text:
Core v. Champaign County Board of County Commissioners
Filing 51
DECISION AND ENTRY GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docs. 42 , 48 ). Signed by Judge Timothy S. Black on 10/17/2012. (mr1)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION PAMELA CORE, : Case No. 3:11-cv-166 : Plaintiff, : Judge Timothy S. Black : vs. : : CHAMPAIGN COUNTY BOARD : OF COUNTY COMMISSIONERS, : : Defendant. : _________________________________________________________________ DECISION AND ENTRY GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docs. 42, 48) _________________________________________________________________ This civil case is before the Court on the Motion for Summary Judgment filed by Defendant the Champaign County Board of County Commissioners. (Doc. 48).1 Plaintiff Pamela Core filed a Memorandum in Opposition. (Doc. 49). Defendant then filed a Reply Memorandum. Defendant's Motion is now ripe for consideration and determination by the Court. I. ALLEGATIONS Plaintiff Pamela Core asserts claims against Defendant under the Americans with Disabilities Act ("ADA") and also asserts a disability claim under Ohio law. (Doc. 22). Plaintiff alleges that she suffers from asthma and a severe chemical sensitivity to certain 1 Defendant originally filed a Motion for Summary Judgment on July 13, 2012 (Doc. 42), but subsequently filed an Amended Motion (Doc. 48) which essentially reduced the total pages in an effort to comply with the page limitation set forth in Local Rule 7.2(a)(3). For purposes of this Order, the Court refers to both the original Motion and the Amended Motion as a single Motion. perfumes and other scented products, and is, therefore, substantially limited in the major life activity of breathing. (Doc. 22, PAGEID 151, 154). II. FACTS 2 Champaign County Department of Jobs and Family Services ("DJFS") is responsible for administering programs involving employment and training services as well as other social services for adults and children of Champaign County, Ohio. DJFS employs approximately 48 employees. DJFS hired Plaintiff in February 2003 to the position of Social Service Worker I ("SSWI"), a position she occupied throughout her employment with DFJS. Plaintiff ceased physically reporting to DJFS on March 31, 2010, and has not performed any job functions for DJFS since that date. DJFS maintains a written job description for the position of SSWI, which accurately depicts many, but not all, of the job functions performed by Plaintiff in the course of her employment. Essential functions of Plaintiff's SSWI position include: (1) conducting onsite inspections of childcare facilities to ensure compliance with state standards; (2) interacting with non-employee clients and children relative to DJFS services; (3) attending and conduct trainings; (4) interacting with clients, the public, and employees both on and off the work site; (5) being subject to necessary direct supervision; and (6) performing in-house client interviews. 2 Pursuant to the Standing Order of the Court, Defendant filed a Proposed Statement of Undisputed Facts. (Doc. 49, PAGEID 2089-2092). Plaintiff responded to the Proposed Statement of Undisputed Facts by admitting the substance of the Facts stated here. (Doc. 49, PAGEID 2110-2111). -2- DJFS is open to the public and maintains office space within a common structure housing several different agencies and organizations. Visitors and employees enter and exit DJFS unannounced on a daily basis. DJFS cannot provide Plaintiff a work environment entirely free of chemicals, perfumes and/or other allergens. Plaintiff's primary healthcare provider, Nurse Practitioner Rutan ("Nurse Rutan"), informed DJFS that Plaintiff can only work in an environment "free of perfume." Plaintiff's treating physician informed DJFS that Plaintiff can only work in an environment "without fumes she is allergic to." At all times relevant to this matter, Plaintiff sells jewelry at craft shows open to the public. At craft shows, Plaintiff sells jewelry out of a vendor's booth measuring ten feet by ten feet. Plaintiff has never notified craft show attendees of her alleged disability. Plaintiff's alleged disability does not prevent her from shopping at malls, eating at restaurants, shopping at grocery stores, banking at banks, wearing perfume, attending college classes, or walking around the neighborhood. On March 11, 2010, DJFS notified all staff via email providing "requests/recommendations" to prevent Plaintiff from being exposed to perfumes/fragrances. Plaintiff applied for leave from work under the Family Medical Leave Act ("FMLA") on or about June 30, 2010, which DJFS approved. On or about April 7, 2010, DJFS offered to permit Plaintiff to work "shorter work day hours, [and to have] her own office and private bathroom facilities," to which Plaintiff did not respond. -3- Plaintiff exhausted her FMLA leave entitlement in September 2010. DJFS placed Plaintiff on inactive pay status in September 2010. On or about December 8, 2010, DJFS offered to permit Plaintiff to return to work with the use of an inhaler and with breaks to go outside into the fresh air, an offer Plaintiff rejected. On or about January 7, 2011, DJFS offered to instruct staff to "refrain from wearing Japanese Cherry Blossom perfume while at work," an offer Plaintiff rejected. On or about February 3, 2011, DJFS offered to post a notice in conspicuous locations throughout the agency requesting that individuals refrain from wearing Japanese Cherry Blossom perfume, an offer Plaintiff rejected. On or about February 21, 2011, DJFS placed Plaintiff on involuntary disability separation. To date, Plaintiff has not applied for reinstatement from her involuntary disability separation. III. STANDARD OF REVIEW A motion for summary judgment should be granted if the evidence submitted to the Court demonstrates that there is no genuine issue as to any material fact and that the movant is entitled to summary judgment as a matter of law. Fed. R. Civ. P. 56; see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986). "Summary judgment is only appropriate 'if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a -4- judgment as a matter of law.'" Keweenaw Bay Indian Comm. v. Rising, 477 F.3d 881, 886 (6th Cir. 2007) (quoting Fed. R. Civ. P. 56(c)). "Weighing of the evidence or making credibility determinations are prohibited at summary judgment - rather, all facts must be viewed in the light most favorable to the non-moving party." Id. Once "a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading[.]" Viergutz v. Lucent Technologies, Inc., 375 Fed. Appx. 482, 485 (6th Cir. 2010) (citing Fed. R. Civ. P. 56(e)(2)). Instead, the party opposing summary judgment "must - by affidavits or as otherwise provided in this rule - set out specific facts showing a genuine issue for trial." Id. (citing Fed. R. Civ. P. 56(e)(2)). IV. ANALYSIS Defendant moves for summary judgment arguing: (A) that Plaintiff fails to prove a disability under the Americans with Disabilities Act ("ADA"); (B) Plaintiff is not other wise qualified for the position in which she was employed; (C) Plaintiff cannot be considered otherwise qualified for the position she was employed because she rejected good faith offers of accommodation; (D) Plaintiff fails to identify a reasonable and effective accommodation; and (E) Plaintiff suffered no adverse employment action. Under the ADA, employers are required to reasonably accommodate disabled individuals, unless the accommodation imposes an undue hardship. 42 U.S.C. § 12112(b)(5). Failure to reasonably accommodate an employee with a disability is -5- unlawful discrimination under the ADA. Id.; Hoskins v. Oakland County Sheriff's Dep't., 227 F.3d 719, 724 (6th Cir. 2000). "In order to establish a prima facie of disability discrimination under the ADA for failure to accommodate, a plaintiff must show that: (1) [he or] she is disabled within the meaning of the Act; (2) [he or] she is otherwise qualified for the position, with or without reasonable accommodation; (3) [his or] her employer knew or had reason to know about her disability; (4) [he or] she requested an accommodation; and (5) the employer failed to provide the necessary accommodation." Myers v. Cuyahoga County, Ohio, 182 Fed. Appx. 510 (6th Cir. 2006) (citing DiCarlo v. Potter, 358 F.3d 408, 420 (6th Cir. 2004)). A. Whether Plaintiff is Disabled Defendant first contends that Plaintiff cannot prove a disability entitled to protection under the ADA because Plaintiff is not substantially limited in the major life activity of breathing. The term "'[d]isability' means, with respect to an individual - - a physical or mental impairment that substantially limits one or more major life activities of such individual[.]" 42 U.S.C. § 12102(1). Plaintiff alleges in her Amended Complaint that she is substantially limited in her ability to breathe. Breathing is a major life activity recognized in 42 U.S.C. § 12102(2)(A). Accordingly, Plaintiff is disabled if she can show that she is substantially limited in her ability to breathe. Prior to May 24, 2011, the term "substantially limits" was defined in the Code of Federal Regulations as "[s]ignificantly restricted as to the condition, manner or duration -6- under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity." 29 C.F.R. § 1630.2(j)(1)(ii).3 The regulations effective before to May 24, 2011, set forth three factors to be considered "in determining whether an individual is substantially limited in a major life activity[,]" namely, "(i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment." 29 C.F.R. § 1630.2(j)(2). Here, Defendant argues that Plaintiff is not substantially limited in the major life activity of breathing because her purported asthma is triggered by a single irritant, one she predominately encountered only in the workplace. Defendant argues that Plaintiff's reaction to the scent of Japanese Cherry Blossom has little impact on her daily activities of life. Plaintiff walks regularly in her neighborhood, shops, makes jewelry, and attends trade shows to sell her jewelry, and performs other activities of daily living all without breathing difficulties resulting from her asthma. The Court notes that Plaintiff recalls less than five encounters with Japanese Cherry Blossom outside of DJFS facility over a three year period. In fact, in April 2012, Plaintiff could not recall her last exposure, noting only 3 Plaintiff identifies the standard applicable in this case in determining whether her impairment substantially limits her ability to breathe as the "average person" standard. 