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In the United States Court of Appeals For the Seventh Circuit
May 22, 2008
VALERIE T. FILAR, PLAINTIFF-APPELLANT,v.BOARD OF EDUCATION OF THE CITY OF CHICAGO, DEFENDANT-APPELLEE.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 04 C 4679-Charles R. Norgle, Judge.
Before FLAUM, ROVNER, and SYKES, Circuit Judges.
Valerie T. Filar formerly taught as an untenured, full-time teacher in the Polish bilingual education department at the Edwin G. Foreman High School in Chicago. In 1999, the Board of Education of the City of Chicago, then known as the Chicago School Reform Board, approved a decision by Foreman's principal to change Filar's status from a full-time teacher at Foreman to a substitute teacher who would fill vacancies in other Chicago public schools as they arose. Filar, who was 69 at the time, objected to the decision for at least two reasons. In the first place, she suspected that Foreman's principal had deliberately retained younger teachers in the bilingual program at her expense. In addition, Filar's osteoarthritis and dependence on public transportation made getting to the city's various schools difficult, and the Board denied her request that she only be assigned to schools that were easily accessed from bus stops. This lawsuit followed, alleging age discrimination and that the Board failed to reasonably accommodate Filar's disability. The district court granted the Board's motions for summary judgment on both claims, and this appeal followed. For the reasons set out below, we reverse the district court's grant of summary judgment with respect to the age discrimination claim but affirm with respect to Filar's disability claim.
I. Background
Filar's claims stem in large measure from allegations that the principal of Foreman High School made questionable personnel decisions that resulted in her ouster from Foreman. Understanding these allegations requires some background on Illinois's bilingual education program and the (elaborate) mechanics of a principal's relationship with the teachers in her school. Illinois law requires the State's school districts to establish programs of transitional bilingual education for students of limited English-speaking ability. ILCS §§ 5/14C-1, C-3. To staff these programs, school districts offer a transitional bilingual teaching certificate to qualified individuals proficient in both English and a foreign language, known as a Type 29 certificate. ILCS § 5/14C-8. The Type 29 certificate is a bridge certification; teachers can teach students with limited English skills while working for a standard teaching certificate, which for secondary schools like Foreman is called a Type 09 certificate. Id.; see generally ILL. ADMIN. CODE tit. 23, § 25.90 (2008) (containing current qualifications). Once a teacher has attained the standard teaching certificate, she has to obtain both a bilingual "approval," which attests to her ability to provide a bilingual education, and "endorsements," which are descriptors like "Mathematics" or "Reading" that indicate the subject matters she is competent to teach. See, e.g., ILL. ADMIN. CODE tit. 23, § 25. app. E (listing representative endorsements as of July 1, 2004).
Even with the proper certifications, a would-be teacher in Illinois must still get hired, and not all teaching positions are the same. Public schools in Chicago employ several different categories of teacher, each with its own moniker and level of job stability. The most secure are tenured teachers, whom a principal can only remove for "cause." 105 ILCS 5/34-84. Below tenured teachers are tenure-track or "appointed" teachers who work full time with a particular class at a specific school, and, as their name suggests, can eventually obtain substantial job security. There are also at least two kinds of non-tenure-track teachers: "cadre" substitute teachers move from school to school to cover temporary vacancies on a daily basis; and full-time basis or "assigned" substitutes work at one school full time, just like tenure-track teachers only with less seniority and without the potential job security.
Principals have wide discretion in moving a school's teachers from a full-time basis position onto the tenure track. But how many full-time teachers a school can employ in a given year derives in large measure from the principal's available budget for the school year. Among other things, the annual budget from the Chicago Board of Education and the Budget Office lists how many positions the Board will fund in a given school year for each school program. In addition to Board-funded position, the principal may also have a certain number of teaching positions at his school funded by the State of Illinois. When the school does not have enough funded positions for all its teachers, the principal may have to "displace" unfunded teachers; that is, recategorize either tenure-track or full-time substitute teachers as "cadre" substitutes who must then fill vacancies in other city schools as they arise.
When that happens, the principal displaces teachers in reverse order of seniority. A less senior full-time basis substitute in a given subject or program will go before a more senior one; and a tenure-track teacher will not go until the principal has displaced all of the full-time basis substitutes. Although the principal possesses substantial authority to make personnel decisions, it's not absolute. The principal must first send a personnel request to the Board's Human Resources Department. There, someone determines whether the decision complies with the Chicago Teachers Union's collective bargaining agreement and whether the teacher has the requisite certifications. Then, based on these criteria, Human Resources either approves or denies the decision.
This case arises from the events immediately before and after Filar's displacement in 1999. Filar was born on January 11, 1930 in Poland. In 1991, she received her Type 29 certification and, the next year, Foreman's principal, Dr. John Garvey, hired her to teach Computers in the school's Polish bilingual program as a full-time basis substitute. Not long after he hired Filar in 1992, Dr. Garvey displaced her, although after Filar filed a grievance she was soon reinstated. While Filar was fighting her displacement in 1992 and 1993, Dr. Garvey hired two more teachers for the school's Polish bilingual program-Piotr Monaco (born in 1957) and Kornelia Rydberg (born in 1960)-both of whom had Type 29 certifications. In September 1997, Filar received her Type 09 standard teaching certification with endorsements in Accounting and Computers, and, a month later, she obtained her bilingual approval.
The parties dispute exactly when and how Dr. Garvey made the determination, but at some point in 1999 it became clear to him that the demand had fallen somewhat for bilingual Polish education due to a decrease in enrollment. In the school year beginning 1998, Foreman had five Board-funded positions for the Polish bilingual program; for the 1999 school year, it would lose one. What followed was a flurry of personnel decisions that would change the program and the employment status of the teachers. Two such decisions affected the other full-time substitute teachers then in the program. On July 23, 1999, Dr. Garvey sent a request to the Board that Monaco be appointed to a tenure-track position. Monaco had received his Type 09 certification in March 1999, but he had yet to receive his bilingual approval. And on September 3, 1999, two days after the school year began, Dr. Garvey sent a similar request that Rydberg be appointed to a tenure-track position. Rydberg had obtained her Type 09 certification on August 18, 1999, but also had yet to receive her bilingual approval.
On September 12, 1999, Dr. Garvey then slotted a new teacher into the Polish bilingual program when he requested that the Board move a tenure-track teacher, Helena Danielska (born in 1939), into the program.
Danielska had her Type 09 certification with an endorsement in mathematics and a Type 29 certificate with a Polish-bilingual endorsement. In moving Danielska into the program, Dr. Garvey moved Filar from a state-funded position to a Board-funded position and then put Danielska into Filar's old state-funded position. The Board approved the change on September 14. Finally, on September 15, Dr. Garvey hired Elaine Guzman as a tenure-track teacher to teach ESL Computers at Foreman. Guzman had the certifications needed to teach at elementary school but needed special permission to teach because she did not yet have the Type 09 certification to teach high school students.
As things stood on September 17, 1999, Filar was the only full-time basis substitute in the Polish bilingual program and she had moved from a state-funded position to a Board-funded position. That same day, Dr. Garvey informed Filar that he was displacing her to the cadre. Following her displacement, Filar reported to the Office of Culture and Language, the department in Chicago Public Schools that is responsible for administering bilingual programs. Filar claims that someone at OCL told her to return to Foreman because her position was not being closed. Filar then returned to Foreman and on September 27, 1999 she received a second letter from Dr. Garvey stating that she was being displaced to the cadre. After she received this second letter, Filar reported to the Board again and she was told to return to Foreman as a cadre substitute. But when she arrived, Dr. Garvey refused to accept her as a cadre substitute at Foreman, explaining later in his deposition that he was concerned over the bad blood from the displacement and the potential disruptive effect it might have on the school.
