but probably not in time to help those currently in distress.
Posted by Guest on Feb. 05, 2013 @ 10:02 pm
Demand for home ownership evaporates the minute the Fed ends QEx and target rates within 25 basis points of zero. The music stops and there are no more chairs.
Posted by marcos on Feb. 06, 2013 @ 7:32 am
years. They will only go away when the markets and banking system are fully recovered, and by then the fundamental case for RE will be bullish anyway.
If you could really predict markets, marcos, you'd be rich. And you're not.
Posted by Guest on Feb. 06, 2013 @ 7:47 am
TIC first time homeowner's dream was the nightmare for the tenants who got kicked out of the same building. Eff TIC''s.
Posted by Guest on Feb. 05, 2013 @ 9:43 pm
Ugly are the new condos too. Craptacular.
Posted by marcos on Feb. 05, 2013 @ 10:05 pm
You are conveniently ignoring that.
Posted by Guest on Feb. 06, 2013 @ 7:46 am
That this has even gotten this far means that ranked choice voting has been a total disaster for the people it was designed to empower.
Posted by Guest on Feb. 05, 2013 @ 9:43 pm
Don't blame me, I spoke and voted against Prop A/Rank Choice Voting a decade ago.
Posted by marcos on Feb. 05, 2013 @ 10:07 pm
It was to achieve the same results more quickly and cheaply.
Posted by Guest on Feb. 06, 2013 @ 7:43 am
but the change indeed was indeed supposed to affect the outcomes better suited to the wishes of the electorate.
Besides eliminating the need for costly December runoffs, this is what I had in mind at the time of voting on IRV:
1) IRV leads to less-negative campaigns when candidates find it more advantageous to draw attention to commonalities among themselves where they exist, and provides a powerful incentive to avoid meritless personal attacks; which might tend to alienate one's own possible down-rank supporters.
2) Eliminate the advantage deep-pocket corporate campaign cash donors had for the run-off.
3) Eliminate the worry and uncertainty voters constantly faced over which among many candidates on a crowded November ballot they should support so as to have the best chance of electing someone desireable in the runoff. It used to be that you'd have to rely on privately-commissioned polls to know how to vote.
That last part sucked and marcos has never answered that complaint with his glib pronouncement that IRV has cost progressives seats; itself a dubious though not completely implausible statement.
Posted by lillipublicans on Feb. 09, 2013 @ 2:43 pm
A realtor with Paragon Realty sends out regular emails to potential buyers and sellers about the SF housing market. The latest email had lots of charts showing inventory listings are down 30%, while demand is unrelenting.
A few quotes:
"If someone asked me to sing a song about the San Francisco real estate market in 2012, I would name it "Lots of Buyers with Nothing to Sell" and set it to the tune of "Bibbity Bobbity Boo".If had to make one up for 2013, it would be the same thing, only louder. The supply/demand equation has only become more unbalanced since January 1."
"If you are a frustrated buyer, there are still ways find good deals. More and more homes are sold off-market, for example. Another way to unearth a fair value is to check homes above your price range to see if any of them have been sitting for awhile. These listings may have more motivated sellers."
And this for the kicker:
"Tenant-occupied properties also offer terrific opportunities for buyers who understand San Francisco's rent laws. If you'd like to learn more about how buyers are still finding good homes, please call me. I'm always happy to share."
The message is clear. If you're a tenant in a 2 to 6-unit building you should be planning for an eviciton so that someone richer than you can buy your "home." And with another 300,000 H-1B visas on the way - most headed for jobs in Silicon Valley - and with Mayor Lee warmly embracing the tech firms that are the ultimate source of these evictions, tenants should probably plan on an eviction sooner rather than later.
Throughout human history tenants have always been treated like dirt. It shouldn't be too surprising the City of St. Francis has declared an all out war against tenants since it's always been filled with some of the more pretentious and selfish people on earth, including Greens like marcos who fight new construction so that existing tenants can be evicted even faster.
Posted by Guest on Feb. 05, 2013 @ 10:01 pm
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Albany police have made an arrest in the theft of 30 televisions from a storage unit outside the Hilton Garden Inn. Police have arrested 39 year old Julian Parker. They received a tip that someone was selling the televisions out of a home on Lee Street.
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Additional arrests are expected. Police want to remind folks that if you purchased on of these televisions you could be prosecuted.
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The TSP offers you two tax treatments for your employee contributions when you make a contribution election:
Prior to May 2012 all contributions were traditional (pre-tax). The Thrift Savings Plan began accepting Roth TSP employee contributions in May 2012 but the first date Department of the Navy civilian employees could elect Roth TSP contributions was June 25, 2012.
If you make Roth contributions you will have a Roth "balance" in your account, in addition to any traditional "balance". Traditional and Roth money must be kept separate in your account for tax purposes, but the two "pots" of money together make one TSP account balance. Any transaction you make – such as interfund transfers, contribution allocations, loans, beneficiary designations, and withdrawals-will apply in equal proportions to the Roth and traditional balances.
Roth TSP contributions may be made in addition to or in lieu of traditional TSP contributions and are subject to the elective deferral limit. Combined traditional and Roth TSP contributions cannot exceed IRS the elective deferral limit.
If you are automatically enrolled in the TSP, your contributions are traditional.
If you are age 50 or older, you may elect to make Roth TSP catch-up contributions. Combined traditional and Roth catch-up contributions cannot exceed the IRS elective deferral limit.
If you are a FERS employee, Agency Automatic (1%) and Agency Matching Contributions are a part of your traditional balance. Roth TSP contributions are added to traditional TSP contributions when determining the percentage of pay being contributed for purposes of the Agency Matching Contribution formula.
You can transfer Roth 401(k), Roth 403(b), and Roth 457(b) (but not Roth IRA) money into the Roth balance of your TSP account. Pre-tax transfers will continue to be placed in your traditional TSP balance.
When you withdraw your account, you will be able to separately transfer any portion of your Roth and traditional balances to IRAs or other eligible employer plans.
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2. Your TSP election will be effective at the beginning of the next pay period following your election.
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Effective Date Chart
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The No.2 Magnolia Blue Eagles advanced to the West Virginia Class A Semifinals with a hard-fought 19-14 victory over No.7 East Hardy at Alumni Field in New Martinsville.
Magnolia senior quarterback Tanner Hanna ran for a pair of one-yard touchdowns in the first half, and junior running back Kage Rhode added a 10-yard touchdown run in the third quarter for the Blue Eagles.
East Hardy, 10-2, hit a 73-yard touchdown pass from Shawn Skovron to Josh Parker in the second quarter, and Skovron added a one-yard touchdown in the third quarter.
The Magnolia defense made several key stops in the fourth quarter, and had the Cougars pinned deep in their own end with under six minutes left. Throwing out of his end zone, Skovron was intercepted by Magnolia's Stephen Rogalski late in the fourth quarter, as the Blue Eagles ran out the clock from there.
The Blue Eagles, winners of 11 straight, will host No.3 Wahama (12-0) next weekend. The White Falcons defeated No.6 Greenbrier West 21-12 to advance.
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CHARLESTON, W.Va. (AP) -- A cast member of the MTV reality show "BUCKWILD" is facing a drug charge in West Virginia.
Twenty-four-year-old Salwa Amin was arraigned Monday in Nicholas County Magistrate Court on felony charges of possession of a controlled substance with intent to deliver. She is being held at the Central Regional Jail on $200,000 bond.
State police say a multi-agency task force arrested Amin and two others late Sunday night at a residence in Summersville after receiving a tip from an informant. Officers found oxycodone pills and heroin at the residence.
Jail Administrative Sgt. Rick Drake says Amin doesn't want to talk to the media.
MTV spokeswoman Candice Ashton says the network doesn't have any comment at this time on Amin's arrest.
"BUCKWILD" was filmed largely around Sissonville and Charleston.