29 C.F.R. § 1630.2(j)(1)(ii), effective post-May 24, 2011, provides that "[a]n impairment is a disability within the meaning of this section if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting." 29 C.F.R. § 1630.2(j)(1)(ii). -7- that "[i]t's been awhile." (Doc. 35, PAGEID 601). Plaintiff's response on the issue of whether she is disabled focuses little on her asthma and significantly on "anxiety and depression" resulting from DJFS's alleged failure to respond to her complaints about Japanese Cherry Blossom in the workplace. Plaintiff does not point to evidence showing that depression and anxiety impacted the major life activity of breathing, or any other major life activity. The suggestion that Plaintiff was bullied in the workplace because of her sensitivities to Japanese Cherry Blossom is insufficient to establish a disability, at least in the absence of evidence that the resulting depression and anxiety substantially limited a major life activity. Plaintiff makes no such showing in this case. With regard to asthma, Plaintiff simply points to her asthma diagnosis and a single trip to the emergency room. Plaintiff does not point to any evidence demonstrating the actual impact Plaintiff's asthma has (or had) on her overall ability to breathe. Under the ADA effective prior to January 1, 2009, courts recognized that "[a]sthma can, in some cases, qualify as a disability[.]" Boker v. Sec. Dept of Treasury, No. 1:07-cv-446, 2009 WL 3199074, *5 (S.D. Ohio Sept. 29, 2009). However, under the ADA prior to January 1, 2009, simply "[s]uffering from asthma does not constitute a per se substantial limitation on the major life activity of breathing[.]" Id. Instead, asthma typically arose to the level of a disability in instances where "plaintiff has a long history of asthmatic attacks and endures numerous and severe -8- restrictions on daily activities as a result of the condition." Id. If a person "suffer[ed] asthma attacks only in response to particular stimuli and [was] able to engage in almost all normal life activities, courts [were] . . . less likely to conclude that the plaintiff is substantially limited in the major life activity of breathing." Id. Based on Boker, the Court concludes that, under the ADA applicable prior to January 1, 2009, Plaintiff was not disabled because she was not substantially limited in the major life activity of breathing. Plaintiff's history of exposure to Japanese Cherry Blossom prior to January 1, 2009 predominately occurred within the DJFS facility4 and occurred approximately once a week or every other week. When exposed, Plaintiff suffered from difficulty breathing,5 though Plaintiff fails to point to evidence regarding the severity or duration of these symptoms aside from a single trip to the emergency room. Outside of the DJFS facility, Plaintiff rarely encountered Japanese Cherry Blossom and was able to perform all activities, including regular walks in her neighborhood, all without breathing difficulty. The Court notes, however, that the analysis is Boker, which involved conduct 4 The Court focuses solely on Plaintiff's reaction to Japanese Cherry Blossom because, during her deposition, Plaintiff testified that her exposure to other fragrances generally resulted in headaches, nausea, coughing, a runny nose and sinus congestion. Plaintiff points to no evidence that her exposure to any other fragrance results in more than a minimal impact on Plaintiff's ability to breathe. 5 Plaintiff also notes suffering from headaches, nausea and coughing, but it is not clear whether headaches or nausea affected Plaintiff's breathing. As noted by one court in a case where plaintiff suffered from "headaches, sinus trouble, watery eyes, shortness of breath, tightening of the chest, and nausea" upon exposure to certain fragrances: "a majority of the symptoms of which she complains are wholly unrelated to her breathing." Franks v. Central Garden & Pet Co., No. 3:06-CV-68(CDL), 2007 WL 2320624, *4 n5 (M.D. Ga. Aug. 10, 2007). -9- occurring before January 1, 2009, may be impacted in this case because the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA"), effective January 1, 2009, provides that the term "disability" should be construed broadly. 42 U.S.C. § 12102(4)(A). Notably, the Sixth Circuit concludes that "the ADAAA does not apply to pre-amendment conduct[.]" Jones v. Nissan North America, Inc., 438 Fed.Appx. 388, 387 n.9 (6th Cir. 2011) (citing Milholland v. Sumner Cnty. Bd. of Educ., 569 F.3d 562, 567 (6th Cir.2009)). Under the ADAAA, "[a]n impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active." 42 U.S.C. § 12102(4)(C). Further, under the ADAAA, "[a]n impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability." 42 U.S.C. § 12102(4)(C). In addition, when determining "whether an impairment substantially limits a major life activity[,]" medications and accommodations are not considered. 42 U.S.C. § 12102(4)(E). Here, there is no genuine issue of material fact that Plaintiff is not disabled as that term was construed prior to January 1, 2009, i.e., before the effective date of the ADAAA. Moreover, even if the Court were to conclude, under the broad construction required by the ADAAA, that a genuine issue of material fact exists at to whether Plaintiff is disabled, summary judgment is proper for other reasons set forth below. -10- B. Reasonableness of Plaintiff's Proposed Accommodations Even assuming Plaintiff is disabled, Defendant argues that Plaintiff's claim must fail because she fails to show that her requested accommodations are reasonable. Under the ADA, plaintiffs bear "'the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable.'" Steward v. New Chrysler, 415 F. App'x 632, 642 (6th Cir. 2011) (citing Johnson v. Cleveland City Sch. Dist., 344 F. App'x 104 (6th Cir.2009); Kleiber v. Honda of Am. Mfg., Inc., 485 F.3d 862 (6th Cir.2007)). "In order for an accommodation to be reasonable, it should be necessary in light of the plaintiff's known physical limitations." Johnson, 344 F. App'x at 111 (citing Nance v. Goodyear Tire & Rubber Co., 527 F.3d 539 (6th Cir.2008)). A court properly grants summary judgment on a reasonable accommodation claim where a plaintiff fails to show that requested accommodations are reasonable. Cassidy v. Detroit Edison Co., 138 F.3d 629, 635 (6th Cir. 1998). Here, Plaintiff argues that working from home or, alternatively, a fragrance-free workplace are reasonable accommodation requests. With regard to Plaintiff's request to work from home as an accommodation, the Sixth Circuit has agreed with the general proposition that an employer is not required "to allow disabled workers to work at home, where their productivity inevitably would be greatly reduced." Smith v. Ameritech, 129 F.3d 857, 867 (6th Cir. 1997) (citing Vande Zande v. Wisconsin, 44 F.3d 538 (7th Cir.1995)). The Sixth Circuit also recognizes, however, the possibility of exceptions to -11- the general rule "'in the unusual case where an employee can effectively perform all work-related duties at home [.]'" Id. (citations omitted). Here, Defendant points to evidence that Plaintiff's position at the DJFS required her to meet with non-employee clients regarding services, inspect and certify in-home daycare facilities, conduct and attend training sessions, input data into a state database only accessible at the DJFS facility,6 and maintain physical files that are to be restricted to the DJFS facility. Defendant also points to Plaintiff's own admissions that she cannot perform all of the essential functions of her position at home. Plaintiff points to no evidence rebutting these facts. Accordingly, the Court finds that the requested accommodation that Plaintiff be permitted to work from home is not reasonable. Next, Plaintiff requested, as an accommodation, that DJFS institute a fragrancefree workplace "policy" by requesting that employees "refrain from wearing scented products, including but not limited to, colognes, after-shave lotions, perfumes, deodorants, body-face lotions, hair sprays, or similar products" in the workplace. A reasonable jury could not conclude that the full extent of this requested accommodation is reasonable for a number of reasons. First, while Plaintiff states that she experiences difficulty breathing upon being exposed to Japanese Cherry Blossom, she points to no evidence of significant breathing 6 Plaintiff contends that there is no testimony that the state database is accessible only at the DJFS facility. (Doc. 49, PAGEID 2111). However, an affidavit of Sue Bailey-Evans, Director of the DJFS, states just that. (Doc. 42-1, PAGEID 1699). -12- difficulties upon exposure to any other fragrance and points to no evidence of breathing problems when encountering any other fragrances in the workplace. In fact, Plaintiff herself wears certain perfume. While Plaintiff testified that she experiences adverse symptoms when exposed to a limited number of other fragrances, these symptoms were limited to brief periods of headaches, stuffy nose, coughing, sinus congestion and nausea, i.e., symptoms not significantly limiting Plaintiff's ability to breathe. See Franks, 2007 WL 2320624, *4 n5. Thus, there is no need for a broad fragrance-free workplace encompassing the entire spectrum of products and scents when Plaintiff evidences difficulty breathing only upon exposure to a single scent, namely Japanese Cherry Blossom. Again, "[i]n order for an accommodation to be reasonable, it should be necessary in light of the plaintiff's known physical limitations." Johnson, 344 F. App'x at 111 (emphasis added) (citing Nance, 527 F.3d 539). The only breathing limitation