Filar then filed a grievance challenging her displacement. In December 1999, Dr. Garvey submitted a letter regarding his decision to displace Filar. He stated that he had displaced her because "she was the least senior member of the faculty in the Polish Bilingual Program" and the "decrease in enrollment in the Polish program necessitated a decrease in the staff. Ms. Filar was the only [full-time basis substitute] left in the Polish Bilingual program at this time and was displaced for that reason."
Filar's new role as a cadre substitute was complicated by the fact that she suffered from osteoarthritis. Filar's arthritic hip made walking long distances difficult, and she could not drive herself to work. In November 1999, she requested an accommodation for her disability from Chicago Public Schools. She wanted to be staffed at "one place of work with minimum walking distance from public transportation." The Board denied her request, stating that cadre substitutes "must report to whichever school the Substitute Center assigns [them] to on the day that [they] receive the assignment" and that her request was "not a matter for work-place reasonable accommodation."
This lawsuit followed in July 2004, alleging age discrimination under the Age Discrimination in Employment Act based on her September 1999 displacement and that the Board violated the Americans with Disabilities Act by failing to accommodate her disability. After discovery, the Board filed its motion for summary judgment as to both claims, which the district court granted. As to Filar's discrimination claim, the court reasoned that she had failed to show a similarly situated employee and thus could not prove her prima facie case. Even if she could, the court reasoned, Filar had presented insufficient evidence of pretext for the case to proceed to trial. As for Filar's ADA claim, the court reasoned that the Board had no obligation to staff her at schools near public transportation. Because proximity to public transportation did not affect her ability to actually teach in a classroom, the accommodation she had requested was not related to the "essential functions of the employment position," scotching her ADA claim. This appeal followed.
II. Discussion
Filar raises two general issues on appeal, tracking her two causes of action. First, she claims that the district court erred in granting the Board's motion for summary judgment as to her age discrimination claim. Second, she argues that the district court had an unduly cabined view of the "essential functions" of the cadre substitute teacher and thus erroneously granted the Board's summary judgment motion as to her ADA claim. We review both claims de novo, drawing all reasonable inferences in Filar's favor. EEOC v. Bd. of Regents of University of Wisconsin Sys., 288 F.3d 296, 301 (7th Cir. 2002). The following sections discuss each in turn.
A. ADEA Claim
As she did before the district court, on appeal Filar challenges her displacement from Foreman in September 1999, alleging that age discrimination, and not some legitimate personnel concern, was the engine behind Dr. Garvey's decision.*fn1 Filar chose to prove her case indirectly through an adapted version of the burden-shifting framework first announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). As applied to employment actions like displacement, if a plaintiff establishes her prima facie case, the burden shifts to the employer to articulate a legitimate non-discriminatory reason for the adverse employment action; after which the burden shifts back to the plaintiff to present some evidence that this reason is a pretext for discrimination. Radue v. Kimberly-Clark Corp., 219 F.3d 612, 618 (7th Cir. 2000). This procedural device sharpens the factual issues for a possible trial; the employer must provide some reason for its action that a plaintiff can attack, rather than stand mute except to deny the sufficiency of the plaintiff's evidence. Filar raises several issues related to this framework, discussed in turn in the sections that follow.
1. Appropriate Prima Facie Case
Filar argues first that the court used the wrong set of factors to evaluate her prima facie case. The district court applied the familiar four-factor prima facie case for adverse employment actions requiring proof that (1) Filar was over age forty; (2) her job performance met Dr. Garvey's expectations; (3) she suffered an adverse employment action; and (4) the employer treated "similarly situated" employees at least ten years younger more favorably. See Burks v. Wisconsin Dept. of Transp., 464 F.3d 744, 750-51 (7th Cir. 2006). On appeal, Filar instead characterizes her displacement as being part of a mini-reduction in force. When an employee is dismissed as part of a mini-RIF, the dismissed worker's duties are spread out among the remaining employees. Merillat v. Metal Spinners, Inc., 470 F.3d 685, 690 (7th Cir. 2006). The retention of younger employees who take on the dismissed employee's responsibilities "is nothing more than a demonstration of more favorable treatment, particularly tailored to the factual circumstances of a mini-RIF case." Id. at 690 n.1. As a result, the prima faciecase in this context swaps the fourth requirement in the basic framework-that a similarly situated younger employee was treated more favorably-with another-that her duties were absorbed by younger workers who were retained following the mini-RIF. Id. at 690-691. Thus, in Filar's estimation, the district court applied the wrong standard and thus erred in requiring proof that "similarly situated" younger teachers were treated more favorably.
The district court cannot be faulted for failing to em-ploy the mini-RIF standard because a mini-RIF claim was not fairly before it. Filar's complaint did not include allegations consistent with a mini-RIF claim. And in her response to the defendant's motion for summary judgment, Filar argued that a reduction in force, the regularsized variety, precipitated her displacement. As this Court has explained, the relevant factual inquiry in a reduction- in-force case is not the same as a mini-RIF case. In the former, a plaintiff's position was eliminated entirely and will not be refilled whereas "[t]he point of a mini-RIF unlike a true RIF, is that the job really was not eliminated at all; because the fired employee's duties were absorbed by others, they were effectively 'replaced,' not eliminated." Bellaver v. Quanex Corp., 200 F.3d 485, 495 (7th Cir. 2000).
The practical effect of this formal difference, one that is fatal to Filar's claims, is that the type of proof expected of a mini-RIF claim is different than that stemming from a formal RIF. For her mini-RIF claim, Filar had to show that her position was "absorbed" by the remaining younger co-workers, not just eliminated. Michas v. Health Cost Controls of Illinois, Inc., 209 F.3d 687, 693 (7th Cir. 2000). But Filar did not purport to make this showing in either her memorandum in opposition to the Board's motion for summary judgment or her Local Rule 56.1*fn2 statement of facts. Instead, the thrust of her RIF argument consisted of a statement that "younger workers . . . were favorably retained in the RIF while [she] was displaced." An apt statement of her evidentiary burden in a RIF claim, but not a mini-RIF one. In short, the district court did not err in its treatment of Filar's claim because it was never asked to treat such a claim. See Weigel v. Target Stores, 122 F.3d 461, 464 (7th Cir. 1997). Accordingly, the district court applied the right prima facie case.
2. "Similarly Situated" Younger Employees
Even so, did it apply the standard correctly? The parties agree that (1) Filar was over forty in September 1999; (2) she was meeting the school's legitimate employment expectations; and (3) she suffered an adverse employment action-three of the four elements of her prima facie case. But the parties dispute whether Filar presented a "similarly situated" younger employee who was treated more favorably. The district court rejected each of Filar's proposed comparators because, prior to Filar's displacement, each was a tenure-track teacher, not a full-time substitute like Filar. Because tenure-track teachers do not compete with full-time substitutes in terms of seniority, the court reasoned, Filar could not point to them as "similarly situated" younger employees and thus could not establish her prima facie case.