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My 5 star rating is predominantly based on the great value that this hotel provided. Definitely not the best hotel (of 8) that we stayed at in France this summer, but the best value. In my opinion this hotel is very similar to the Novotel chain with the exception that the rooms are cheaper yet larger. It does not have... More
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com, Travelocity, Priceline, Hotels.com, Tingo, BookingOdigeoWL, Otel, HotelsClick and Venere so you can book your Residence Astoria reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.


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Some new faces will see plenty of mat time when Kettle Falls High School gets its 2011-2012 wrestling season underway close to home on Wednesday at Colville in a Jamboree with the Indians, Chewelah, Selkirk and Republic. Wrestling gets started at 5 p.m.
The Bulldogs of head coach Joe Kerns will be at the Liberty Tournament on Saturday (9 a.m. start).
It could be another interesting winter for Colville High girlŌĆÖs basketball.
The Indians, who finished 17-5 last season, lost five key seniors off a veteran club, but they return a solid nucleus of players and some promising newcomers that could pull some surprises in the competitive Northeast A League this winter.
Colville also returns a couple of familiar names and faces that have been actively involved with Colville girlŌĆÖs basketball for many years.
What is likely one of the most inexperienced girlŌĆÖs basketball teams in the Northeast 2B League (Bi-County) this winter will get the 2011-2012 season underway this week.
Kettle Falls High opened the season on Tuesday at the annual Chewelah Jamboree. The Lady Bulldogs will open their regular season on Thursday at Kettle Falls against Selkirk. Game time is 5:45 p.m.
KFHS will travel to Chewelah for another non-league date on Friday. Game-time against the Northeast A League member Cougars is 5:30 p.m.
Colville High volleyball coach Missy Bennett holds up WIAA championship trophy hardware after the Indians downed Castle Rock Saturday night. Bennett has gotten close to a state title before, getting two teams in her 20-plus year run to the championship. ŌĆ£I think IŌĆÖll hold on to this for awhile,ŌĆØ she said.
Colville poses with the schoolŌĆÖs first state volleyball championship hardware. Back row, from left: Assistant coaches Anne Cecil and Michawn Vining, Tyra Brons, Aubrey Buckner, Joellee Buckner, Sadie Learn, Jacy Vining, Jessi Glidewell, Taryn Main, Hannah Smith, Leanna Carr and head coach, Missy Bennett. Front: manager Megan Rogers, Lexi Lehman, Rylee Wittmeyer, Ashley Knight, Tasji Urhausen, Erin Little, and manager, Kaydee Poling.
Colville High seniors Erin Little, Lexi Lehman, Ryley Wittmeyer, Ashley Knight and Tasji Urhausen reflect on a memorable 2011 volleyball season in a post-championship interview with former CHS teacher, coach and longtime ŌĆ£Voice of the Valley,ŌĆØ KCVL/KCRK sports announcer, Larry Pember.
In a game played alternately in rain and snow, Royal came from behind in the second half to post a wild 38-35 win over host Colville Saturday afternoon and advance to the quarterfinals of the State 1A football playoffs. ColvilleŌĆÖs (5-5) unlikely run into the playoffs after an 0-4 start looked like it might continue after the Indians took an early 14-0 lead.
Colville annexes regional
Top-ranked Colville High rolled through the Region 6/7 volleyball tournament at Chelan last Saturday, beating Cascade 25-15, 25-12, 25-20 and then downing Freeman (for the fourth time this season) in the regional championship, 25-21, 25-9, 25-19.
Jacy Vining had nine kills and six blocks for the Indians, and setter Leanna Carr added 27 assists in the Freeman win. In the win over Cascade, Carr had 31 assists and BenchwarmerŌĆÖs Athlete of the Week, Erin Little, added 10 blocks, eight ace serves and 20 kills in the two matches.
Pietroburgo, Carpenter lead Indians to second again
Saving their best race of the season for last, Colville High SchoolŌĆÖs boyŌĆÖs cross-country team ran its way to second place at the Washington State Championship Saturday at Sun Willows Golf Course in Pasco.
In what have must have felt like d├®j├Ā vu, the local harriers, led by senior Biagio PietroburgoŌĆÖs fifth place and Kevin CarpenterŌĆÖs 8th place finish, annexed the runner-up spot behind Northeast A League rival Lakeside. It was ColvilleŌĆÖs second straight runner-up finish at Pasco.
ItŌĆÖs playoff time around the Northeast Washington prep sports scene.
High school football playoffs (Crossover/so-called Play-in games) are the featured events this weekend. Colville will host Omak and their Caribou-Trail League Player of the Year, 5-9, 215-pound running back Dylan Green.
Green, who holds most of the No. 4 seeded Pioneers rushing records, including a school single game mark established earlier this season, was also named to the first team defense as a linebacker.
The burly senior is a load and is the focal point of any opposing defense.


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NEW CASTLE — Tyler Welch had a slight hitch in his step as he walked off the field Saturday afternoon, the result of an upper thigh contusion suffered early in the third quarter.
Little else slowed the Anderson junior as he rushed 17 times for 235 yards and five touchdowns in the Indians' 49-7 domination of New Castle on homecoming at Huffman Field.
"It feels good," Welch said. "But I can't take all the credit. My offensive line was doing it, too. They were breaking holes wide open."
Even when Trojans defenders got their hands on Welch, it often made little difference. He routinely shook off tackles, turning even average plays into big gains.
His most important run came late in the second quarter, shortly after New Castle (0-6) scored to slice its deficit to 15-7. Welch took a handoff and sprinted to the left side. His blockers quickly got him into the second level of the Trojans' defense, then he shook off a pair of tacklers and sprinted 54 yards to New Castle's 7-yard line.
A few snaps later, Welch scored from the 4 and Anderson (2-4) took a 21-7 lead into the locker room. The scoring drive covered 79 yards in all and took just 1:22 off the clock, ending with 33 seconds remaining in the half.
It was a big momentum swing because the Trojans were scheduled to receive the second-half kickoff. When a punt on that drive was partially blocked, the Indians took over at New Castle's 32-yard line.
Senior quarterback Gaven Owens hit senior receiver Brandan Chapman in the end zone for a 3-yard score moments later, and the rout was on.
"This is the way we should've been playing all year," Anderson coach Randy Albano said. "I don't know what it is, I've been here four years, and we've started slow all four years. We've always finished strong and been real competitive with people. Hopefully, that's the way it's going to end up this year for us."


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That went pretty smoothly -- thanks Scott, Omar and the rest of the dasBlog development team for putting together 2.0. You guys ROCK...!
Also using Windows Live Writer for the first time with this post. Configuration with dasBlog was an absolute snap. Blogging just got a whole lot easier.
This is a personal weblog. The opinions expressed here represent my own and not those of my employer.