evidenced by Plaintiff is difficulty occurring only upon exposure to Japanese Cherry Blossom. Second, the Sixth Circuit has found that a fragrance-free workplace is objectively unreasonable. See Montenez-Denman v. Slater, 208 F.3d 214, 2000 WL 263279 (6th Cir. Mar. 1, 2000). The court in Montenez-Denman adopted the reasoning set forth by the district court, which stated that: a "fragrance-free" work environment still purports to require her employer to engage in the undue burden of establishing and enforcing a prohibition against "scents." This imposes an obligation on her employer to prohibit plaintiff's co-workers and those who -13- occasionally come into the office of their right to wear "scents," to engage in the burdensome and unseemly task of enforcing such a prohibition and to identify and rid plaintiff's workplace of many other common, scent producing agents such as cleaning supplies. Id. at *2. This Court also recognizes the burden that such a broad policy would have on individual employees who would have to alter all of their personal habits to ensure that all products of daily-living, i.e., deodorant, lotions, hair products, etc., used in their private homes before coming into the workplace, are fragrant-free. As noted by other courts, "[t]here is nothing in the Act to suggest that the non-disabled population was expected to give up or substantially alter their lifestyle." McDonald v. Potter, No. 1:06-cv-1, 2007 WL 2300332, *43 (E.D. Tenn. Aug. 7, 2007) (citing Kaufman v. GMAC Mortgage Corp., No. 04-CV-5671, 2006 WL 1371185 (E.D. Pa. May 17, 2006)). Third, despite all of the numerous alleged exposures to Japanese Cherry Blossom in the workplace for over a two year period of time, Plaintiff states that she "demonstrated the ability to perform the essential functions of her job with no accommodation." (Doc. 49, PAGEID 2103). Plaintiff's admission in this respect is bolstered by the admission of Sue Bailey-Evans, Director of the DJFS, who testified that, "as far as a worker and getting the job done, [Plaintiff] was excellent. She does very good work." The aforementioned testimony is the only portion of the record referenced by either party regarding Plaintiff's actual ability to do her job. -14- "[W]here Plaintiff is able to perform the job without accommodation, plaintiff cannot demonstrate the objective reasonableness of any desired accommodation." Black v. Wayne Center, 225 F.3d 658, 2000 WL 1033026, *3 (6th Cir. Jul. 17, 2000) (emphasis added). Such holding is consistent with the definition of "reasonable accommodation," which includes "[m]odifications or adjustments to the work environment . . . that enable an individual with a disability who is qualified to perform the essential functions of that position[.]" At the very least, "[a]n employee's ability to perform all essential job functions without accommodation is a factor weighing against the reasonableness of an accommodation[.]" Nawrot v. CPC Int'l, 259 F.Supp.2d 716, 725 (N.D. Ill. 2003). Accordingly, Plaintiff fails to show that the broad request for a totally fragrance-free workplace is a reasonable accommodation. Based on all of the foregoing, the Court concludes that Plaintiff fails to satisfy her burden of demonstrating that the accommodations she requested are reasonable. C. Reasonableness of DJFS's Proposed Accommodations Defendant also argues that Plaintiff's claims should be denied because Plaintiff rejected reasonable accommodations offered by DJFS. Insofar as Plaintiff suggests that an accommodation is required to enable her to perform the essential functions of her job, a "plaintiff's refusal to accept available reasonable accommodations precludes her from arguing that other accommodations should also have been provided." Hankins v. The Gap, Inc., 84 F.3d 797, 802 (6th Cir. 1996). -15- Aside from DJFS's rejection of Plaintiff's unreasonable accommodation requests to work from home or for a fragrance-free workplace, DJFS ultimately offered every other accommodation Plaintiff requested, i.e., advising staff of Plaintiff's reaction to Japanese Cherry Blossom and offering to request that employees refrain from wearing Japanese Cherry Blossom. In fact, DJFS ultimately proposed all of the following specific accommodations: allowing Plaintiff to work shorter work days; allowing Plaintiff to have her own office and her own bathroom facilities; allowing Plaintiff to have and use an inhaler at work; allowing Plaintiff to exit the building as needed; considering any other accommodation recommended by a pulmonologist that examined Plaintiff; considering any recommendations based upon results of a methacholine challenge and/or provocation challenge; emailing all DJFS staff a memorandum stating: As an agency we strive to be sensitive to employees who may have perfume and chemical sensitivities. Employees who are sensitive to perfumes and chemicals may suffer potentially serious health consequences. In order to accommodate employees with known or believed perfume and/or chemical sensitivities, the Champaign County Department of Job and Family Services requests that you refrain from wearing Japanese Cherry Blossom perfume while at work. The agency thanks you for your cooperation[;] and posting the above memorandum in conspicuous locations within the DJFS facility. Plaintiff admittedly failed to respond to DJFS's offer to allow Plaintiff to work shorter work days and to allow Plaintiff to have her own office and her own bathroom facilities. Plaintiff rejected all of the other offered accommodations. -16- Plaintiff rejected DJFS's offer to email and post a memorandum requesting that employees refrain from wearing Japanese Cherry Blossom because the offered accommodation did not encompass all fragrances and because the offered accommodation provided no enforcement mechanism. With regard to the suggestion that the offered accommodation was too narrow because it did not encompass all fragrances, as noted above, such a broad workplace policy encompassing all fragrances is unreasonable based on the record in this case, which shows only that Plaintiff experiences significant breathing limitations only when exposed to Japanese Cherry Blossom and no other fragrance. With regard to the contention that DJFS's proposed accommodation is unreasonable because it was a mere request set forth in a memorandum rather than a "policy," the Court first notes that the specific language proposed by Plaintiff as a policy simply "requests that [employees] refrain from wearing scented products[.]" 7 Thus, Plaintiff's requested "policy" is nothing more than a mere request, not an absolute prohibition. Further, with regard to enforcement through disciplinary measures, an exhibit referenced repeatedly by Plaintiff shows that employees are already subject to discipline via the employee handbook for "[c]onduct violating . . . common decency" or for the 7 Plaintiff, in her Memorandum in Opposition, also characterized the request as "a formal workplace policy . . . that encouraged employees to refrain from wearing strong scents." (Doc. 49, PAGEID 2098). -17- "discourteous treatment of others."8 Certainly, disciplining employees for ignoring a specific DJFS request to refrain from wearing a single particular perfume in an effort to accommodate employees with documented allergies, asthma or chemical sensitivities, and to avoid potentially serious health consequences to those employees, would be proper under written policies already in place at the DJFS regarding "common decency" and/or "discourteous treatment of others." Thus, based on all of the foregoing, no reasonable jury could find any substantive difference between the "request" offered by DJFS and a "policy" codifying a request. See Muray v. Dawn Foods, Inc., No. 09-cv-12160, 2010 WL 4063731, *4 (E.D. Mich. Oct. 14, 2010) (stating that "a claim that an employer failed to 'reasonably accommodate' a disabled person cannot be based solely on minor differences between requested accommodations and provided accommodations"). Further, no reasonable jury could conclude that the accommodations proposed by DJFS were unreasonable. DJFS offered to request staff not to wear Japanese Cherry Blossom, an accommodation specifically requested by Plaintiff initially, and Plaintiff failed to show that any other fragrance significantly affected her ability to breathe. In addition, the evidence in the record, including Plaintiff's own admission, shows that 8 Plaintiff suggests that Bailey-Evans admitted that there is no enforcement mechanism behind the proposed posted sign or the proposed email. However, a review of Bailey-Evans's testimony does not support Plaintiff's characterization. Bailey-Evans simply testified that she was not sure whether she could enforce the request through disciplinary measures, but acknowledged that "doing things that you know can cause harmful reactions" to others may violate the "common decency" or "discourteous treatment" provisions of the policy already in place, depending upon the circumstances. -18- Plaintiff was able to perform all essential functions of her position for two years without any accommodation despite frequent exposure to the offending perfume. Accordingly, summary judgment is proper because Plaintiff rejected reasonable accommodations offered by DJFS. D. DJFS's Participation in the Interactive Process Finally, Plaintiff argues that DJFS failed to engage in the interactive process in good faith. "Once a qualified individual with a disability has requested provision of a reasonable accommodation, the employer must make a reasonable effort to determine the appropriate accommodation." Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042, 1046 (6th Cir. 1998) (citing 29 C.F.R. pt. 1630 App. § 1630.9). "To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the individual with a disability in need of the accommodation." 