We disagree. Whether two employees are "similarly situated" is a common sense inquiry that depends on the employment context. Radue, 219 F.3d at 618. The purpose of the prima faciecase is to ensure that there is enough evidence to raise the specter of discrimination, justifying judgment for the plaintiff if the employer does not provide a legitimate business reason for its action. See Collier v. Budd Co., 66 F.3d 886, 890 (7th Cir. 1995). All things being equal, if an employer takes an action against one employee in a protected class but not another outside that class, one can infer discrimination. See Humphries v. CBOCS West, Inc., 474 F.3d 387, 405 (7th Cir. 2007). The "similarly situated" prong establishes whether all things are in fact equal. Id. To make this showing, a plaintiff need not present a doppelganger who differs only by having remained in the employer's good graces. But the comparator must still be similar enough "to eliminate confounding variables, such as differing roles, performance histories, or decision-making personnel, [so as to] isolate the critical independent variable: complaints about discrimination." Id.
Two of the comparators offered by Filar-Rydberg, 42, and Monaco, 39-were "similarly situated" younger employees for purposes of her prima faciecase. All three had taught at Foreman for roughly the same period of time. Dr. Garvey hired Filar in 1992 and he hired both Rydberg and Monaco soon thereafter while Filar was grieving her original displacement. All three were properly certified, and by all measures their duties were the same. To the extent that their certifications differed at the time that Dr. Garvey displaced Filar, it was because Filar had received her Type 09 teaching certificate in 1997 whereas Rydberg and Monaco had only attained it in 1999. In addition, Filar's Type 09 certificate had the bilingual approval whereas neither Rydberg's nor Monaco's did. Dr. Garvey supervised all three teachers, and, as far as the record shows, none had any disciplinary or performance issues at the time of Filar's displacement. Dr. Garvey considered Filar to be a good teacher; he had consistently rated Filar's performance evaluations as "Superior" or "Excellent" from 1994 through 1999. The record does not indicate what scores Rydberg and Monaco received, but given Filar's high marks we can assume for present purposes they were similar in this regard as well.
Despite these similarities, the district court considered their differences in seniority to be fatal to any showing of similarity. As the court correctly noted, full-time substitutes were less senior to tenure-track teachers for purposes of displacement. And, unlike Filar, both comparators were tenure-track teachers. In some circumstances, differences in seniority will preclude a showing that two employees are "similarly situated" or of age discrimination more generally. To the extent that seniority is a simple proxy for something like the length of employment and is something that an employer must credit when making employment decisions, differences in seniority will tend to make two employees dissimilar for purposes of the plaintiff's prima faciecase. See, e.g., Doe v. First Nat. Bank of Chicago, 865 F.2d 864, 877 (7th Cir. 1989) (crediting comparator's "long tenure" in denying that she was "similarly situated"). This is because, in making the employment decision, the employer had to credit a factor over which it had no control, and thus a finding of intentional age discrimination would be implausible given that the employer's "intent"-discriminatory or otherwise-was largely irrelevant to the decision. Had this been the case at Foreman, the district court would have been right to conclude that Filar was not "similarly situated" to tenure-track teachers.
But where seniority is unmoored from everything but the discretion of the employer, the simple fact that the comparator is more senior to the plaintiff may not be dispositive, even where the employer must credit seniority in employment decisions. An employer could exercise its discretion in conferring seniority in a discriminatory fashion, making an immediately subsequent employment action based on seniority discriminatory as well. In a related context, we have held that an "employer cannot frustrate the statute merely by assigning every employee a different job title." Bellaver v. Quanex Corp., 200 F.3d 485, 494 (7th Cir. 2000). Similarly, an employer cannot defeat a claim of discrimination by giving younger employees greater seniority rights immediately before displacing an older, but less senior, employee.
This is not to say that Dr. Garvey and the Board have done so in this case. But the district court concluded that the differences in seniority alone were sufficient to defeat a finding that Filar's comparators were "similarly situated." Given the manipulability of seniority at Foreman, this was error. Although seniority had some bite to it when a principal had to displace teachers-by rule, less senior teachers went before more senior-the conferral of seniority itself consisted of nothing more than a mine-run, discretionary personnel decision made by the principal. But see Adelman-Reyes v. Saint Xavier University, 500 F.3d 662, 667 (7th Cir. 2007) (discussing reluctance of court to get involved in tenure decisions where accompanied by "multiple layers of independent review"). In addition, as seen above, a teacher that a principal moved to a tenure-track position did not thereby obtain greater duties. Nor did the principal necessarily make the decision solely on the basis of some difference in the teachers' respective qualifications-something that might otherwise preclude a showing of "similarly situated." Whether on the tenure track or a full-time substitute, all three were teachers with, as far as the evidence shows, nearly identical responsibilities and qualifications. See Bellaver, 200 F.3d at 494 (stating that comparators and plaintiff "had the ability to perform each other's tasks, even though they had different titles and specific responsibilities"). In short, although principals are free to make seniority decisions as they see fit-just as any employer can move an employee from one job to the next-the differences in seniority here were not inconsistent with intentional discrimination, as the district court implied. As a result, in light of the other factors listed above, Filar has pointed to two "similarly situated" younger employees to establish her prima facie case.
3. The Board's Legitimate Non-Discriminatory Reason and Filar's Evidence of Pretext
Filar having established her prima facie case, the Board must articulate a legitimate business reason for displacing her and not the younger teachers. Before the district court and here on appeal, the Board has pointed to the decline in enrollment in the Polish bilingual pro-gram combined with the fact that Filar was the least senior teacher in the program. The issue now is whether this reason was pretextual. Showing pretext requires "[p]roof that the defendant's explanation is unworthy of credence." Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 147 (2000); see also Sublett v. John Wiley & Sons, Inc., 463 F.3d 731, 737 (7th Cir. 2006) ("Pretext is a 'lie, specifically a phony reason for some action.' "). The plaintiff's ultimate burden is to show that intentional age discrimination motivated the employer's action, but marshaling such evidence does not always require a smoking gun or an eyewitness to the employer's discriminatory designs; "the trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose." Reeves, 530 U.S. at 147. Thus, in certain circumstances, "a plain- tiff's prima facie case, combined with sufficient evidence to find that the employer's asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated." Id.
We conclude that Filar has presented enough evidence to undermine the Board's claim, specifically the evidence of the timing and effect of the series of personnel decisions Dr. Garvey made over the summer and fall of 1999. A jury could conclude that the only reason that Filar was the least senior full-time substitute at the time of the displacement decision was because Dr. Garvey had put her, and not the younger teachers, in that position. First, in spring 1999, Dr. Garvey knew that the demand for Polish bilingual education would decrease. An affidavit and summary chart from Rosa Vazquez, the Executive Administrator in the Department of Language of Culture, indicated that Foreman would lose one Board-funded position between 1998 and 1999, though the date of this report was the fall of 1999. In her deposition, she stated that school principals received a similar report estimating prospective demand for school programs in the spring of every school year. In addition, this information would be available "live" to school principals throughout the year. Stephen Heller, a Human Resources specialist, similarly described the staffing process as being ongoing throughout the school year, including through the use of projections. Thus, the evidence, viewed in the light most favorable to Filar, shows that in spring 1999 Dr. Garvey knew he would be losing one Board-funded position.*fn3
Second, in spring and summer 1999, Dr. Garvey made personnel decisions to move Filar from the most to the least senior full-time substitute position. At the end of the 1998 school year, Filar was still a full-time basis substitute, having a slightly longer tenure than either Rydberg or Monaco. In March 1999, Rydberg received his Type 09 certificate, though not the bilingual approvals, and on July 23, 1999 Dr. Garvey appointed Rydberg to a tenure-track position. On August 18, 1999, Monaco received her Type 09 certificate, similarly without her bilingual approvals, and on September 3, 1999, Dr. Garvey appointed her to a tenure-track position. In justifying his decisions to move Rydberg and Monaco, but not Filar, to tenure-track positions, Dr. Garvey said that it was based on his "judgment" that they were "more suited to the position." But in later explaining how he exercised this "judgment," Dr. Garvey could not recall any of the specifics. Third, on September 12, 1999, Dr. Garvey moved Filar out of a state-funded position-which would remain funded-into a Board-funded position-which would not. He then displaced Filar.