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Expired Property Listing
This property is disabled.
Gold Coast Townhouse (Privacy) in Ocean City
- bedrooms 4
- baths 2
- sleeps 12
- pool no
- hot tub no
- pets allowed no
- type Townhome
- community
rates (USD)
/ week
vacation rental description
Beautiful 4 bedroom townhouse 8th house from the beach. Located a
few blocks from the beginning of the board walk making it ideal for
bike rides. Best beaches in Ocean City. Short walk to Public Golf
(Private no family over or under you.)
townhome rental amenities
Amenities include: (2) Queen size beds, (4) Twin size beds, (2) Air beds, (1)Queen, (1) Pack and Play
Size Sleeper couch, (5) TV's, (2) Dvd players, (50)DVD movies,
Washer & Dryer, Cable TV, WYFI high speed internet, Outside Storage
for beach chairs. Local Phone service, Microwave, Coffee Maker,
Linen Service Optional, Outside Shower, two decks with Ocean Views,
Off street parking for two cars, Central Air.
vacation rental rates
Weekends available for Fall and winter @ $350.00 Friday evening to Sunday Noon.
2013 Rates:
NOT AVAILABLE for SENIOR WEEK, STUDENT RENTALS or Unrelated Groups.
January 5th to April 27th $ 740.00 per week
May 4th to June 1st $ 840.00 per week
June 8th $ 1,575.00, week
June 15th $ 1,575.00, week
July 13th $2,325, week
Aug. 3rd $2,625.00, week
Aug.10th $2,625.00, week
Aug 1st $1,375.00, week
Sept 7th to December 7th $ 840.00 per week
Dec.14th $1,050.00 per week
Dec. 21st $1,050 per week
Discounts for muti-weeks
Payment Schedule: 50% due with lease signing.
50% due 4 weeks before rental starts.
Security Deposit one week prior.
Payment Options: Money Order
Personal Check
Cashiers Check
All Weeks begin Saturday check in 2 PM and end the following
Saturday at 10 AM
Refundable Security Deposit: $ 600.00 May be returned within 10
days of lease end with no damages.
NOT AVAILABLE for SENIOR WEEK, STUDENT RENTALS or Unrelated Groups.


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By TOM LoBIANCOAssociated Press
Indiana Gov. Mike Pence is defending his staff's decision to delete pro-gay marriage comments from his Facebook page that he says included personal attacks.
Pence said Thursday that his social media policy allows for differing opinions without personal attacks. He says it mirrors the online commenting policy of many news organizations.
A handful of gay marriage supporters had their comments struck from the governor's Facebook page Wednesday and were blocked on Twitter. The comments were deleted shortly after the Republican governor said he would support adding Indiana's gay marriage ban into the state constitution.
However, screen shots provided by one of the commenters show one comment with no clear personal attacks was deleted as was another asking what economic impact Pence's stance has on the state.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
WSJV-TV FOX 2858096 County Road 7, SouthElkhart, IN 46517
Switchboard: 574.679.9758News Phone: 574.679.4545Station Fax: 574.294.1267Email: email@example.com


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- Home
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Hi to all,
I'm a ESL teacher and I really need some help.
Does anyone have an idea that could help my students write a one paragraph review, either on a book, film, computer game and so on? Thank you!!!!!!!!


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One of the great things about being an O2 customer is you can get Priority at The O2.
To make sure you're there when your favourite bands take to the stage you can buy tickets up to 48 hours before general sale. We'll get you closer to the action too: you'll always be one of the first through the doors at standing gigs.
Put your name on the guest list for our Priority Lounge, exclusively for O2 customers and their friends. Arrive early for a few pre-gig drinks and when the crowds are heading home thinking the night's over, you can avoid the rush and keep the night alive.
As if that weren't enough, there are chances to meet the artists you love, win signed merchandise, gold discs and tickets to some of the best gigs in town. This is O2 Priority Music.


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Liz Taurasi
Zagat's recent list of 50 Sandwiches, 50 States, breaks down unique regional sandwiches across the country and it comes as no surprise the Massachusetts sandwich is, you guessed it, The Fluffernutter.
And the timing couldn't be better. This weekend is the annual Fluff Festival in Somerville, MA where the marshmallow fluff was invented in 1917, by Archibald Query right in Somerville's Union Square.
This year's " What the Fluff?" is expected to attract 10,000 fans of the sticky marshmallow goodness.
If you grew up in the area, there's no doubt you've had, at some point in your life, a peanut butter and Fluff sandwich. If you haven't, then you have no idea what we are talking about and are really missing out on this unique, sandwich treat!
The Somerville event includes all things Fluff including local vendors with "Fluffalicious delights," Fluff-inspired cocktails in more.
The "What the Fluff?" Fluff Festival also includes a cook-off for local culinary novices to share their fluff-inspired recipes. Contestants can enter in four different categories: Best Original Recipe, Best Traditional Recipe, Most Creative and Best Youth Entry, as well as a Best Overall Grand Prize Winner. And that grand prize winner gets a private tour of the Durkee-Mower Marshmallow Fluff Factory!The Annual Fluff Festival takes place in Somerville's Union Square on Saturday, Sept. 28 from 3 to 7 p.m. The raindate is Sunday, Sept. 29.