29 C.F.R. § 1630.2(o)(3). The interactive "process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations." Id. Here, the crux of Plaintiff's argument in this regard is that she first reported breathing difficulties resulting from exposure to perfume in February 2008, and that she requested accommodations at that time without any response for approximately two years. In other words, Plaintiff argues that DJFS ignored Plaintiff's February 2008 requests "for more than two years, which resulted in the incident in February, 2010." As set forth -19- above, however, Plaintiff was not "disabled" under the terms of the ADA as it existed prior to enactment of the ADAAA, effective January 1, 2009. Accordingly, prior to January 1, 2009, DJFS was not required to provide any accommodations to Plaintiff. Even following the effective date of the ADAAA, the first requested accommodation by Plaintiff was via Nurse Rutan on February 12, 2010, following Plaintiff's emergency room treatment. Nurse Rutan suggested that Plaintiff's "coworkers be advised" of Plaintiff's reaction to Japanese Cherry Blossom. (Doc. 38-1, PAGEID 1533). Thereafter, DJFS began a dialogue with Nurse Rutan seeking additional information about the requested accommodation. "When the need for an accommodation is not obvious, an employer, before providing a reasonable accommodation, may require that the individual with a disability provide documentation of the need for accommodation." 29 C.F.R. pt. 1630 App. § 1630.9. On March 2, 2010, following DJFS's request for documentation to confirm the need for the requested accommodation, Nurse Rutan responded that "[m]inimizing and limiting her allergic responses are the best recommendations that [she] can provide[,]" and suggesting that the work environment "can be controlled simply by requesting all staff to avoid some of those major triggers for [Plaintiff] out of respect." (Doc. 38-1, PAGEID 1537). On March 11, 2010, Bailey-Evans acted upon Nurse Rutan's recommendations. -20- On that date, after collaborating directly with Plaintiff,9 Bailey-Evans sent an email to staff informing them of Plaintiff's reaction to Japanese Cherry Blossom and requesting that they limit coming into contact with Plaintiff in the office unless that contact occurred in well ventilated areas. (Doc. 36, PAGEID 1072).10 Plaintiff's suggestion that she takes 9 See Kleiber v. Honda of Am. Mfg., Inc., 485 F.3d 862, 871 (6th Cir. 2007) (stating that the interactive process "is designed to encourage direct participation on behalf of both the employee and the employer" rather than through proxies or other representatives). 10 Plaintiff cites this portion of Bailey-Evans' deposition for the proposition that "[d]espite a request by Ms. Core that the staff be asked to cease wearing Perfume, Ms. Bailey-Evans again refused to make that simple request." (Doc. 49, PAGEID 2097) (citing Bailey-Evans Deposition, at 61). A review of that testimony, however, does not support such a factual contention, and, instead, supports the contention that isolating Plaintiff to the extent explained was based upon a collaboration with Plaintiff and would eliminate Plaintiff's exposure to all scents to which she purportedly suffered adverse reactions. In full, Bailey-Evans's cited testimony with regard to the March 11, 2010 email is as follows: Q. You felt this was an adequate response that would help the problem? A. As Ms. Core and I had discussed prior to sending this e-mail out, yes. Q. So this was based on Ms. Core's recommendation, not your own? A. This was based on a conversation between Ms. Core and I. Q. So Ms. Core never asked you in the e-mail to specifically ask people to refrain from wearing Japanese Cherry Blossom? A. She probably did during the conversation; but as we talked about the concerns that she has identified, there were other triggers in the Agency, that removing Japanese Cherry Blossom was not going to provide a safe environment for her. Q. That's what she said to you, or that's what you concluded? A. She and I had that conversation together at the same time, and that's why I was not going to request them not to wear Japanese Cherry Blossom. Q. Why did you think this was going to be a better solution than asking people to cease wearing the Japanese Cherry Blossom? A. It would eliminate as much as possible any other additional triggers that Ms. Core may experience being in this public workplace. (Doc. 36, PAGEID 1071-72). -21- offense to Bailey-Evans's email because it was an attempt to "isolate [her] like some modern-day Hester Prynne" is an unreasonable suggestion on its face considering Plaintiff now requests to be totally isolated from co-workers in a work-at-home setting. Soon after Bailey-Evans's email on March 11, 2010, Plaintiff went on leave and never returned to work. Nevertheless, on April 7, 2010, DJFS proposed allowing Plaintiff to work shorter work days and allowing Plaintiff to have her own office and her own bathroom facilities. Plaintiff admits that she never responded to this proposed accommodation proposal. Plaintiff's next requested accommodation was the unreasonable requested accommodation to work from home. As an additional alternative request, Plaintiff requested a fragrance-free workplace, which is also an unreasonable accommodation request, as set forth above. Despite Plaintiff's requesting of unreasonable accommodations, DJFS nevertheless responded by proposing additional accommodations, namely: (1) allowing Plaintiff to have and use an inhaler at work; (2) allowing Plaintiff to exit the building as needed; (3) considering any other accommodation recommended by a pulmonologist that examined Plaintiff; (4) considering any recommendations based upon results of a methacholine challenge and/or provocation challenge; (5) emailing all DJFS staff the afore-cited memorandum; and (6) posting the memorandum in conspicuous locations within the DJFS facility. As noted above, all of these offers of reasonable accommodation were rejected. -22- Based on all of the foregoing, Plaintiff's contention that DJFS failed to engage in the required interactive process has no merit. V. CONCLUSION As set forth above, no reasonable jury could conclude that Plaintiff's requested accommodations were reasonable and no reasonable jury could conclude that DJFS's offered accommodations were unreasonable. Accordingly, Defendant's Motion for Summary Judgment is GRANTED, Plaintiff's claims are DISMISSED,11 and this case is CLOSED. IT IS SO ORDERED. s/ Timothy S. Black Timothy S. Black United States District Court Date: 10/17/12 11 Because ADA claims are analyzed using "the same analysis for claims of disability discrimination under Ohio law[,]" the Court concludes that summary judgment on Plaintiff's state claim is also proper. Myers v. Cuyahoga County, Ohio, 182 Fed.Appx. 510, 515 (6th Cir. 2006) (citing Brenneman v. MedCentral Health Sys., 366 F.3d 412, 418 (6th Cir.2004)). -23-


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Interferon Alfa 2b Ribavirin
What is Interferon Alfa 2b Ribavirin?
Interferon alfa-2b is made from human proteins that help the body fight viral infections.
Ribavirin is an antiviral medication.
Interferon alfa-2b and ribavirin are packaged together as a capsule and injection kit to treat chronic hepatitis C. These medications must be used together.
Interferon alfa-2b and ribavirin may also be used for other purposes not listed in this medication guide.
In This Section:
What is the most important information I should know about Interferon Alfa 2b Ribavirin?
You should not use this medication if you are allergic to interferon alfa-2b (Intron A) or ribavirin (Copegus, Rebetol), or if you have autoimmune hepatitis, severe liver or kidney disease, or a hemoglobin blood cell disorder such as sickle-cell anemia or thalassemia.
Do not use interferon alfa-2b and ribavirin if you are pregnant, or if you are a man and your female sexual partner is pregnant.
Use at least 2 effective forms of birth control while either sexual partner is using interferon alfa-2b and ribavirin. Keep using 2 forms of birth control for at least 6 months after treatment ends.
Before using interferon alfa-2b and ribavirin, tell your doctor about all of your medical conditions, especially kidney disease, liver problems other than hepatitis, heart disease or high blood pressure, a thyroid disorder, eye problems, HIV or AIDS, a blood cell disorder, an autoimmune disorder such as lupus or psoriasis, or a history of heart attack, stroke, organ transplant, depression, mental illness, drug or alcohol addiction, or suicidal thoughts or behaviors.
Also tell your doctor if you have ever used an interferon to treat hepatitis in the past and it did not work.
What should I discuss with my healthcare provider before taking Interferon Alfa 2b Ribavirin?
You should not use this medication if you are allergic to interferon alfa-2b (Intron A) or ribavirin (Copegus, Rebetol), or if you have:
- autoimmune hepatitis
- liver failure
- severe kidney disease
- a hemoglobin blood cell disorder such as sickle-cell anemia or thalassemia
- if you are pregnant or breast-feeding; or
- if you are a man and your female sexual partner is pregnant
If you have any of these other conditions, you may need a dose adjustment or special tests to safely use interferon alfa-2b and ribavirin:
- lung disease
- kidney disease (or if you are on dialysis)
- hepatitis B, or liver problems other than hepatitis
- a thyroid disorder
- uncontrolled diabetes
- new or worsening problems with your eyes
- cancer
- HIV or AIDS
- high cholesterol or triglycerides
- heart disease or high blood pressure, history of heart attack, or stroke
- history of organ transplant
- any blood cell disorder causing bleeding episodes, infections, or fever-related illness
- an autoimmune disorder such as rheumatoid arthritis, systemic lupus erythematosus (SLE), or psoriasis
- a history of drug or alcohol addiction, depression, anxiety, or suicidal thoughts or behaviors; or
- if you have ever used an interferon to treat hepatitis in the past and it did not work
FDA pregnancy category X. Ribavirin is known to cause birth defects or death in an unborn baby. Do not use interferon alfa-2b and ribavirin if you are pregnant. You may need to have a negative pregnancy test before using this medication and every month during your treatment.