Up to this point, the evidence is consistent with both a desire to oust Filar-for whatever reason-and an intent to discriminate against her because of her age. Nonetheless, the differential treatment afforded Filar and her younger colleagues, along with the timing of Dr. Garvey's decisions, inch Filar's case forward and satisfy us that an issue of fact exists as to discrimination. First, Dr. Garvey failed to appoint Filar once she was properly certified but almost immediately appointed younger teachers to more senior positions. See Gordon v. United Airlines, Inc., 246 F.3d 878, 892 (7th Cir. 2001) ("A showing that similarly situated employees belonging to a different racial group received more favorable treatment can also serve as evidence that the employer's proffered legitimate, nondiscriminatory reason for the adverse job action was a pretext for racial discrimination."); see also Fischer v. Avanade, Inc., 519 F.3d 393, 405-06 (7th Cir. 2008). Filar had received her Type 09 certification in 1997. Despite the fact that it was fairly common for full-time substitutes to become tenure-track teachers after receiving this certification, Filar did not move once she received her Type 09 certification. But when Rydberg, 42, and Monaco, 39, received their certifications in spring and summer 1999, Dr. Garvey almost immediately made them tenure-track teachers. Filar maintained "Superior" and "Excellent" in her re-views, and in his deposition Dr. Garvey could not give any reason for failing to move Filar to the tenure track except that "he felt these [other] teachers suited [tenure-track positions] better." Because the only salient difference between Filar and the younger teachers was age, a jury could conclude that age motivated Dr. Garvey's decisions.
In addition, the timing of Dr. Garvey's appointment of Monaco and Rydberg was questionable. Both Rydberg and Monaco went from full-time substitutes to protected tenure-track teachers immediately before Dr. Garvey displaced the least senior full-time substitute. Without first making these two personnel moves, Dr. Garvey would have needed to displace a younger teacher, and not Filar. When viewed with Filar's prima facie case and the other evidence, this evidence of Dr. Garvey's seemingly strategic behavior would be sufficient to support a finding of discrimination.*fn4
The ultimate verdict in this case is by no means a foregone conclusion. A jury could conclude that Dr. Garvey just wanted to displace Filar because that was the best decision for the school. Or the jury could surmise that Dr. Garvey meant to ditch an older worker by giving younger teachers seniority immediately prior to making a seniority-based personnel decision. Because the evidence slightly preponderates towards the latter and because of the Supreme Court's "cautionary note not to grant sum-mary judgment too readily when facts are susceptible to two interpretations," Adams v. Ameritech Svces., Inc., 231 F.3d 414, 428 (7th Cir. 2000); see also Gordon, 246 F.3d at 893, granting the Board summary judgment on this claim was unwarranted, and we therefore reverse.
B. ADA Claim
Filar also appeals the district court's order granting the Board's motion for summary judgment as to her failure to accommodate claim under the Americans with Disabilities Act. The ADA prohibits "discriminat[ion] against a qualified individual with a disability because of the disability of such individual in regard to . . . terms, conditions, and other privileges of employment." 42 U.S.C. § 12112(a). Discriminating against a "qualified individual with a disability" means, as is relevant to Filar's claim, not making a "reasonable accommodation" where doing so would allow a disabled employee to "perform the essential functions of the employment position" without imposing an "undue hardship" on the employer. See 42 U.S.C. §§ 12112(b)(5)(A) (reasonable accommodation and undue hardship); 12111(8) (definition of "qualified individual with a disability"). In other words, if the employer can make reasonable changes to features of the job or the work environment so that a disabled person can work satisfactorily, the employer has to make those changes.
As discussed, Filar has an arthritic hip that makes walking long distances difficult. After Dr. Garvey displaced Filar from Foreman to the roving cadre of substitutes, she requested that the Board staff her at "one place of work with minimum walking distance from public transportation," listing Foreman High School and three other acceptable schools. Later, the Board denied her request for an accommodation. In a letter from the ADA Administrator in the Human Resources department, the Board stated that displaced cadre teachers "must report to whichever school the Substitute Center assigns [them] to on the day that [they] receive the assignment." How the cadre teacher did this was "not a matter for work-place reasonable accommodation." The Board also stated that, "as a result of the School Reform Act, Central Office cannot unilaterally assign an employee to a school as an accommodation without the acceptance and approval of the principal of the receiving school."
Filar argued below that the Board should have granted her request, but the district court disagreed. In dismissing Filar's disability claim, the court held that Filar was not a "qualified individual with a disability" because she had not "allege[d] that this hip condition substantially prohibits her from conducting her job as a teacher." And her "proximity to public transportation does not affect the way in which she teaches Polish in her capacity as a substitute teacher."
Now on appeal, Filar claims this was error. We affirm the district court's dismissal of this claim, though for different reasons. The fact that Filar's hip condition did not affect her ability to teach, which the district court credited, does not end the matter; she can still be a "qualified individual with a disability." The ADA defines this term of art as an "individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position." 42 U.S.C. § 12111(8). As the text indicates, that an employee can "perform the essential functions" of a teaching position despite her disability and "without reasonable accommodation" does not exclude her from the definition of a "qualified individual with a disability." To put it another way, an "unqualified individual with a disability" would be someone with a disability who could not do the job no matter what the employer did to reasonably accommodate. See Hammel v. Eau Galle Cheese Factory, 407 F.3d 852, 862 (7th Cir. 2005).
Instead, the question is whether her requested accommodation was reasonable, and we don't think it was. The ADA does not exhaustively define a "reasonable accommodation," though the term "may include . . . making existing facilities used by employees readily accessible to and usable by individuals with disabilities." 42 U.S.C. § 12111(9)(A). Because walking long distances from the bus stop makes it difficult to access certain schools, Filar argues that her request was for something akin to this type of accommodation. In support of her claim, she cites to this Court's decision in EEOC v. Sears Roebuck & Co., 417 F.3d 789 (7th Cir. 2005). In Sears Roebuck, we held that an employer had not done enough to make the disabled employee's work station accessible to her. Due to her disability, the plaintiff had problems walking long distances. When one supervisor told her she could use a shortcut through another department or eat in a stockroom near her work station, a different supervisor would either rescind the offer or discipline the plaintiff for her actions. In addition, Sears gave the plaintiff a parking spot reserved for disabled employees, but it did nothing to shorten her walk to her work station. Something more, we held, was necessary: "these were not reasonable accommodations because they did not consistently or effectively make the Sears facility accessible to" the plaintiff. Reasoning by analogy, Filar urges us to reach the same conclusion here, saying that her workplace-any one of the schools she would need to work in on any given day-was similarly inaccessible unless near a bus stop.
At the highest level of abstraction, Filar's claim has some surface appeal. In addition to the obligations discussed in Sears Roebuck,this Court has held that reassignment to a vacant position can be part of the employer's obligation to reasonably accommodate. See DePaoli v. Abbott Laboratories, 140 F.3d 668, 675 (7th Cir. 1998). Without knowing the particulars of the Board's cadre-assignment policies, Filar might appear to be requesting just such a "reassignment," only to a specific subset of the schools in the Chicago Public Schools that would be "accessible" to public transportation.