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New Cryoshell Song Hits iTunes
Posted Dec 12 2012 - 12:12 AM
- 0
Posted Dec 12 2012 - 11:36 AM
I certainly like this song. Bummer I can't buy it on iTunes since I have no money there, and I never even use iTunes, so it wouldn't be worth it to add money to my account.
- 0
News reporter and database administrator at Brickset (profile)
Administrator at Brickipedia (profile)
Former administrator at BIONICLEsector01 (profile)
MediaWiki developer (profile)
DISCLAIMER: All opinions and contributions made under this account are based solely on my own personal thoughts and opinions, and in no way represent any of the above groups/entities. If you have any concerns or inquiries about the contributions made under this account, please contact me individually and I will address them with you to the best of my ability.
Posted Dec 12 2012 - 11:49 AM
[color=#0000cd;]Awesome song, glad I was able to pick this up with what little I had left![/color]
- 0
Need to start a poll? Or start a topic in Games & Trivia? PM me!
Posted Dec 12 2012 - 06:13 PM
Beginning's a little weird, but I like it!
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Keep in mind that if Star Trek fans had, as a group, said, "No point in talking about this anymore, it's never going to come back," it never WOULD have come back.
-- Greg Farshtey
Once Star Trek ended - pfft! - the network didn't care about it anymore, nobody cared about it anymore and it was the fans that kept it alive until finally someone turned around and said "You know what? There's a whole mess of people out there who like this. Let's do something with it again. It was a lot of years - a lot of years went by - before that happened. But if the fans shrug their shoulders and are like "Pfft! I don't care about this anymore and I'll just forget about it," then everybody else is going to forget about it, too. So the only people who - the Lego company can't do it - the only people who can keep the flame alive is the fans ... It's something only fans can do.
-- Greg Farshtey
We're 30 months closer to Bionicle's return than we were when it ended!
Posted Dec 12 2012 - 06:53 PM
A somewhat simple song, but very nice all the same. Compared to other Cryoshell work, I'd give it an 8/10.
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Posted Dec 19 2012 - 09:00 PM
- 0
Posted Dec 19 2012 - 10:32 PM
Disappointed it isn't on Amazon (the album Cryoshell is on there digitally and I always have extra money on Amazon), haven't had money in my iTunes account for ages... Doesn't really matter, though, knowing my friends and family, I'm bound to get an iTunes card for Christmas.
I was disappointed as well, but I just used a standard credit card to buy the song from iTunes. Based on my experience, it seems there is no need to have money in an iTunes account prior to buying music.
-Toa Of Justice
EDIT: I fixed my post to make the quoted post stand out more.
Edited by Toa_Of_Justice, Dec 19 2012 - 10:34 PM.
- 0
LDD American Flag--------------LDD Tinker Bell
Please see my Brickshelf gallery for more MOCs!
I don't mind if anyone borrows any part of any of my MOCs. Please be sure to give me credit though.
Posted Dec 27 2012 - 12:37 AM
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Women's Owl Costume (ref: 74055)
- Your Price:
- £ 29.99
- Retail Price:
- £35.99
- You Save:
- £6.00 (17%)
In Stock
- Info
Product InformationThis is a Orion Costumes product
View all Orion Costumes products
Our attractive Women's Owl Costume features pretty blue and brown feathers, elegant wing-like drapes and a cute owl hood. A beautiful fancy dress outfit that's ideal for an animal themed party.
Costume includes:
- Dress with wings
- Hooded Capelet
The Women's Owl Costume includes a brown dress with gorgeous blue and brown feather style detailing. There are two sheer drapes to the back of the dress which attach to your fingers with loops to give the impression of wings. The dress offers see-through straps which are fully adjustable for a perfect fit.
Also included is a suede-feel brown capelet with owl facial features and coordinating feather embellishments.
Party themesLetter 'O' CostumesAnimal Costumes
- Sizing
Sizes for this costume are:
- Small:
- Dress Size: 10
- Bust: Up to 34.5"
- Waist: Up to 27.5"
- Hips: Up to 37"
- Medium:
- Dress Size: 12
- Bust: Up to 36.5"
- Waist: Up to 29.5"
- Hips: Up to 39"
- Large:
- Dress Size: 14
- Bust: Up to 38.5"
- Waist: Up to 31.5"
- Hips: Up to 41"
- Extra Large:
- Dress Size: 16
- Bust: Up to 41"
- Waist: Up to 34"
- Hips: Up to 43.5"
- Specs
- Material: 100% Polyester
- Packaging: Resealable PVC Bag & Header Card
- Product Suitability: Adult Specific Item - All Ages Over 15 Years
- Washing Instructions: Dry Clean Only
Have a question about this product? Why not get in touch by completing the boxes below.
Instagram Gallery
Got this costume? Want your photo to appear here? Tag your Instagrams with @jokersmasquerade and #jokers74055. How do I tag pics?


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Routes Sorted
L to R R to L Alpha
This is a great climb for someone learning to climb belay and or rappel. It has great views of Lake Dillon, too!!!
Follow the path to Swan Mtn bouldering area, but do not enter. Stay high on the trail for an extra ten minutes. After the trail takes a left turn (about 1/4 mile), walk down hill to the nearest opening in the trees and follow the cliff band until you reach another downhill path. The anchors to this route are just before the second path.
Rope and two (now only one) top anchors.


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Seminars are held in Memorial Hall Room 7370 at 4:00 pm unless otherwise noted.
Refreshments will be available before each talk.
Thursday, February 13
Department faculty member presentation
Thursday, February 27
Sinkholes - Randall Orndorff, USGS
Thursday, March 20
Earth Structure and Seismology - Vedran Lekic, University of Maryland
Thursday, March 27
Distinguished Alumnus - Carl Drummond, IPFW
Thursday, April 3
Department faculty member presentation
Friday, April 25
Student Research Symposium Talks
Geology & Environmental Science Graduating Seniors