- If you are a woman, do not use interferon alfa-2b and ribavirin if you are pregnant
- If you are a man, do not use interferon alfa-2b and ribavirin if your female sexual partner is pregnant. An unborn baby could also be harmed if a man fathers the child while he is taking ribavirin
- Use at least 2 effective forms of birth control while either sexual partner is using interferon alfa-2b and ribavirin. Keep using 2 forms of birth control for at least 6 months after treatment ends
- Tell your doctor right away if a pregnancy occurs while either the mother or the father is using interferon alfa-2b and ribavirin
Interferon alfa-2b and ribavirin may pass into breast milk and could harm a nursing baby. Do not use this medication if you are breast-feeding a baby.
Interferon alfa-2b and ribavirin can affect growth in children. Talk with your doctor if you think your child is not growing at a normal rate while using this medication.
The powder form of interferon alfa-2b contains albumin, but the solution (liquid) form does not. Albumin comes from human plasma (part of the blood) and may contain viruses and other infectious agents that can cause disease. Although donated human plasma is screened, tested, and treated to reduce the risk of it containing anything that could cause disease, there is still a small possibility it could transmit disease. Talk with your doctor about the risks and benefits of using this medication.
How much does Interferon Alfa 2b Ribavirin cost?
What conditions might Interferon Alfa 2b Ribavirin treat?
|No information available
Copyright 1996-2014 Cerner Multum, Inc. Version: 8.02. Revision date: 2013-05-15.
Interferon Alfa 2b Ribavirin Side Effects
What are the possible side effects of Interferon Alfa 2b Ribavirin?
Get emergency medical help if you have any of these signs of an allergic reaction: hives; difficulty breathing; swelling of your face, lips, tongue, or throat.
Stop using this medication and call your doctor at once if you have any of these serious side effects:
- pale or yellowed skin, dark colored urine
- fever, chills, body aches, flu symptoms, easy bruising or bleeding, unusual weakness
- confusion, severe depression or anxiety, aggression, thoughts of hurting yourself or others
- vision problems
- high fever with severe stomach pain and bloody diarrhea
- cough, stabbing chest pain, feeling short of breath, uneven heartbeats
- severe pain in your upper stomach spreading to your back, nausea and vomiting, fast heart rate; or
- worsening psoriasis or other autoimmune disorder
Less serious side effects may include:
- dizziness, tired feeling, headache, joint or muscle pain
- mild nausea, loss of appetite, weight loss
- sleep problems (insomnia)
- feeling mildly anxious, depressed, or irritable; or
- pain, redness, swelling, or irritation where the medicine was injected
This is not a complete list of side effects and others may occur. Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088.Back to Top
Copyright 1996-2014 Cerner Multum, Inc. Version: 8.02. Revision date: 2013-05-15.
Interferon Alfa 2b Ribavirin Interactions
In This Section:
What other drugs affect Interferon Alfa 2b Ribavirin?
Tell your doctor about all other medications you use, especially HIV or AIDS medications such as :
- abacavir (Ziagen)
- didanosine (Videx)
- efavirenz (Sustiva, Atripla)
- emtricitabine (Emtriva)
- etravine (Intelence)
- lamivudine (Epivir, Epzicom, Combivir, Trizivir)
- stavudine (Zerit)
- tenofovir (Truvada, Viread); or
- zidovudine (Retrovir)
This list is not complete and there may be other drugs that can interact with interferon alfa-2b and ribavirin. Tell your doctor about all the prescription and over-the-counter medications you use. This includes vitamins, minerals, herbal products, and drugs prescribed by other doctors. Do not start using a new medication without telling your doctor. Keep a list with you of all the medicines you use and show this list to any doctor or other healthcare provider who treats you.Back to Top
What should I avoid while taking Interferon Alfa 2b Ribavirin?
Avoid drinking alcohol. Alcohol may increase your risk of liver damage.
Treatment with this medication does not prevent spread of the hepatitis virus to other people. Follow your doctor's instructions about how to prevent passing the disease to another person.Back to Top
Copyright 1996-2014 Cerner Multum, Inc. Version: 8.02. Revision date: 2013-05-15.
Interferon Alfa 2b Ribavirin Dosage
In This Section:
How should I take Interferon Alfa 2b Ribavirin?
Interferon alfa-2b is given as an injection under the skin. Your doctor, nurse, or other healthcare provider will give you this injection. You may be shown how to inject your medicine at home. Do not self-inject this medicine if you do not fully understand how to give the injection and properly dispose of used needles and syringes.
Do not use the medication if it has changed colors or has any particles in it. Call your doctor for a new prescription.
Use a different place on your arm, stomach, or thigh each time you give yourself an injection. Your care provider will show you the places on your body where you can safely inject the medication. Do not inject into the same place two times in a row.
Use each disposable needle only one time. Throw away used needles in a puncture-proof container (ask your pharmacist where you can get one and how to dispose of it). Keep this container out of the reach of children and pets.
The interferon alfa-2b injection is usually given 3 times per week. The ribavirin capsule is usually taken twice daily. You may take the capsules with or without food but take them the same way each time. Follow your doctor's instructions. Your doctor may occasionally change your dose to make sure you get the best results from this medication.
Your ribavirin dose needs may change if you gain weight. Tell your doctor if your weight increases to 165 pounds or above.
To be sure this medication is helping your condition and not causing harmful effects, your blood may need to be tested on a regular basis. You may also need regular eye exams. Do not miss any scheduled appointments.
Store both the ribavirin capsules and the interferon alfa-2b vials (bottles) or injection pens in the refrigerator. Do not allow the medicine to freeze.Back to Top
What happens if I overdose on Interferon Alfa 2b Ribavirin?
Seek emergency medical attention if you think you have used too much of this medicine. Symptoms of an interferon alfa-2b and ribavirin overdose are not known.Back to Top
What happens if I miss a dose of Interferon Alfa 2b Ribavirin?
Use the medicine as soon as you remember the missed dose, then go back to your regular schedule on the day your next dose is due. If you are more than 2 days late in using your injection, call your doctor for instructions. Do not use extra medicine to make up a missed dose.Back to Top
Copyright 1996-2014 Cerner Multum, Inc. Version: 8.02. Revision date: 2013-05-15.
We don't currently have any conditions listed for Interferon Alfa 2b Ribavirin.
Bear with us as we complete our database of treatments for conditions. We are working hard to provide you with the best results possible so please check back soon for the latest updates. We apologize for any inconvenience.
- Drugs A-Z team
Copyright © 2014 Everyday Health Media, LLC
About Drugs A-ZDrugs A-Z provides drug information from Everyday Health and our partners, as well as ratings from our members, all in one place. Cerner Multum™ provides the data within most of the Basics, Side Effects, Interactions and Dosage tabs. The information within the Reviews and FAQ tabs is proprietary to Everyday Health.
You can browse Drugs A-Z for a specific prescription or over-the-counter drug or look up drugs based on your specific condition. This information is for educational purposes only, and not meant to provide medical advice, treatment, or diagnosis. Remember to always consult your physician or health care provider before starting, stopping, or altering a treatment or health care regimen.
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Morehead State University100 Admission CenterMorehead, KY 40351
The Council on Social Work Education (CSWE) is a nonprofit national association representing more than 3,000 individual members, as well as graduate and undergraduate programs of professional social work education. Founded in 1952, this partnership of educational and professional institutions, social welfare agencies, and private citizens is recognized by the Council for Higher Education Accreditation as the sole accrediting agency for social work education in this country.
Assessment of Student Learning Outcomes
All CSWE programs measure and report student learning outcomes. Students are assessed on their mastery of the competencies that comprise the accreditation standards of the CSWE. These competencies are dimensions of social work practice that all social workers are expected to master during their professional training. A measurement benchmark is set by the social work programs for each competency. An assessment score at or above the benchmark is considered by the program to represent mastery of that particular competency. Information below represents the Assessment of Student Learning Outcomes by semester.
Spring 2012 Student Learning Outcomes
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Game Details
- Release Date 10/2/2003
- Publisher Electronic Arts
- Platform GameCube
- Genre Action Adventure
- Number of Players 4
Game Description
Welcome to the New World Order, where the Soviet Union has won the Cold War, and the Red Invasion has entered the streets of New York City. You are Chris Stone, a simple plumber who evolves into a fearless freedom fighter, recruiting and leading an army to resist the Red Threat. You must work to earn the trust and companionship of other resistance members through the games unique Charisma system. Battle for the Big Apple using Molotov cocktails, rocket-propelled grenades, machine guns and more in an intense combination of squad tactics and real-time combat. Battle it out with up to four friends in split-screen multiplayer mode!