But three aspects of the request convince us that it was just not reasonable. First, based on the requirements of a cadre substitute, Filar's request would have amounted to preferential treatment, which the ADA does not require. Williams v. United Ins. Co. of America, 253 F.3d 280, 282 (7th Cir. 2001). The collective bargaining agreement between the Board and the Chicago Teachers Union requires cadre teachers to be "continuously available to perform substitute service" and to "accept all assignments in any and every school" as they became available. Under the ADA, an "employer is not required to give the disabled employee preferential treatment, as by . . . waiving his normal requirements for the job in question." Williams, 253 F.3d at 282. Here, Filar was in essence requesting to opt out of the cadre-assignment system; she only wanted "one place to work" and not to be subjected to the far-reaching assignment system applicable to cadre substitutes, which may have made access to the schools difficult. Nor would she be "available" as a substitute in the event that she was assigned to a school that did not fit her request. This falls well short of the cadre substitutes' obligations and is thus more than the ADA requires of the Board.
Second, the Board did not have the authority to assign a cadre substitute to "one place to work." Under the collective bargaining agreement, the Board itself was not responsible for slotting teachers at particular schools. Instead, the cadre substitute would be "given the opportunity to apply and be interviewed for vacant positions." And the principal could select a member of the cadre to be a full-time substitute "at any time . . . to fill an existing vacancy." The principal's personnel decisions, as discussed in the previous section, resulted largely from the discretion he or she enjoyed. The Board could not require a principal to take a particular cadre substitute, as Filar requested.
Finally, even assuming that something could be arranged with Filar under the collective bargaining agreement, the administrative burden posed by Filar's request would have been prohibitively weighty. The plaintiff must make a prima facie showing "that the accommodation is reasonable in the sense both of efficacious and of proportional to costs." Oconomowoc Residential Programs v. City of Milwaukee, 300 F.3d 775, 784 (7th Cir. 2002). The initial showing made by Filar in her request for an accommodation was simply too barebones to show that the request was reasonable. There are at least 655 public schools in the Chicago Public Schools system, including 116 high schools. See CPS At A Glance, http:// www.cps.k12.il.us/AtAGlance.html (last visited May 14, 2008). And the CTA has approximately 2000 buses that operate over 154 routes with 12,000 bus stops. See CTA Overview, http://www.transitchicago.com/ welcome/overview.html (last visited May 14, 2008). In her request for accommodation and her appeal before this Court, Filar has not given any indication of how many of the 116 high schools would qualify besides the four that she listed in her request for an accommodation. Thus, the Board had the option of either assigning her to one of the four schools she requested-in violation of the collective bargaining agreement-or researching those schools in the City that satisfied her needs-a costly task. Neither option is reasonable. For all these reasons, the district court did not err in rejecting Filar's ADA claim.
III. Conclusion
For the foregoing reasons, we REVERSE the district court's order of summary judgment as to Filar's age discrimination claim and AFFIRM the district court's order of summary judgment as to Filar's disability claim.
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Gateway Greening's Perfect Picks
Gateway Greening, St. Louis' expert in community gardening, is making it easier for all of St. Louis to garden this year.
Gateway Greening has selected the perfect vegetable and herb picks for growing in the St. Louis area. What can be better than that? How about the grower, Crown Valley Organics, donating 18 cents to Gateway Greening, for every plant unit sold! These picks are proven to be the easiest to grow and produce an abundance of harvest. By shopping Gateway Greening's Perfect Picks, you are supporting local garden centers and Gateway Greening all while turning that thumb of yours into a wonderful shade of green!
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subset: commoncrawl


text:
The Affraid of getting close? Test
Perfection hasa name
All possible test results
You know what u like
well you know what u want and how to get it but you dont trust people enough to let them in. Read more
need some help.
you should see if you can put yourself in situations where you can experience new people and get use to others. one thing we can say about you is very secure bout yourself. Read more
Damn shame
you are very insecure so you block everyone out and think you only need to depend on yourself for love and securety...well guess what some day you'll need someone. wouldn't you like it to be someone y... Read more
your open enough
just because you let someone between you legs doesn't mean that your not insecure. you still need to talk to people indepth ya' know. Read more
your trying
well your trying to let people in a little bit. you keep um' at bound so not to get too close. Read more
sexually inept
well you'll let someone between your legs but not in your heart. so... good for you? umm... see talk to um before you sleep with them..ok? Read more
well your quite devoted and only slightly insecure. we have great hopes for you. Read more
well your quite devoted and only slightly insecure. we have great hopes for you. Read more
well your quite devoted and only slightly insecure. we have great hopes for you. Read more
Quite perfect
hmmmmm. well you let people in you legs and heart. It's very interstin to know people like you still exist. You should rub off on more people. Read more
well you scored high on everything that tells me one of two things that you either know what to say to a test or there really is devotion out there Read more
well you know exactully what you want but your too scared to let it happen. Read more
you sound like the perfect mate... maybe a little too good to be true.maybe you should get a little bit of experience and come back. Read more
Up in comin
Well your on the right track now all you need is a little bit of experience under your belt and you'll do great. Read more
Up and coming.
Well your on the right track now all you need is a little bit of experience under your belt and you'll do great. Read more
Perfection hasa name
well you have everything. ur confident and you are devoted to your segnificant other. Read more
Perfection hasa name
well you have everything. ur confident and you are devoted to your segnificant other. where can i pick me one up? Read more
well your comited but your very affraid that they'll cheat on you. You open your legs not necessarily your hear. Read more
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Featured Post from Frugal Lifestyle? Can I Keep Up With Myself
A good price increaseby, 06-15-2009 at 07:41 PM (Frugal Lifestyle? Can I Keep Up With Myself)
In the last week or so the prices for the bus have gone up which is a good thing as i can finally start making change, the prices used to be 1.80 on-way so everytime i paid with £2 i would always get .20 change and they built up so quickly then they upped the price to 2.00 exact so no change and my change pot started looking a little weak - until now they put the price up to 2.10 and now i pay 2.5 so ican claim my change and ive already got a lot of change to add to my pot
I like a ...