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New Seattle Job Assistance Ordinance Limits Employers' Reliance on Criminal Records
Seattle employers are about to become much more restricted in their ability to inquire into or act upon the criminal records of applicants and employees. On November 1st, the Seattle Job Assistance Ordinance, SMC 14.17, takes effect and will apply to positions that are based in Seattle at least half of the time. The Ordinance does not apply to governmental employers (with the exception of the City of Seattle) or to positions involving law enforcement, crime prevention, security, criminal justice, private investigation, or unsupervised access to children under the age of sixteen or to vulnerable or developmentally disabled adults.
The Ordinance imposes the following new restrictions on the hiring process:
- Advertisements for positions cannot state that applicants with criminal records will not be considered or otherwise categorically exclude such applicants;
- The employer cannot implement any policy or practice that automatically excludes all applicants with criminal histories;
- The employer must complete an initial screening process to weed out any unqualified candidates before the employer can question applicants about their criminal histories or run criminal background checks on applicants;
- The employer cannot refuse to hire an applicant solely because he or she has an arrest record (as opposed to a conviction record); and
- The employer cannot refuse to hire an applicant solely because of his or her conviction record, conduct underlying his or her arrest record, or pending criminal charges unless the employer has a legitimate business reason to do so.
In addition, the Ordinance provides that an employer cannot take tangible employment actions against a current employee - such as termination, discipline, demotion, or denial of a promotion -- solely because of that employee's arrest record. Nor can the employer take tangible employment actions against a current employee solely because of that employee's conviction record, conduct underlying his or her arrest record, or pending criminal charges unless the employer has a legitimate business reason for doing so.
A "legitimate business reason" is considered to be circumstances in which the employer believes, in good faith, that a conviction will negatively impact the individual's fitness or ability to perform the job at issue or will be likely to result in harm to people, property, business reputation, or business assets. The employer is required to consider the following factors in making the determination that a legitimate business reason justifies the employment action:
- The seriousness of the underlying criminal conviction or pending criminal charge;
- The number and types of convictions or pending criminal charges;
- The time that has elapsed since the conviction or pending criminal charge;
- Any verifiable information related to the applicant's or employee's rehabilitation or good conduct;
- The specific duties and responsibilities of the job at issue; and
- The place and manner in which the position will be or is performed.
Once the employer reaches the determination that a legitimate business reason supports action on the basis of an applicant's or employee's criminal record, the employer is required to notify the individual of the specific records or information on which the decision is based and hold the position open for at least two business days in order to provide the individual with the opportunity to explain or correct that information.
Affected Seattle employers should evaluate and revise their policies, application materials, and hiring practices to ensure compliance with the new Ordinance.
Maryland Federal District Court's Dismissal of EEOC v. Freeman Provides Guidance for Employers on Background Check Rules
As we've blogged about before, the EEOC has become more aggressive over the past few years in scrutinizing employer use of criminal background and credit checks. While federal anti-discrimination laws do not expressly prohibit employers from performing background checks or similar screening methods on employees or applicants, their use can be unlawful where the practice has a "disparate impact" on protected classes of employees under Title VII. Recently, the EEOC has issued Guidance documents focusing on disparate impact cases involving criminal history and credit checks, all as part of its interest in "systemic" forms of discrimination. In addition to issuing guidance limiting when and how employers can use criminal and credit history background checks in employment, the EEOC has been actively investigating specific employers, as some readers of this blog are undoubtedly all too aware. In some cases, the EEOC has even initiated lawsuits challenging employers' use of background checks. For example, the EEOC has filed suit just a few weeks ago against Dollar General (EEOC v. Dollar General, No. 1:13-cv-04307, Illinois) and BMW (EEOC v. BMW Manufacturing Co., LLC, No. 7:13-cv-01583-HMH-JDA, South Carolina).
Many employers and employment attorneys who have argued that appropriate use of background checks can be important and necessary believe the EEOC is going too far. Those employers have complained that the EEOC's aggressive position presumes the use of criminal or credit background checks is per se unlawful and amounts to a de facto ban on their use under any circumstances, regardless of whether or not they result in an unlawful disparate impact. If you are one of those raising such concerns, federal judges may be listening. A few weeks ago, a federal judge in the U.S. District Court in Maryland issued an opinion granting summary judgment dismissal in another of the EEOC's enforcement lawsuits, EEOC v. Freeman (No. 1:10-cv-2882, Maryland). The scathing opinion by U. S. District Court Judge Roger Titus held that the EEOC's evidence was unreliable and failed to raise a question of fact or show Freeman's background check policies created a disparate impact in violation of Title VII.
Court Holds Background Checks Can Be "Important" and "Essential" Tools for Employers
The court also went out of its way to note as a general matter that employer use of criminal and credit background checks, absent an actual unlawful disparate impact, was not only lawful but an "important" tool for employers. In so doing, the court cast doubt on the EEOC's Guidance on this subject, which many believe presumes background checks are inherently discriminatory. Speaking specifically about the use of criminal background checks, the court noted:
"Because of the higher rate of incarceration of African-Americans than Caucasians, indiscriminate use of criminal history information might have the predictable result of excluding African-Americans at a higher rate than Caucasians. Indeed, the higher incarceration rate might cause one to fear that any use of criminal history information would be in violation of Title VII. However, this is simply not the case. Careful and appropriate use of criminal history information is an important, and in many cases essential, part of the employment process of employers throughout the United States * * *. Thus, it is not the mere use of any criminal history or credit information generally that is a matter of concern under Title VII, but rather what specific information is used and how it is used. Because of this, it is simply not enough to demonstrate that criminal history or credit information has been used. Rather, a disparate impact case must be carefully focused on a specific practice with an evidentiary foundation showing that it has a disparate impact because of a prohibited factor."
The court went on to describe the important goals that properly applied background checks serve, such as reducing employee theft and protecting the company from negligent hiring lawsuits that could result if a known violent individual injured coworkers or customers. Indeed, Freeman was able to score easy points by showing that the EEOC itself requires passing criminal background checks as a condition of employment for over 90% of its positions! (Interesting side note: the tables were also turned on the EEOC in the Kaplan case, where a federal judge required the EEOC to disclose information about its policies in discovery. See EEOC v. Kaplan Higher Education Corp., No. 1:10-cv-2882, 2012 U.S. Dist. LEXIS 54949 (N.D. Ohio Apr. 18, 2012) (granting employers' motion to compel discovery into EEOC's background check policies, in part because the information was relevant to company's defense that EEOC should be estopped from suing employers over practices that it condones itself).)
"Winning" a Pattern and Practice Case Against the EEOC Can Be a Pyrrhic Victory
Freeman is undoubtedly a stinging rebuke of the EEOC's (over?)zealous enforcement of its Guidance regarding background checks. The opinion will certainly be cited liberally by employers involved in lawsuits alleging their use of background checks is discriminatory under Title VII. But employers should be cautioned about reading too much into Freeman. For example, the court did not hold that the EEOC could never succeed in such a case. And despite the court's general approval of background checks, it did not even find that the EEOC's Guidance was overbroad or otherwise invalid. The bulk of the court's analysis focused instead on the inadequacies of the EEOC's evidence and expert reports, which the court held were statistically unreliable and failed to show statistical evidence of disparate impact in that case. It is certainly possible that the EEOC could prevail in another case, with either different evidence or better expert testimony.
Further, defending against pattern and practice cases like this can be very expensive, even where, like Freeman, the employer "wins" by getting the case dismissed at summary judgment. The EEOC filed its lawsuit against Freeman in September 2009, and the company only just won summary judgment in August 2013. The trial court's opinion detailed the "period of contentious discovery" and "flurry of motions activity" that occurred during the nearly four years of litigation that preceded this month's dismissal of the case—code for what was undoubtedly time-consuming, costly, and stressful litigation. Indeed, pattern and practice cases by their nature entail extensive expert and class action-type discovery into many company policies and hiring practices. For example, the court in Freeman noted that the company had disclosed information related to nearly 59,000 applicants during the course of discovery!
Background Checks Still Need to Be Individualized and Narrowly Tailored
So obviously, despite the employer's resounding victory in Freeman, most employers would still be best served by trying to avoid costly EEOC scrutiny over background check policies altogether, if possible. With that in mind, therefore, perhaps the most useful take-away from the Freeman case is the court's detailed discussion of the specifics of Freeman's policy. The court described that policy approvingly, stating that "[o]n its face, Defendant's policy appears reasonable and suitably tailored to its purpose of ensuring an honest work force." (See Freeman fn 3.)
Specifically, Freeman's policy included the following:
- The application included an express disclaimer stating a conviction was not an automatic bar to employment, and that all the relevant circumstances would be considered, including the nature of the offense, the employee's explanation, and how long ago the offense occurred.
- The only absolute bar to employment was if the applicant was untruthful or failed to disclose.
- Background checks were only performed once the employee received an offer of employment.
- Any decision to deny employment based on background check results had to be reviewed and approved by senior Human Resources officials.
- Criminal background checks were limited to convictions in the past seven years.
- Credit checks were limited only to specific "credit sensitive" positions where employees had access to company credit cards or the authority to enter into contracts with vendors. Of course, watch out for other potential restrictions on use of credit checks, such as under state law (see below).
Indeed, the Freeman criminal check policy seems to largely comply with the EEOC's 2012 Guidance on that topic, which states that criminal checks should be job-related, consistent with business necessity, and involve an "individualized assessment" of each employee's circumstances. The details of Freeman's policy, which has the stamp of approval of at least one federal judge, should therefore be of particular interest to other employers wishing to craft their own background check policies. (Of course, the fact that Freeman's policy closely tracked the EEOC Guidance was not enough for that employer to avoid a lawsuit, although presumably after the court's dismissal, the EEOC may think twice before challenging similar policies in the future.)
Regarding credit checks, even though the EEOC's Guidance simply says they should be avoided altogether, Freeman suggests they too can be valid, particularly where they are limited only to "credit sensitive" positions. Note, however, that employer use of credit checks may be limited by means other than Title VII, such as by state law. For example, an Oregon statute enacted in 2010, ORS 659A.320, prohibits the use of employee credit checks in all but the most narrow circumstances where employee credit history is "substantially job-related." (emphasis added)
The debate regarding the appropriate use of employee criminal or credit background information in hiring decisions is far from over. While Freeman may give the EEOC pause, its other enforcement activities continue, including the ongoing litigation in the BMW and Dollar General cases. (The employer in the Kaplan case won summary judgment in early 2013 on the grounds, similar to Freeman, namely that the EEOC's expert evidence failed to show a disparate impact See EEOC v. Kaplan Higher Learning Education Corp., No. 1:10 CV 2882, 2013 U.S. Dist. LEXIS 11722 (N.D. Ohio Jan. 28, 2013). Interestingly, the Kaplan case involved the same expert relied on by the EEOC in Freeman.)
As the law continues to develop in this area, employers should continue to review hiring practices to ensure they comply with applicable law, including applicable EEOC Guidance. And even when the policy is facially compliant, employers should nevertheless consider conducting regular audits of hiring data to ensure there are no statistical indicators of a disparate impact affecting a protected class under Title VII. As Freeman and other cases show, you want to be on solid ground and make sure the numbers back up your policy if the EEOC ever comes knocking.
2013 Minnesota Labor and Employment Update
Minnesota employers, take note: laws that impact you are changing this year. Not only did the Minnesota legislature recently expand the use of employee sick leave (as we blogged about here) and legalize same-sex marriage, but several other changes occurred this year that may directly impact your business. Here's a quick round up of some of the most important new laws enacted by the legislature affecting Minnesota employers.