User Reviews
Average Member Rating: 7.9 out of 10
definitely a good rental. (8 out of 10)
posted by metaspiral (ASHEVILLE, NC) on Jan 3, 2010
Member since Aug 2008
3 out of 3 gamers (100%) found this review helpful
Member since Aug 2008
3 out of 3 gamers (100%) found this review helpful
if you like shooting or squad tactics games (or better yet, BOTH) freedom fighters is for you. i was attracted by the tactics side, but was pleasantly surprised by the excellent third-person shooting. if the game had been available for sale i probably would have kept it. pros: excellent musical sco...more
Specs & Requirements
Memory 4 blocks
Modes Versus, Full Mission Single-Player
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- Grand Theft Auto IVRelease 4/28/2008
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- Conflict: Desert Storm 2 - Back to BaghdadRelease 1/8/2004


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Legal Question in Landlord & Tenant Law in California
We have been living in an apartment complex and the person who raped my wife lives right next door. we have told the owner repeatedly about this and he has done nothing about it. 3 months we have had this person next to us. we are wondering if we can take legal action against the owner?
Asked on 6/01/12, 12:06 pm
2 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian
0 users found helpful
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Read more
What did the landlord do or should have done in this case? Are you saying your landlord knew about the danger posed to your wife in advance and failed to warn? Was the incident reported to the police? If so, why is he not in the jail or restrained from being near your wife?
As you can see there are many issues which need to be clarified before an intelligent answer can be given.
Answered on 6/01/12, 1:59 pm
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Kamilia Kura: Relentless in Empowering Displaced Women
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Kamilia Kura is a community leader and a mother. She is a human rights defender, a devoted Christian and a brave woman with a loving heart. She has chosen to stand by the vulnerable since she was a teenager.
Kamilia is the founder and Executive director of Nuba Women for Education and Development Association (NuWEDA). She dreams about a Sudan that respects the diversity of its own people. She hopes for people to live in peace and dignity and to be treated as Sudanese citizens not according to their ethnic, religious, regional and gender identities. She says "I want the old days of Sudan to revive; when people were just Sudanese"
She was born on 1969 to Christian parents in Kadugli; the capital of South Kordofan state. Kamilia's father decided to sell his flock of cows and move to Khartoum seeking a better life for his family. They migrated to Khartoum when she was an infant. She was raised in the church and volunteered to teach at Sunday schools since she was 14 years old.
Kamilia kept her eyes on attending the university and not have the same fate that most of her peers face; getting married and have children before reaching high school. Her family was willing to get her married soon after she graduated from intermediate school. The bishop Butrus Kura; her uncle and role model saved her by demanding that her father allow her to attend high school. The Bishop Butrus was supporting girls' education; he advised many families which came to the church to allow their girls to attend high school, and many husbands to allow their wives to attend the university.
Kamilia is keeping her uncle's favor and wishes all the girls could access higher education. She got married after high school and moved to Nigeria with her husband where she got a diploma on community psychosocial intervention from Saint Jose State University on 1996.
On 1997, Kamilia was back to Sudan while the civil war in the south was raging between the government and Sudan People's Liberation Army Movement. Hundreds of thousands of displaced persons were arriving in Khartoum. She talked to her friend Fatima Sulieman "We need to do something for our mothers and sisters who escaped the war to Khartoum" Along with one of the church elders; they have mobilized people to join them, conducted meetings, collected donations and provided humanitarian relief. On 2002, the group was registered as a nonprofit organization under the name Nuba Women for Education and Development Association (NuWEDA) to access grants that maintain the sustainability of their services and widen their community outreach. It kept growing and its mandate extended beyond providing humanitarian assistance to advocating for women's rights, peace, building the capacities of women and youth through education, training on development related issues and awareness raising.
Threats by government security agents have always accompanied the work of Kamilia as a leader of a non-registered group and as an executive director of NuWEDA. Community based initiatives in the 1990's were very limited; additionally most of the IDPs were coming from the war zones in South Sudan, Nuba Mountains and Blue Nile. The authorities in Khartoum regard them as rebels and spies and everybody who helps them as having a relation to the rebel groups. Till now the authorities are not keeping good intentions in the work of national civil society and Kamilia is subjected regularly to harassment and interrogations.
Changing social norms that violate women's rights, such as domestic violence and lack of women's control over their bodies, is the challenge that NuWEDA has taken on. Kamilia was labeled by conservative men in displaced communities for spreading immoralities through educating women about family planning and inciting them against domestic violence.
Girls' and women's education is NuWEDA's missing key to empowering and securing women lives and well being through offering them better job opportunities, and a better life with choices. While NuWEDA is raising the community awareness by girls' education, public higher education is so expensive for most of the displaced families which are struggling with earning the daily living. NuWEDA is willing to run a program for sponsoring displaced women and girls' university education. They have been seeking funds for this program for the past 5 years, although they couldn't receive enough funds for the program launch.
In June, 2011, the civil war broke out again in South Kordofan region between the government and Sudan People's Liberation Army/North. Bombardments of Kadugli and more than 40 towns, limited access to food, high incidents of rape by government militias, arbitrary arrests and forced military recruitment of women has made life terrible for families and forced 300,000-400,000 persons either to flee to Khartoum or seek refuge in South Sudan. Displaced families are living in poverty and women are heading the households. The majority has limited professional skills which leave them with limited and highly competitive employment opportunities like domestic work. There is no legislation protecting the rights of domestic workers by defining minimum wage, working hours, leaves and end of service benefits. NuWEDA is coordinating an economic empowerment program with other civil society organizations with the purpose of organizing displaced women in cooperatives to advance their economic status through savings, acquaint them with small business skills, improve their access to loans and form a sort of informal trade union.
Kamilia believes in empowering women to advance the status of displaced communities; her vision drove the formation of NuWEDA. The people's needs for assistance have inspired her to form a group of volunteers, and then build a nonprofit organization. She finds the motive and legitimacy of her work from the people she serves.
This article is part of a writing assignment for Voices of Our Future a program of World Pulse that provides rigorous digital media and citizen journalism training for grassroots women leaders. World Pulse lifts and unites the voices of women from some of the most unheard regions of the world.
kamila is a hero and must be applauded for her work. girls education is very important and deserves to be taken seriously. giving back to the community is noble and i applaud kamila for her selfless work. also economically empowering women makes them even better leaders and they are able to also send their children to school.
thank you for writing this story it has been truly inspirational.
we may be powerless to stop an injustice but let there never be a time we fail to protest.
Kamila has such an inspiring background and I am sure Sudanese women would be proud of you for showcasing her to the world.
Thank you for sharing such a loaded profile of a rare model!
Best wishes,
Educate girls!!!
If we educate our gils our future will be very different!! thanks life to brave women like Kamilia.
Klaudia González
Well done, Yosra! Blessings
Well done, Yosra!
Blessings to you.
Keep up the good work.
Awesome choice
Such a determination by a very strong lady. Definitely an awesome choice Yosra.
You have told her story very well.
Compelling interview
Thank you for sharing Kamilia's story with us. She has great challenges ahead but has obviously made great inroads in the area of women's rights.
You started off the interview strong and I loved the inclusion of the quote "I want the old days of Sudan to revive; when people were just Sudanese". I would have liked to read a little more about Kamilia and the work from her perspective. Towards the end, you focussed more on the work of NuWEDA and did not reference Kamilia as much. As Kamilia was the subject of the interview, perhaps you could have added a quote in regards to the education and empowerment programs so as to keep the reader mindful of what the article is about, i.e. Kamilia.
All in all, you provided great context to the interview and chose your subject well.
This is amazing Yosra! Good
This is amazing Yosra! Good job in highlighting Kamilia. It is very important for people to know about the great role women are playing in improving the lives of others, and how the government is standing in their way.
An inspiring community leader.
Often times when women become activists, they are labelled as immoral and sometimes satanic too.
From what you have shared about Kamilia it is evident that she herself has been blamed for spreading immoralities through educating women about family planning and empowering them to stand against domestic abuse.
I wish her and NuWEDA all the success it rightly deserves. Thank you Yosra, for bringing Kamilia to us.
Dear Yosra, Thank you for
Dear Yosra, Thank you for bringing to the fore this educator-activist who has dedicated her life to empowering women and youth through thick and thin, peacetime or wartime via alternative learning programs. Indeed, it must be difficult to separate the personal from the organizational aspects of this woman. Kamilia becomes NuWEDA and NuWEDA becomes Kamilia.
You have described to us a brave, selfless and forward-looking woman.
libudsuroy/Lina Sagaral Reyes
Mindanao, The Philippines
''Every Day is a Journey and the Journey itself is Home.'' (Matsuo Basho)
My big respect
The situation in Sudan is very difficult, and you need to be a very strong woman and person to keep an optimism and try to change it. My big respect to Kamilia and to you, Yosra, for raising up your voices! Keep strong!
Greetings from Ukraine,
Wow, Yosra!
Thank you, Yosra, for this highly informative, excellent piece of work.