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Today, in an attempt to spice things up a bit, my boyfriend and I discovered he takes it in the butt better than I do. FML
by anal-retentive / 06/23/2016 at 4:00pm / United States / Intimacy
Today, I might have ruined my co-worker's relationship with her fiancé, with whom I share a name, because we "work together too often" and now he doesn't know who's she's saying during sex. FML
by Anonymous / 06/20/2016 at 9:59pm / United States (New York) / Intimacy
Today, my flatmate came home from a date with the same guy that I have been in love with since high school. As I type, can hear them having sex through our paper thin walls. FML
by AlphonseMuchacha / 06/18/2016 at 9:16pm / Australia / Intimacy
Today, my boyfriend took me to get the abortion that we both agreed on. He was being so supportive through the whole thing. When it was all over I thanked him for coming. He replied, "Well that's what got us here in the first place!" He's still mad he can't tell anyone his joke. FML
by thatgirl / 06/18/2016 at 5:19pm / Canada (British Columbia) / Intimacy
Today, my parents left on vacation for the week. Taking advantage of my freedom, I was planning on having my boyfriend over. My grandparents just showed up as they 'thought I would be lonely'. I can't get rid of them. Looks like I'm not having any fun this week. FML
by notsoaloneanymore / 06/17/2016 at 12:32am / Canada (Ontario) / Intimacy
Today, we ran out of our disposal gloves at work. After saying how grossed out I was about having to touch raw chicken with my bare hands, my female boss goes, "Just imagine you're touching yourself. That's what I do." Even more grossed out now. FML
by RayniDae / 06/15/2016 at 4:08pm / United States (Ohio) / Intimacy
Today, my boyfriend and I decided to mix it up and find a good place outdoors to have fun. After an hour of climbing up a rocky mountainside to a completely isolated clearing, out of the way of any hiking path, he was still so paranoid that he finished within 20 seconds. FML
by Welpthatwasfast / 06/10/2016 at 3:57am / Intimacy
Today, I was eating breakfast when my little brother goes, "Mommy, what do you do for a living?" and my mom says "I'm a headmaster", and my dad goes, "Oh yeah she is." FML
by Anonymous / 06/07/2016 at 10:09pm / United States (New York) / Intimacy
Today, my girlfriend got pissed because she thought she heard me masturbating in the bathroom. I was brushing my teeth. FML
by PerfectBoyfriend / 06/07/2016 at 12:38pm / Belgium (Antwerpen) / Intimacy
Today, at the healthy age of 26, I broke my hip during sex. FML
by Nothanks / 06/05/2016 at 10:43pm / Intimacy
Today, I was added to a random group chat. They were planning to film a porno and each member sent a nude. They were all grannies. FML
by PumaGator / 06/04/2016 at 4:39pm / Intimacy
Today, my husband returned from being away for two weeks. I eagerly got myself ready and sent him a risqué picture so he would come to bed. An hour later, he's on the couch playing Xbox with the message already seen. FML
by ChopSuey / 06/01/2016 at 12:02am / United States (Louisiana) / Intimacy
Today, my dad asked my brother not to use his shaver so late at night. That wasn't him, and it wasn't his shaver either. FML
by Anonymous / 05/31/2016 at 12:11pm / United States (Georgia) / Intimacy


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Online source for the vintage guitar enthusiast offering online guitar appraisals, articles and information, and a vintage guitar serial number database.
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See More: Publications
2013 Year-End Tax Planning Letter
Tax planning is inherently complex, with the most powerful tax strategies often relying as much on clairvoyance as they do calculations. As 2013 begins to wind down, the need for a crystal ball lessens, and the ability to strategize with more certainty is upon us. This developing certainty provides us with an opportunity to better help our clients manage tax liabilities through tax planning techniques.
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text:
Farewell to Shane
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I can honestly say I never liked him, never trusted him, and never understood the positive fan reaction many people had toward him, especially female viewers. But let's all bid farewell to Shane after his long journey. Thoughts?


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RS2,00,000 To 2,50,000Mumbai, Mumbai Suburb, Thane, Navi Mumbai
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We had a wonderful time during our stay in one of Chris´s apartments. The apartment is very clean and comfortable and perfect to a group of 5-6 people, few steps away from Union Square. I will surely be back. I recommend to everyone!!
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text:
This colorway comes straight out of our Monday morning staff meeting: coffee, laptops, and note-taking. Tones of black and silver gray over cream join coffee-stain brown and random splatters of teal and green.
While we call this a 'Repeatable Babette', every skein and every batch is a little bit different. This colorway is also highly variable, so feel free to give us a call for a current description of what we have, or if you have any questions about the color.
Our most luxurious blend of cashmere and silk, Sojourn is incredibly soft, with a bit of a sheen and halo. This fingering weight yarn will be lovely in your most special projects.
Size: 200 yd / 1.6 oz (183m / 45g) skeins
Content: 65% cashmere, 35% silk.
Gauge: Fingering weight. 7-8 stitches per inch on US 1-3, variable in lace knitting.
Care Instructions: Hand wash, dry flat.


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Product Description
Jack (Andrew McCarthy) is an executive in a financial brokerage firm trying to impress the firm's president, Drew Clayton (Chris Gillett), in hopes of a promotion. However, Jack is dating the fabulously rich and elegant Demi Clayton (Stephanie Mills), who happens to be Drew's daughter. Although Demi's mother Clarisse (Jane Moffat) doesn't necessarily approve of Jack and would prefer her daughter to date a man within their social circle, Jack still plans on proposing. Trying to create the perfect proposal, Jack signs up for dance lessons in preparation for his proposal to Demi at her father's lavish annual Christmas Dance. But when sparks start to fly between Jack and his dance instructor, Christine (Michelle Nolden), Jack will have to make some important decisions before it is too late.
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Check in from 14h / Check out prior to 10h
Alice Springs Airport Motel: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Alice Springs, Australia.
The motel is situated in Alice Springs and is close to Alice Springs Reptile Centre. It also provides an airport shuttle, an outdoor pool and a tour desk.
Hotel description
There are a variety of amenities at Alice Springs Airport Motel that guests can enjoy, including laundry facilities, luggage storage and a golf course. A Wi-Fi connection is also available.
All the modern rooms at Alice Springs Airport Motel provide wireless internet access, plus all the necessities for an enjoyable stay.
The motel has easy access to Alice Springs Desert Park, the Old Ghan Heritage Railway and Museum and The Residency Alice Springs. It is also within walking distance of Alice Springs Convention Centre and Lasseters Hotel Casino.
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Air Conditioned, Non-Smoking Rooms, TV
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Journal of Comparative Physiology A
Neuroethology, Sensory, Neural, and Behavioral Physiology
The Journal of Comparative Physiology A presents original articles and short reviews that add to understanding of mechanisms of physiology, at the organismic, cellular or molecular levels of organization. Topics include Neurobiology, Neuroethology, Sensory physiology, Sensory ecology, Physiological basis of behavior, Hormonal control of behavior, Communication, Orientation, Locomotion, Functional neuroanatomy and more.
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Factors influencing aversive learning in the oriental fruit fly, Bactrocera dorsalis
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Behavioral responses of zebrafish depend on the type of threatening chemical cues
Murilo S. Abreu, Ana Cristina V. Giacomini… (December 2016)
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Budgerigars (Melopsittacus undulatus) do not hear infrasound: the audiogram from 8 Hz to 10 kHz
Henry E. Heffner, Gimseong Koay, Rickye S. Heffner (December 2016)
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International WaterCentre
IWC hosts Australian Award Fellows from Sri Lanka
Posted Dec 05, 2016 01:20 AM
The International WaterCentre (IWC) hosted 14 water professionals from Sri Lanka as part of a five-week training program in integrated groundwater management under the Australian Awards Fellowship program.
Actions for a water-secure world: Budapest Water Summit 2016
Posted Dec 01, 2016 11:16 AM
International WaterCentre CEO, Mark Pascoe attended the Budapest Water Summit 2016 in Hungary 28 - 30 November, presenting at the DroughtAction side event on 30 November.
Improving community health through marketing exchanges: A participatory action research study on WASH in three Melanesian countries
Posted Dec 01, 2016 10:30 AM
Research findings from the Community Water and Sanitation in the Pacific: Fostering Sustainable WASH Marketplaces applied research project have been published in the December edition of the Social Science and Medicine Journal.