Criminal Background Checks
Perhaps the most notable change is, beginning January 1, 2014, most Minnesota employers must change their standard employment applications and hiring practices related to use of a job applicant's criminal history. The new "ban the box" law, which refers to the check box on most employment applications asking about an applicant's criminal history, will bar private employers from asking about or considering an applicant's criminal history until (1) the applicant is selected for an interview or (2) if there is no interview, the applicant receives a conditional offer of employment. Employers who have a statutory duty to conduct criminal history investigations or otherwise consider criminal history in the employment process, such as school districts and many health and human services providers, are exempt from the new law.
When the law goes into effect, Minnesota employers who previously required all applicants to disclose criminal history will need to defer the inquiry until further into the interview process.
Deductions from Paychecks
The legislature also amended Minnesota Statutes Section 181.14 which applies to deductions from final wages of employees entrusted with money or property. The new language provides that "[n]o employer shall make any deduction, directly or indirectly, from the wages due or earned by any employee, who is not an independent contractor, for lost or stolen property, damage to property, or to recover any other claimed indebtedness running from employee to employer, except as permitted by section 181.79." The law went into effective on April 30, 2013.
Moreover, the Minnesota Supreme Court imposed another limitation on deduction from wages in the restaurant industry. In Karl v. Uptown Drink, LLC, No. A12–0166 (Minn. Aug. 14, 2013), the Court held that restaurants and bars may not deduct from employee's gratuities for bills of customers who left without paying or failed to sign credit card receipts. Bars and restaurants may also not deduct from employee's gratuities to cover register shortages.
These new laws highlight the very limited circumstances in which a Minnesota employer may make wage deductions. Employers are advised to review any wage deduction policies and seek the guidance of counsel to ensure legal compliance.
Whistleblower Protections
The Minnesota legislature also recently amended the Minnesota Whistleblower Act, which will increase the number of whistleblower claims while simultaneously making it more difficult for employers to defend against them. Generally, the Act prohibits an employer from penalizing an employee because the employee made a good faith report of a violation or suspected violation of federal or state law. Before the amendments, the Minnesota courts developed common law definitions of "good faith," "penalize," and "report," which were considered to be employer-friendly. The amended law, however, changes the meaning of these terms to make it easier to bring and prove a whistleblower claim:
- Good Faith. Under prior common law, to show that a report was made in "good faith," the employee needed to make the report with the intent to expose an illegality for the protection of a third party or the public in general. Chial v. Sprint, 569 F.3d 850, 854 (8th Cir. 2009); Freeman v. Ace Tel. Ass'n, 404 F. Supp. 2d 1127, 1140 (D. Minn. 2005). The amended statute, however, excludes the requirement that a "good faith" report be made for the benefit of someone other than the employee. To the contrary, now a "good faith" report is one that is not knowingly false or made in reckless disregard for the truth. This change will likely lead to more whistleblower claims because an employee is more likely to make a report about acts affecting him- or herself than to make a report of acts affecting others or the public at large.
- Report. Moreover, the amended statute greatly expands the definition of a statutorily-protected "report." Before the amendments, a report was protected if it brought forth a violation or suspected violation of the law. Now, under the amended statute, an employee may make a protected report of planned violations of the law, even if the act never takes place. Again, this change is likely to lead to more whistleblower claims because an employee may make a protected report of acts that never even occurred.
- Penalize. The Act has always prohibited an employer from penalizing an employee for making a protected report. Under the new amendments, however, the Minnesota legislature for the first time defines "penalize" to include "conduct that might dissuade a reasonable employee from making or supporting a report, including post-termination conduct by an employer or conduct by an employer for the benefit of a third party. Minn. Stat. 181.931 sec. 2, subd. 5. While it has always been clear that discipline or discharge could dissuade an employee from making a report, employers now need to carefully consider any planned action against a reporting employee, including changing job duties or altering any other term or condition of employment.
EEOC's Multifaceted Effort To Aggressively Target Employer Policies Potentially Having "Disparate Impact"
As many of you know, the Equal Employment Opportunity Commission (EEOC) has been on an aggressive tear of late on a broad range of issues. In addition to upping its investigations of charges of individual "disparate treatment" discrimination, it is undertaking a number of new initiatives that show a renewed focus on facially neutral employer policies that may have a (frequently unintentional) "disparate impact" on protected classes of employees. Because of the EEOC's renewed interest in disparate impact, it is prudent for employers to be thoroughly reviewing and auditing their policies and practices to ensure they are not having an unintentional disparate impact on protected categories of employees.
Below is a quick run-down of the EEOC's recent efforts on this front. These and other topics were covered recently in a Stoel Rives Labor & Employment Breakfast Briefing: "Back to School with 'Hot Topics' In Employment Law," by Stoel Rives attorneys Brenda Baumgart and Ryan Gibson, on Sept. 11, 2012 in Portland, OR.
EEOC 2012-16 Strategic Enforcement Plan Targets "Systemic" And Other Forms of Disparate Impact Discrimination
On September 4, 2012, the EEOC issued an updated version of its Strategic Enforcement Plan ("SEP") for 2012-2016, in which it highlighted its enforcement priorities now and in the coming years. In addition to highlighting education and outreach efforts, the SEP shows a strong focus on disparate impact concerns, including:
- Preventing "Systemic" Discrimination. The EEOC is targeting general practices, handbooks, online applications and similar policies that may have disparate impacts on protected classes of employees such as racial minorities, older workers, or disabled employees. Examples identified by the EEOC include "exclusionary policies and practices, the channeling/steering of individuals into specific jobs due to their status in a particular group, restrictive application processes, and the use of screening tools (e.g., pre-employment tests, background screens, date of birth screens in online applications) that adversely impact groups protected under the law."
- Protecting "vulnerable workers." The EEOC's efforts here are focused on immigrant, migrant, or seasonal employees who, due to language or other barriers may be unaware of rights or are reluctant to pursue them. Again, the EEOC is focusing largely on systemic, disparate impact concerns, such as job segregation, pay disparities, and the unintended impact of English fluency requirements for particular jobs where language skills may not really be necessary.
- "Emerging issues." A decade ago, the EEOC identified discrimination against Muslim and Arabic employees in the wake of the 9/11 attacks as an "emerging issue" in employment law. Now, EEOC has identified a number of new "emerging issues" where it has shifted its efforts. Those include enforcement of the 2009 amendments to the ADA (ADAAA) and related regulations, and the EEOC's recently recognized protections for gay or transgendered employees under Title VII. They also include another "disparate impact" concern: accommodation issues specific to pregnant employees who may be forced to take unpaid leave in lieu of (paid) accommodations—such as temporary job restructuring, reduced schedule, temporary job transfers, or light duty assignments—offered to non-pregnant employees with similar short-term health restrictions.
- Preserving Access to the Legal System. The EEOC is prioritizing investigation of retaliation charges, because they account for over 37% of all charges filed (the most common type), and because the EEOC believes retaliation amounts to a denial of justice by discouraging employees from exercising their rights. The EEOC also will focus on what it views as other "systemic" barriers to justice, including "overly broad waivers" and settlement agreements with releases that may unfairly discourage employees from exercising rights or pursuing claims.
EEOC Pilot Project To Directly Audit Employer Pay Practices Under Equal Pay Act
In mid-2012, the EEOC began a pilot program in three district offices (Phoenix, Chicago, and New York) pursuant to its authority to enforce the Equal Pay Act ("EPA"), a 1963 statute that prohibits paying female employees differently for the same work done by male employees. While gender-based pay discrepancies are also prohibited under Title VII, the EPA specifically empowers the EEOC to conduct "Directed Investigations," or audits, of employer pay practices to search for gender-based pay disparities, without having to wait for a charge to be filed as is often required for it to investigate alleged Title VII violations. This has been characterized as a fairly "radical" departure for how the EEOC conducts enforcement, and it is. While the EEOC has provided few details about how the program will work, at the very least it may simply call or show up at an employer's doorstep and request policies and information related to pay practices. If it finds that your pay practices may show a gender-based disparate impact, it may decide to take further enforcement action.
Yikes! These audits could essentially subject employers to a form of wage and hour class action against the EEOC. And who knows what else the EEOC may find as a result of its audit, including potential evidence of other "systemic" problems it may wish to investigate further.
Employers, especially in the regions where the pilot project has begun, are well advised to conduct internal audits of their pay practices to identify and remedy any unexplainable gender-based pay disparities that could be unlawful under the EPA. Practical pointer: it's often a good idea to involve your in-house or outside counsel in these internal audits to maximize the chance that any (potentially bad) findings are resolved and the process for doing so is protected by the attorney client privilege.
EEOC Guidance Limits Employer Use of Criminal Background Checks
A few months ago, the EEOC issued its long-awaited "Enforcement Guidance" document on when using criminal background checks can be unlawful under Title VII. The guidance will likely require many employers to revise their hiring policies and requirements that rely heavily on criminal background checks to screen applicants.
The EEOC's focus here is, again, the "disparate impact" that facially neutral policies may have on particular protected classes. With criminal background checks, the implicated protected class is usually race, particularly black and Hispanic men, who studies have shown are statistically and disproportionately more likely to have a criminal record than members of other races. While the EEOC recognizes that using criminal background screens are appropriate for some jobs, excessive use can have a disproportionate impact on members of certain race groups.
Under the new guidance, blanket policies barring employment because of any criminal conviction will be heavily disfavored. Instead, the EEOC directs employers to adopt "targeted screens" for particular types of jobs, and also conduct an "individualized assessment" for each applicant affected by a screen. In developing a targeted screen, the employer is to consider the actual requirements of each job and justify why convictions for specific types of offenses should bar employment in that job. Although the guidance offers few specifics, as an example it is probably appropriate to screen applicants for jobs working with children for child abuse or molestation convictions, for recent drunk or reckless driving convictions in jobs requiring operating vehicles, or for theft or embezzlement convictions in accounting positions or jobs requiring handling large amounts of cash.
In performing the individualized assessment, the employer is to look at the type, severity, date, and number of prior convictions, and any extenuating circumstances such as rehabilitation efforts or post-conviction work history, to determine whether an employee with a conviction could nevertheless be hired. Under this approach, an employer may have a difficult time justifying not hiring an applicant for a computer programming job who has worked successfully for a decade simply because he was convicted for being drunk and disorderly at a college frat party in the 1990s. Conversely, an employer may be more justified in denying employment to someone more recently convicted of violently assaulting a coworker, who violated parole, and had been fired from his last job after a short time for insubordination.
The EEOC's new guidance is technically not a fundamental departure—the EEOC first articulated its position on criminal background checks in the 1980s, and courts have long held that the use of criminal history screens (or any facially neutral policy, for that matter) can be discriminatory under a disparate impact standard. But, consistent with its renewed focus on "systemic" discrimination, the EEOC now appears to take a stronger stand that employer policies that broadly rely on using criminal history to screen out applicants will be presumed to be discriminatory, and that employers have the burden to show the screen is justified.
Employers that use criminal history to screen applicants should review such policies, with a particular eye toward identifying any "blanket" screens (e.g., we don't hire anyone with any criminal conviction ever). It may be prudent to then develop detailed written policies implementing the targeted screen and individualized assessment approach promulgated by the EEOC. Employers should also begin training managers and recruiters on the new standards.
In conclusion, it is important for employers to be aware of these areas of concern to the EEOC, and review policies or practices for potential "systemic" or "disparate impact" effects. And we will also be closely following any other new initiatives the EEOC may consider in the future.