Kamilia sounds like a magnificent advocate for the rights of girls and women in Sudan, and your closing sentence is a testament to that and a clear explanation of where she gathers ongoing inspiration in the face of such difficult odds; that she finds her motive and legitimacy in those she serves.
I also note that there's a male hero (WOW!) in here, in the form of Bishop Butrus Kura, who advocated for education for women. Now that's a refreshing change!
I have only known one other person who is in the "psychosocial" field, so I was also interested to read that reference.
So, thank you for all your work -- and that of your triad -- in producing this very professional piece.
- Sarah
Sarah Whitten-Grigsby
Dear Yosra, You wrote a very
Dear Yosra,
You wrote a very inspiring and powerful piece about Kamilia Kura.
Monica Lehner
Dear Yosra Thank you very
Dear Yosra
Thank you very much for letting us know this inspirational story that show us that everyone can do something for the improvement of others. Not always we have the chance to know what women in other countries are doing to empower themselves. You highlight a serious problem but at the same time you highlight a powerful solution that is: organization.
One's life has value so long as one attributes value to the life of others, by means of love, friendship, indignation and compassion
Follow me @DivinaFeminista
Great Job!
Great work on your first module! You included a lot of really great details that are important to the story. I loved it!
Next time, try starting with a narrative lead. In other words, tell a small story about your subject in your first paragraph. That will be a good way to entice your readers from the start.
Great work!
I would love to get this woman's contact info to discuss internet access in refugee areas.
Your pieces does a great job of laying from historical context for the reader that may not know anything about the war in Sudan and its history.
I was moved in the beginning by her quote: "I want the old days of Sudan to revive; when people were just Sudanese"
I would to read more on this religious divide and women's perspective on how to bring understanding and begin the healing through conflict resolution.
Thank you for all your work on writing this piece!
Zoe Piliafas
Voices of Our Future Community Manager
World Pulse


text:
Sunday, February 10, 2013
How to Work on More Than One Book at a Time
30 comments:
I like this post, Jim. I've been thinking about my next project while I'm finishing book #2 in my latest series. I worked up a massive proposal for another 3 book series & I'm itching to get to it. This one has three really detailed plot outlines so writing them should be easier. I put the work in on the lengthy proposal so I wouldn't lose any ideas if I set it down.ReplyDelete
But I've never really worked on two projects simultaneously. I didn't think that would work for me since I get so wrapped up in my WIP...and my daily quota ( a must for me).
But after reading your post, and listening to that ever present niggling voice in my head, I think I might try it. Thanks & have a good Sunday.Replies
That's great, Jordan. Those three detailed plots are exactly what I'm talking about. In development, and a long way toward it.Delete
When I was pitching screenplays I learned about "development hell." The nice thing for writers of fiction is that there is no such thing. Not even Purgatory. We are the ones who decide where a project goes.
Love this, Jim. Thanks!Delete
Thanks for this, Jim. I have lots of Exeter stories in progress, but I've not been good about working on more than one at a time, and I need to be. This was the kick in the pants I needed today, which was always designated as "Get Back On Track Day" after several weeks of work hell.ReplyDeleteReplies
I'm a writer newbie (although it's been a lifelong goal), not yet published. But I'd like to stand up as a poster child for your wise advice, Jim.ReplyDelete
A couple of years ago I decided to work consciously at realizing my writing goals. Much of the last year has been devoted to the study you talk about -- I re-read all my writing books, devoured each issue of WD, found the best quality blogs (like this one), joined a writer's group, went to my first writing conference (even though we couldn't afford it), and attended your fiction writing seminar in Austin last June.
*I've written a short book about creating fictional characters which I plan to publish as an ebook. It's currently being formatted and I'll be releasing it next week.
*As I've beeen getting that book ready, I've been working on the outline for a book on creative personality types; a collaboration with a fellow writer.
*My active projects on Scrivener are a second cookbook and a mystery novella.
*An article I wrote based on my interview with you, Jim, will be appearing in Southern Writers Magazine in May.
*I recently spent some time with a private detective collecting information for the thriller I ultimately want to write.
I haven't yet been able to set and meet a quota, but I'm actively working on it and plan to have that habit established within the next few months.
So, keep talking, Jim -- some of us are indeed listening! Thank you for generously sharing your wisdom (that thanks goes out to all the killers on the Kill Zone).Replies
Thanks for those kind words and update on your writing, Diane. Inspirational!Delete
Thank you! I think this is just what I've been looking for. After 19 published novels, I was starting to wonder if I should retire.ReplyDeleteReplies
Ack. No! Retirement? Pheh! Keep writing. Good to have you in the swim.Delete
This is great. I haven't been working on more than one thing at a time. And I don't have a quota. But other than that I'm right with you. Uh huh. Thank you for this post. With it, I can see where the right track is.ReplyDelete
- AnonymousFebruary 10, 2013 at 10:55 AM
Great advice, especially since I've been following it. Working on 3 completely unrelated novels at once. The writing quota was the best advice you ever gave me (from your book, The Art of War For Writers). Thanks again.ReplyDelete
-Isabel B.
James, I think we have run into the same writers at conferences. (those poor souls who've been chained to one manuscript for ten years.) As you said, that is the path to failure and frustration. If you do get lucky and nab and agent or editor, the first question out of their mouth will be: "What else are you working on?"ReplyDelete
Even if you're self-pubbing on Amazon, you can't succeed on one book.
Like Jordan, I used to be a monogamous writer but ebooks are pushing me into approaching writing more like you do. I'm finding that far from confusing me, it sort of recharges dead batteries.Replies
I find that, too, Kris, the "recharging." Working on more than one project generates electricity for me. In fact, when one project dulls in the senses, working on a short story or novella or outline freshens me up.Delete
Thank you thank you thank you!ReplyDelete
One of those nasty "rules" floating around on the Internet is you can't work on more than one project at once, in case you abandon it in favor of the new project.
But then, when you get published, you're expected to be able to juggle more than one project, so this bit of "wisdom" never made sense to me.
On thing I've always wondered was HOW exactly people juggle projects. Now I know. :D
I've found that spending that much time developing an idea has been really helpful, since the idea tends to grow and mature the more I work on it.
I just finished the first draft of that zombie novel I keep talking about, so this is a perfect time to test out drafting and revision at the same time.
Knockout Novel sounds awesome, btw, especially since you're not coming anywhere near the East Coast with your Next Level Seminar this year. Can't wait!Replies
Man, I hate "rules." There's maybe a nugget of good advice in "don't work on more than one thing at a time" but I think it is for those writers whose brains are too scattered or those who really don't want to finish ANYTHING because that means they then have to send it out and risk rejection. But most of us can walk and chew gum at the same time, right?Delete
James, this was very helpful! I just finished my first piece of fiction (which is the first of a series.) and am currently in the rewrite. Your tips were very helpful! I will try out some of your tips! :)ReplyDelete
Also I was wondering how do you go about your edit/rewrite process?
I am having issues with it.
It also pains me to see the same handful of writers at a certain conference always working on the exact same thing. Just retooling the plot to fit the current trends. So sad, and what a waste of time and monye.ReplyDelete
Me? This week I started writing my third novel in nine months. Didn't even skip a day. Typed The End Sunday, and Chapter One Monday. I write every day.
While I'm writing on this one I'm in development on another one and the one I just finished is resting at the back of my mind so I can tackle the massive edits it needs before it's ready to go anywhere.
Great info, thanks! TIme is the big factor. I've got 2-1/2 hours every day to write and I feel like I have to focus 100% on my WIP. The extra minutes I can steal away is spent marketing my first book.ReplyDelete
I have always a multi tasker with multiple novels and a stream of shorts always in the works on top of one or two audio projects while doing 1.5 day jobs. My main problem is prioritizing. Paid audiobooks come first after day jobs. Then the books, all of which along at a sometimes chaotic, sometimes escargotic pace. Organizing the chaos is my hardest task.ReplyDelete
My wife says its like I'm juggling 7 balls at once. It feels more like I'm juggling 3 balls, a machete, 2 chainsaws, and a flamethrower...and singing Bohemian Rhapsody ... all with a smile.