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Stone Fence Resort Motel Ogdensburg 2 star Hotel
7191 STATE HIGHWAY 37 - 13669 Ogdensburg - See on map
This hotel is the closest to Ogdensburg Situated on the shores of the saint lawrenceriver where you can enjoy the sandy beach,seasonal heated outdoor pool, tennis andbasketball courts, putting green, children s playarea, boating, canoeing, ...More Info
Quality Inn Gran-View 2 star Hotel
6765 State Hwy. 37 - 13669 Ogdensburg - See on map
Quality Inn Gran-View is close to Ogdensburg The Quality Inn Gran View is located in Ogdensburg, N.Y., alongside the St. Lawrence River. The hotel is within three miles of the Frederic Remington Art Museum and the St. Lawrence Seaway Project. Th...More Info
Best Western White House Inn 2 star Hotel
1843 Highway 2 East - Ogdensburg - See on map
Located on the St. Lawrence River, this Brockville, Ontario hotel offers convenient access to a variety of local attractions, outdoor activities and corporate locations. Enjoy a peaceful and quiet a...More Info
White House Inn 2 star Hotel
1843 County Road 2 East ON - k6v5t1 Ogdensburg - See on map
The White House Inn is located in Brockville (ON) making it one of the best hotels to stay at while in town.The White House Inn boasts a convenient location with modern amenities in every guestroom an...More Info
St. Lawrence Residence & Conference Centre - Brockville 2 star Hotel
60 Magedoma Boulevard - K6V 7N7 Ogdensburg - See on map
St. Lawrence Residence & Conference Centre - Brockville is located in Brockville, Ontario, Canada. Hotel Features. Complimentary breakfasts Complimentary high-speed Internet access Business serv...More Info
Quality Htl N Conf Ctr Royal Br 3 star Hotel
100 STEWART BOULEVARD - K6V4W3 Ogdensburg - See on map
This hotel has all of the amenities of a big city hotel, Quality Executive rooms, In-house sports, Blue, heated pool, Restaurant and lounge. City of 1000 Islands cruises available....More Info
Quality Hotel & Conference Centre Royal Brock 2 star Hotel
100 Stewart Boulevard - K6V 4W3 Ogdensburg - See on map
Discover all that Brockville (ON) has to offer with Quality Hotel & Conference Centre Royal Brockville as a base.The Quality Hotel & Conference Centre Royal Brockville boasts a convenient location wit...More Info
Days Inn Brockville 2 star Hotel
160 Stewart Boulevard - K6V 4W6 Ogdensburg - See on map
Treasure Island Condominiums are located at the South end of fabulous Seven Mile Beach, and just North of Georgetown, the capital of the Cayman Islands. These condominiums are located on the ocean sid...More Info
Comfort Inn Brockville Hotel 2 star Hotel
7777 Kent Blvd. - K6V 6N7 Ogdensburg - See on map
The Comfort Inn Brockville is located in Brockville, Canada. Hotel Features Complimentary breakfast Complimentary newspapers in lobby 24-hour front desk ...More Info
Holiday Inn Express Hotel & Suites Brockville 2 star Hotel
7815 Kent Boulevard - K6V 6N7 Ogdensburg - See on map
Welcome to the Holiday Inn Express And Suites Brockville Ontario; the newest hotel addition to Brockville area. The hotel is conveniently located off Hwy 401 close to all the attractions that Brockvil...More Info
Travelodge Brockville 2 star Hotel
7789 Kent Boulevard - K6V 6N7 Ogdensburg - See on map
The Brockville Travelodge is located in the City of Thousand Islands in Brockville, Ontario, Canada. Historic Fulford Estate is two kilometers from the hotel, and Fort Wellington is 12 kilometers away...More Info
Comfort Suites Canton 2 star Hotel
6000 Us Highway 11 - 13617 Ogdensburg - See on map
Comfort Suites Canton is located in Canton, New York. Hotel Features. Complimentary continental breakfasts Indoor pool Spa tub Complimentary wireless Internet access Cable television Compli...More Info
Scottish Inns Potsdam 2 star Hotel
7575 US Highway 11 - NY 13676 Ogdensburg - See on map
This cozy inn is located in Potsdam, New York near the Adirondack Mountains and one mile from Clarkson University. It offers a continental breakfast, free Wi-Fi and spacious rooms....More Info
New Bliss Oasis-Gîte du Passant 3 star Hotel
62 County Road 16 - K0G 1G0 Ogdensburg - See on map
This country-themed bed and breakfast in Jasper, Ontario, is located on Highway 16 and features an on-site healing centre. Guests can also enjoy the above-ground pool and a hot tub. Free Wi-Fi, beaut...More Info
Howard Johnson Inn Kemptville 3 star Hotel
4022 County Road 43 East - K0G 1J0 Ogdensburg - See on map
Welcome to the Howard Johnson Kemptville, we are located 30 minutes south of Ottawa at the cross roads of Hwy 416 and 43. On-site you will find wireless high speed internet access, 20 inch televisio...More Info
Montague House 4 star Hotel
482 Queen Street - K7A 5B8 Ogdensburg - See on map
This Smiths Falls bed and breakfast is less than 2 km from County Fair Mall. It offers a daily breakfast, on-site canoe rentals and a seasonal outdoor pool. A small seating area is furnished in each...More Info
Comfort Inn Smiths Falls 2 star Hotel
33 Centre Street - K7A 3B8 Ogdensburg - See on map
The Comfort Inn Smiths Falls is located in Smiths Falls, Ontario, Canada, near the Rideau Canal Museum and the Hershey's Visitors Center. A golf course, river cruises and parks offer nearby recreation...More Info
Rogers Motel 1 star Hotel
178 Lombard Street - K7A 5B8 Ogdensburg - See on map
Located on the banks of the Rideau Canal, this motel offers a daily breakfast. A flat-screen TV and free Wi-Fi is provided in all rooms. Victoria Park is just 1.2 km away. A microwave and fridge are ...More Info
Best Western Colonel By Inn 0 star Hotel
88 Lombard St. - K7A 4G5 Ogdensburg - See on map
This Smiths Falls, Ontario hotel provides modern conveniences in a picturesque riverfront setting. The Best Western Colonel By Inn is conveniently located on the Rideau River in the tranquil town of S...More Info
EconoLodge Massena 2 star Hotel
15054 State Highway 37 - NY 13662 Ogdensburg - See on map
This property is approximately six miles from Massena International Richards Field Airport. Local attractions include St. Lawrence Centre Arena and Mall, Robert Moses State Park, Eisenhower Locks, and...More Info
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United States District Court, M.D. Pennsylvania
April 20, 2015
CPG INTERNATIONAL LLC, Plaintiffv.WILLIAM NICHOLAS GEORGELIS, Defendant.
JAMES M. MUNLEY, District Judge.
AND NOW, to wit, this 20th day of April 2015, it is hereby ORDERED that:
1. Plaintiff CPG International, LLC's (hereinafter "CPG") request for a permanent injunction is GRANTED to the extent that, for a period of one year, to run from the date of this order, Defendant William Georgelis (hereinafter "Georgelis") is barred from selling or supervising the selling of any products that compete with products manufactured and sold by CPG as of December 18, 2014,
A. within the same territory for which Georgelis was responsible while employed by CPG, or
B. to any customers located within that same territory or whose accounts Georgelis handled or would have handled for CPG; and
2. The Clerk of Court shall enter judgment in favor of the plaintiff; and
3. The Clerk of Court is directed to close this case.
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1st Screen Lock
1st Screen Lock is a password-protected desktop security utility that lets you lock your desktop with a password on boot, or at the time you are leaving your PC. You can use the built-in spy utility that works in background and enables you to spy on your PC users by fixing all user moves in a log file. This is very useful, when you need to know what your children or personnel do at the time you are away.Visit publisher site: 1st Screen Lock
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Chennai, May 23: The colour green dominated J. Jayalalithaa's swearing-in as the Tamil Nadu chief minister on Saturday as her saree, the ring on her finger and the backdrop of the stage were all in green.