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31 Hunting Lane, Sherborn is listed at $3.995M. It has been on the market since June, and has been reduced in price by $380K.
The contemporary style home was built in 1996, modeled after Norman architecture. It has 4 bedrooms and 4 bathrooms over 7,349 square feet and is sited on nearly 25 acres.
In Westwood, the top listing is 328 Clapboardtree Street at $3.199M. It is 7,835 square feet over 6.37 acres.
The restored antique was originally built in 1907, and has 6 bedrooms, 5 bathrooms, and 7 fireplaces. The master suite includes a dressing room, and there is space for an in-law apartment.


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Next Tuesday we're invading Philly for an evening of networking, fun, and bacchanalian pleasure. Are you coming?
Josh Zelman, Jordan Crook, Chris Velazco, and myself will be rolling into Philadelphia on Tuesday morning and we're ready to talk start-ups, tech, and all things in between. We're excited to head out to the city of brotherly love and we're also excited to announce a new sponsor, Uber, who is offering a special gift to our Philly readers.
The Philly Meetup will begin promptly at 6pm and go until 10pm, and will be held in The Fieldhouse on June 19. If you'd like to RSVP, head on over to our Plancast page. Specific questions can be directed to firstname.lastname@example.com. Oh, and if you want to tweet us, it's @johnbiggs and @jordanrcrook.
We're also holding Office Hours earlier on in the day, around high noon, although the official reservations are already closed. Still, it wouldn't be the first time we met up with some eager, yet unannounced startups at an Office Hours session, so feel free to stop on by the Caribou Cafe around then and we'll try to squeeze everyone in.
Special thanks to our excellent sponsors who helped get this thing off the ground as well as Anthony Coombs who was our ears on the ground. We'll also be hunting for Disrupt Battlefield companies, so get your pitch down cold.
If you would like to volunteer to help at the event, please email jordan @ techcrunch.com with the subject line "VOLUNTEER PHILLY." We need people to hang out at the door and help with signage, etc.
Uber would like to help you get too and from the event so if you enter the coupon code TechCrunchPhilly before requesting a ride you'll get 20% off of 2 trips.
appRenaissanceLocated in the heart of Old City Philadelphia, appRenaissance is a developer of inspired, handcrafted mobile applications and an inventor of ingenious mobile application tools and infrastructure. Our products include the revolutionary Unifeed™ Mobile Middleware™ platform that dramatically speeds mobile application development time, simplifies integration with enterprise services, and reduces ongoing maintenance costs. Our clients hail from industries as diverse as music and entertainment to retail sales and mortgage insurance. For more information, please visit www.apprenaissance.com.