Great advice, although I find I have a hard time working on multiple projects and juggling a day job, too, because each project takes a certain critical mass of focus to keep it going. That underlines the importance of #2 above, because the ideas keep coming and if you don't at least make a quick note they're gone forever.ReplyDelete
I am finding the marketing aspects are taking up more and more of my writing time. I've had more books come out in the last year and this year than ever before in one period, and keeping up with the promotional activities can be draining. That's the problem for me more than the writing schedules.ReplyDelete
Love this advice. My instinct is to have many projects going, but like another person said above, it seems like all the advice tells you to stick to one thing no matter what. I love being able to go back and forth on various pieces. I also love the idea of writing to a quota, but I have a question. Do you revise to a quota, too? I'm curious how you decide how much you need to get done in a week for editing/revising/rewriting. How do you set goals for that?ReplyDelete
- AnonymousFebruary 13, 2013 at 8:26 AM
I read lots of writing blogs, then delete them immediately. This post was so inspirational and wise that, not only did I star it, but I read it more than once. Thank you for posting this.ReplyDelete
I really appreciate your post and you explain each and every point very well.The Equation bookReplyDelete
a pleasure to read your post, i almost do the exact same thing. i also have a notebook in case i suddenly have an idea and need to write it down. i read my novel more than once and add or delete. it's a lot of work, but i believe the end result is worth it. i'm also glad to know i'm not the only one who wishes to write two stories at the same time!ReplyDelete
Great advice, Jim. I have various projects on the go at once. This is mainly because when I hit a block on my WIP, I find it useful to start or work on something different for a while. Most of them don't amount to much, but I guess that's just part of the process.ReplyDelete
This is the best writing advice I've read in a long time. Simple, yet profound. Thanks Jim!ReplyDelete
This is great advice, James. But you know that! I find I need deadlines. Not self-imposed ones. I amazed myself in November by successfully completing NaNo. Never have I written so much (crap) in such a short time. I'll have to be more persistent. I now have three novels in progress, 60K, 51K(!) and 30K so far, and none finished.ReplyDelete
It's nice to know writing more than one novel is commonplace. I have a set schedule for projects. For WIP's; 1k per day. As I'm working on 3 that's 3k per day. Easy enough and as I don't work outside the home, I have all day to write.ReplyDelete
Revisions and edits are on a different schedule. For revisions; 2 pages per day, I know that doesn't sound like much, but when you schedule in blog post and a couple rounds on social media, the day flies by. Edits are done a chapter a day, and generally on just one project.
It sounds easy, but it took several years to get this schedule into place.


text:
The NeCTAR Research Cloud is helping the ARC Centre of Excellence for Plant Energy Biology (PEB) discover better ways to feed and fuel the planet by understanding more about how plants use energy.
Photo courtesy the Plant Energy Biology CoE.
The NeCTAR Research Cloud is helping the ARC Centre of Excellence for Plant Energy Biology (PEB) discover better ways to feed and fuel the planet by understanding more about how plants use energy.
Photo courtesy the Plant Energy Biology CoE.
A partnership among 13 public institutions, HuNI combines information from 30 of Australia's most significant cultural datasets, with the potential to incorporate more in future. HuNI allows researchers to create, save, and publish selections of data, analyse and assert relationships among data, share findings, and export the data for use in external environments.
The Genomics Virtual Laboratory (GVL) funded through NeCTAR, is taking the information technology out of bioinformatics, providing biologists with easy access to a suite of genomics tools and resources.
endoVL, the endocrine genomics virtual laboratory funded through NeCTAR, is helping endocrinologists gain statistical power to improve clinical research into endocrine disorders.
Endocrine disorders include diabetes, thyroid disorders, and severe obesity, in addition to more rare conditions such as adrenal tumours and disorders of sex development.
MARVL, the Marine Virtual Laboratory funded through NeCTAR, is helping marine scientists make better use of ocean observations to improve forecasting and planning for marine and coastal environments.
In late June 2014 NeCTAR brought together over 50 attendees of its Virtual Laboratory and eResearch Tool projects with infrastructure providers to reflect on NeCTAR's current research software investments, and to guide implementation of future research software investments described in the NeCTAR NCRIS 2013 Final Project Plan.
Human communication scientists can now study speech, language, text, and music on a larger scale, thanks to Alveo, a virtual laboratory funded through NeCTAR. Alveo was officially launched in June 2014 and brings together data collections, analysis tools, and workflow in a common environment.
NeCTAR welcomes National Computational Infrastructure (NCI) to the NeCTAR Research Cloud, and congratulates the NCI team on commissioning their public cloud node of 3200 new high-performance CPU cores in early April 2014 to join the exising capability provided by the University of Melbourne, Monash University, the Queensland Cyber Infrastructure Foundation, and eResearch South Australia.
The Theoretical Astrophysical Observatory (TAO) empowers astronomers to build complex customised views of the Universe, all from the comfort of their own computer. Swinburne Associate Professor Darren Croton, said: "TAO makes it easy and efficient for any astronomer to create these virtual universes. It's the culmination of years of effort that is now at the fingertips of scientists around the world... using TAO it might take a few minutes to create a mock catalogue of galaxies, versus months or even years of development previously."
In today's globalized economy, goods and services can pass through complex supply chains before reaching final consumers. A car may use iron ore from Western Australia, electronic parts from China, be assembled in Japan and involve thousands of inputs. The Australian-first NeCTAR funded Industrial Ecology Virtual Laboratory is unravelling supply chain mysteries and helping reduce Australia's carbon footprint.
The nearly 100 particle physicists at the ARC Centre of Excellence for Particle Physics at the Terascale (CoEPP) in Sydney, Melbourne, and Adelaide, are working with collaborators around the globe to understand what the universe is made of and how it started. CoEPP scientists face the challenge of keeping up with the growing demands for storage and high throughput computing. The NeCTAR Research Cloud together with RDSI funded storage and the new AARNet 4 backbone network are helping to provide the solution.
The NeCTAR Research Cloud expects a large expansion in 2014 with capacity trebling to around 30,000 CPU cores thanks to more research cloud nodes joining the federated effort and existing cloud nodes expanding their offerings.
NeCTAR welcomes eResearch South Australia (eRSA) to the NeCTAR Research Cloud and congratulates the eRSA team on commisioning 1700 new CPU cores in February 2014 to join the existing capabiity provided by the University of Melbourne, Monash University and the Queensland Cyber Infrastructure Foundation (QCIF).
Across Australia, extensive networks and communities of medical researchers have studied endocrine disorders, yet previously, there was no common software infrastructure to connect them. The NeCTAR funded Endocrine Genomics Virtual Laboratory (endoVL) uses the NeCTAR Research Cloud to empower clinicians to securely and easily access bioinformatics data. It is now used by 45 cancer centres globally.
When University of Melbourne's e-Research Director Professor Richard Sinnott tasked his first ever Cluster and Cloud computing group of 50 students to use the NeCTAR Research Cloud to analyse real-time Twitter data around Australia - no-one dreamed Adelaide's tweeters were the biggest fans of pop group One Direction or certain areas of Brisbane would tweet the most swear words.
Dr Roger Proctor, Director of the IMOS eMarine Information Infrastructure, says the NeCTAR Research Cloud is providing IMOS with new abilities to access data worldwide, in real time and with interoperability. "The scale of the NeCTAR Research Cloud means we are not constrained by resources. This is an entirely different way of working and thinking."
NeCTAR sponsored a larger booth at this year's eResearch Australasia 2013 conference, Brisbane October 20-25 enabling NeCTAR software tool and virtual laboratory projects to give brief demonstrations as to research impacts and all the new apps and software for researchers. Check out the photos. Do you recognise anyone?
NeCTAR is building eResearch infrastructure for Australian researchers in four areas: Virtual Laboratories; eResearch Tools; Research Cloud and secure and robust hosting service (National Servers Program). If you have a great software idea why not host it on the NeCTAR Research Cloud? Collaborate with your research communities and software support experts to see what is possible.
NeCTAR is proud to announce the full release of the new Virtual Geophysics Laboratory (VGL). For geophysicist Dr Carina Kemp it is a game changer. "The speed at which we can now carry out our geophysical inversions was not possible before... using the VGL, it does the cropping and any pre-processing, like re-projecting the data, on the fly and we can complete our work in a matter of hours, instead of months."
The NeCTAR Research Cloud is located at eight different organisations around Australia, yet operates as one cloud system.
Researcher Lauren Gawne has just completed a linguistics PhD thesis. She is not necessarily a technical person, yet has embraced the technologies of the NeCTAR cloud and by doing so, says it has created many online benefits, cost savings, efficiencies and collaborations.
The Australian Synchrotron, in Melbourne, is the largest and most sophisticated facility of its type in the Southern Hemisphere. Recent NeCTAR funding has updated software of the Synchrotron's beamlines, leading to world-first discoveries and real time advantage.
There are currently 1504 people using NeCTAR's Research Cloud and 409 have Virtual Machines in the cloud. Users of NeCTAR's Research Cloud have been filmed around Australia and made into short videos. These stories are growing in number. To view the vox pops go to: https://nectar.org.au/vox-pops-people-using-nectar-cloud


text:
To Tan Chi'u
From Wikisource
|To Tan Chi'u
by , translated by Arthur Waley
|Translations from the Chinese (Alfred A. Knopf, New York, 1919, 1941).
My friend is lodging high in the Eastern Range,
Dearly loving the beauty of valleys and hills.
At green Spring he lies in the empty woods,
And is still asleep when the sun shines on high.
A pine-tree wind dusts his sleeve and coat;
A pebbly stream cleans his heart and ears.
I envy you, who far from strife and talk
Are high-propped on a pillow of blue cloud.
|This is a translation and has a separate copyright status from the original text. The license for the translation applies to this edition only.


text:
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