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MILAN (Reuters) – The ravages from half a century of intensive farming must give way to a more sustainable approach if farmers are to feed the world in 2050, the United Nations' Food and Agriculture Organization (FAO) said on Monday. Global farm output must increase 70 percent, including a nearly…
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By Katie Halper
By TBogg
By Roy Greenslade, The Guardian
By The Conversation
Raw Story is a progressive news site that focuses on stories often ignored in the mainstream media. While giving coverage to the big stories of the day, we also bring our readers' attention to policy, politics, legal and human rights stories that get ignored in an infotainment culture driven solely by pageviews.
Founded in 2004, Raw Story reaches 9 million unique readers per month and serves more than 30 million pageviews.
Copyright © 2004-2013 Raw Story Media, Inc. All rights reserved.


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Tagged Questions
252 views
What words are used to express the sincerity when texting your friends in festival period,such as the Spring Festival?
In the Chinese New Year period, many people will send text messages to their friends on the phone(via the SMS). I will also do that. When writing English letters, you may use "Yours," or "Sincerely," ...


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Some lucky person might be half a billion dollars richer.
The winning numbers are 5, 23, 16, 22, 29, 6.
The Powerball lottery drawing took place Wednesday night at 9:59 p.m. CST.
Ticket sales closed in Illinois at 9 p.m.
Watch the drawing that took place live on Powerball's YouTube channel or on TV stations that featured the live drawing.
Each Powerball ticket cost $2. Players choose five numbers plus a sixth Powerball number. Players matching all six numbers can select an annuitized amount paid out over 29 years or a lump sum payment.
ABC News reports lottery officials expected to sell more than 105,000 tickets every minute before the drawing. Despite the long odds for the big jackpot, the overall odds of winning a prize were considerably better at 1 in 55.
Tickets were selling at a rate of 130,000 a minute nationwide, according to CBS News.
Since the last drawing on Nov. 24, the Powerball jackpot has grown by over $100 million to a record $550 million. The estimated cash payout is $360.2 million. The last set of winning numbers was drawn on Oct. 16.
What would you do with $550 million? Let us know in the comments.


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Eddie Lacy and Jordy Nelson become the first Packers to make the 2014 NFL Top 100 list.
The Green Bay Packers will only have two healthy wide receivers if Randall Cobb can't return to the game against the Baltimore Ravens.
Given the Packers' current lack of depth at wide receiver, James Jones' injury could be a bit of a problem.
Don't get your hopes up about Eddie Lacy playing against the Bengals, but at least be happy that he's doing well enough that the Packers haven't declared him out.
For at least one more season, Sam Shields will be playing with the Green Bay Packers.
The Green Bay Packers have signed Aaron Rodgers to a contract extension. He will likely become the highest paid player in NFL history.
Well, this is surprising.
The real 'offseason' part of the offseason was short.
NFL.com reports that the QB and his team are getting close in their negotiations for an extension.
The Packers and Aaron Rodgers are getting closer to a deal. The only questions now are when the deal gets done and how much will it be worth.
A couple of reports indicate that A.J. Hawk has taken a slight pay cut to ensure his future with the Packers.
One of the Packers' best special teams players will return.
Tramon Williams has admitted that his shoulder is still bothering him from his 2011 injury. Is it time for the Packers to move on given the long term nature of the injury?
Reports confirm that the Packers will not be placing the franchise tag on wideout Greg Jennings, meaning he will get the chance to test free agency for the first time.
Now that Johnny Jolly has been cleared to return to football, the question remains about whether or not Ted Thompson and the Packers should bring him back since they retain his restricted free...
A source claims that the Packers are still thinking about placing the franchise tag on wideout Greg Jennings.
A few hours after Ted Thompson's press conference, Mike McCarthy spoke to the media
Before everyone gets up in arms about prices going up at Lambeau, please remember how awesome the experience is at Packers games and how much that's actually worth to you.
Following Charles Woodson's tweet earlier in the day, the Green Bay Packers confirmed that the veteran defensive back has been released.
It's not official yet, but the Packers great looks to be on his way out.
Congratulations to former Packer linebacker Dave Robinson on being elected to the Pro Football Hall of Fame. Robinson will be the 22nd enshrined in the Hall and the 11th individual from the...
Green Bay Packers center Jeff Saturday won't be returning, to the Pack or any team.
Get ready to see your favorite pass-rushing outside linebacker in a suit. Clay Matthews is going to be a part of Super Bowl pregame TV coverage.
This summer, the Packers Hall of Fame adds two more members.
Tom Clements interviewed for the Chicago Bears' head coaching job, which he didn't get, and he'll probably remain in Green Bay.
During his Tuesday press conference, Mike McCarthy was asked about the job status of Dom Capers. He didn't take that question well, and Twitter didn't take his answer well.
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Colin Hall: man charged with manslaughter
A man has been charged over the death of a pensioner who was attacked in his own home. Colin Hall, who was 76, died in hospital after the incident at Cornerpin Driver, Kirkby-in-Ashfield, near Mansfield. It is thought the attack happened as a result of a botched robbery.
Nottinghamshire Police have charged 39-year-old Scott Kennedy with manslaughter in connection with the death. Kennedy, of Hill View Road, Kirkby-in-Ashfield, is also charged with attempted robbery and a firearms offence.
A 33-year-old man who was arrested in connection with the death has been bailed pending further inquiries, a force spokeswoman said. Two other men arrested earlier as part of the investigation were released without charge last week.


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Sporting Kansas City went into Friday night's massive clash with the Chicago Fire looking to prove that they were the best team in the Eastern Conference and that is exactly what they did. Graham Zusi notched a brace in a 2-0 Sporting win that didn't just vault the home side five points clear of their nearest challenger in the East, but also clinched them a playoff spot.
The over-capacity crowd of 21,010 at Livestrong Sporting Park had the stadium rocking before kick, but it was the Fire who came out of the gates fast. In fact, they would have gone ahead early on if Chris Rolfe had been able to finish a beautiful Chicago move.
But Rolfe missed and by the 11th minute the Fire were behind. A gorgeous first touch and turn by Kei Kamara freed him down the right and put the Chicago defense in trouble. Kamara worked into the attacking third before crossing for Zusi, who was coming across at full speed from the left. Still, Zusi was able to find the net with his first touch, curling the ball past Sean Johnson with a gorgeous finish that he made look much easier than it was.
Sporting didn't take their foot off the pedal just because they were up a goal either. They pressured Chicago high up the field and completely took the Fire out of their game. The visitors couldn't do anything with the ball and looked slow in everything they did.
It wasn't as if Kansas City was especially good going forward. They had their chances and did force Johnson into one excellent save that he pushed off of the crossbar, but the ingenuity in the final third wasn't there.
After the hour mark, it looked like SKC's inability to create chances might bite them. They expended so much energy trying to pressure defensively that they tired and Chicago started to get into the match. The Fire got more of the ball and began to get opportunities to even out the match some.
But Chicago's chances of a comeback disappeared in stoppage time when Gonzalo Segares was sent off for his second yellow card. A minute later, Zusi added his second goal and Sporting were going to the playoffs.