Jayalalithaa wore a dark green colour saree for the occasion and had a ring with a big green stone. She signed with a green-coloured pen after being sworn-in.
Her close aide Sasikala too wore a green-coloured saree.
Also read: Updates: Jayalalithaa takes oath as Tamil Nadu CM for 5th time
It was not immediately clear why all this was in green.


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Möchtest du als deine Standardwährung festlegen oder nur für diese Sitzung behalten?
The staff was amazing! Everyone was super friendly. The pool and building was a very luxurious setting. They offered house keeping twice a day. I loved the smell of the shampoos.
The front desk staff, one of the housekeeping staff (an older woman), and two of the pool staff (cook and young female server) were very helpful and friendly. The location of the hotel was convenient. I have never stayed in a four or five star hotel (and certainly not a Fairmont or Hilton) that allowed animals. Many people staying at the hotel had dogs, which were highly visible in the front lobby and hallways of the hotel.
Excellent location. A purpose dedicated skiing facility and the only place worth staying if sking at Mount Tremblant.
Location location location! Ski in and ski out from hotel. Lots of restaurants choices. However we ended up having every meal at the hotel because it was convenient and the meals were delicious. Kids menu was extensive with lots of variety and very healthy options! Everything was right at the hotel. Village was within walking distance, spa and outdoor pool. Service was slow and staff were fairly rude except the room housekeeper! She was friendly and super helpful.
Absolutely wonderful hotel and very hospitable and friendly staff (specifically Mirlandys at the front desk is phenomenal!). Always my go-to when coming to Tremblant in terms of the ease of ski in and ski out, wonderful outdoor jacuzzis and heated pools to unwind in after a day of skiing, and generally an extremely pleasant experience. Can't wait to come back soon :)
good location,very good recreation facilities and swimming pool allowing dogs in the hotel
The rooms were large and very clean. Excellent location close to the ski hills.
I loved everything it totally rocked. A must stay if going to area. none
The rate was great and it includes breakfast, the hotel is very convenient to the village, we can walk. It is clean and quiet and very comfortable No complaints
The location and the comfort of this hotel. It is very near of the village on the mountain with a good price. Nothing
Near ski resort
Don't bother
Room was clean. Staff were helpful.
Great view, good restaurants and bar walking distance. Very nice sauna and pools including one outside which is open year round. Breakfast offers very little. Only the pancake was good and it took forever to get one.
The location The staff is very rude.They hardly speak any English and they have no respect for the clients
Bilingual staff was friendly and helpful. The hotel was clean and comfortable with easy access, a nice pool, and a nice breakfast. Information about area activities was plentiful We did not have any unresolved issues. Guests were a mixture of French and English speaking.
Ein grandioser Blick auf den See und die Berge lassen gleich das perfekte Urlaubsfeeling aufkommen. Sehr netter Service, schoener Poolbereich und nach wenigen Schritten, gepflegte Gruenanlagen mit Zugang zum See und Badebruecke. Der Indoorpool hatte nur abends von 18-21 Uhr geoeffnet.
Lage des Hotels ist ausgezeichnet. Die Appartements eignen sich primär für Familien. Es ist nicht ein Hotel im üblichen Sinne. Die Appartements (Condos in Englisch) sind auf rund ein Dutzend Häuser verteilt. Im eigentlichen Hotelbau hat es nebst der Reception, dem Wellnessbereich und den Speise- und Konferenzräumen nur wenige Zimmer. Zudem hatten wir ein Condo im Untergeschoss eines Hauses (nahezu Kelleratmospähre).
This guest did not leave comments about this hotel.
Location and exterior look.
Location, pool, hot tub, breakfast
location The Breakfast food was just ok. cold and dried out and not a lot of selection.
I didn't like how the bed sheets felt like hospital sheets. I paid for a 2 floor suite and got little for the money I paid. Brunch was ok. Concierge was great at helping us out with everything.
The courteous staff The location The amenities The view from the room onto the village The lack of free parking nearby
Location, clean swimming pool and spa, included breakfast and a good size room with a nice view were the best aspects of this hotel. Paying for parking was not likable. Also the first room we were offered was not that good, but when we asked for a change they gave us a very good one. And the room cleaning service was just ok.
Outdoor hot pool, great service, great view, breakfast included, noon checkout. Bed was a little hard.
This guest did not leave comments about this hotel.
Everything at this hotel was great. super front desk staff, good breakfast, very nice room....
This guest did not leave comments about this hotel.
Close to ski lifts, underground parking, handy man on staff was super lovely Sol a queen bed, checked into suite with a double, staff at front desk leave you waiting long time, phoned in advance to see if kitchen came with an oven - told no and arrive to find an oven, missed cleaning room last day, never enough towels for # guests


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April 13, 2010
DERLING HODGSON-ROMAIN, ET AL., APPELLANTS,v.WILLIE HUNTER, ET AL., RESPONDENTS (AND A THIRD-PARTY ACTION).
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief and by stipulation dated May 26, 2009, from so much of an order of the Supreme Court, Queens County (Elliot, J.), entered September 29, 2008, as granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
STEVEN W. FISHER, J.P., HOWARD MILLER, RANDALL T. ENG and L. PRISCILLA HALL, JJ.
(Index No. 23678/06)
ORDERED that the order is affirmed insofar as appealed from, with costs.
An owner's liability for a dog bite or attack is determined solely by application of the rule of strict liability for harm caused by a domestic animal whose owner knows or should have known of the animal's vicious propensities (see Petrone v Fernandez, 12 NY3d 546, 550; Collier v Zambito, 1 NY3d 444, 446-447; Levine v Kadison, 70 AD3d 651). Evidence tending to prove that a dog has vicious propensities includes a prior attack, the dog's tendency to growl, snap, or bare its teeth, the manner in which the dog was restrained, and a proclivity to act in a way that puts others at risk of harm (see Bard v Jahnke, 6 NY3d 592, 597; Feit v Wehrli, 67 AD3d 729; Galgano v Town of N. Hempstead, 41 AD3d 536).
Here, the defendants made a prima facie showing of their entitlement to judgment as a matter of law by presenting evidence that the dog was a playful animal, and that they had no knowledge that the dog had ever growled at, chased, bitten, or attacked anyone (see Levine v Kadison, 70 AD3d at 652; Palumbo v Nikirk, 59 AD3d 691; Galgano v Town of N. Hempstead, 41 AD3d 536; Claps v Animal Haven, Inc., 34 AD3d 715). In opposition, the plaintiffs failed to raise a triable issue of fact. The affidavits of the plaintiffs and the injured plaintiff's mother raised only feigned issues of fact designed to avoid the consequences of the plaintiffs' earlier deposition testimony (see Blochl v RT Long Is. Franchise, LLC, 70 AD3d 993; Levine v Kadison, 70 AD3d at 652; Knox v United Christian Church of God, Inc., 65 AD3d 1017; Hunt v Meyers, 63 AD3d 685, 686).
FISHER, J.P., MILLER, ENG and HALL, JJ., concur.
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- anonim
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- Acemi Göçebe
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Wasn't impressed! Wouldn't recommend. Laundry had to pay for. "Cooking facilities" was a microwave in a grubby kitchen. We stayed at a weekend when the red bull air race was on so that could explain the price, still was extortionate for the quality. If someone put a light on it would light up all the other rooms. If your looking for a place to sleep and aren't to bothered about cleanliness then it would be okay for a night or two. not recommended! And the showers smelt... Of fish, consta
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CHICAGO — The National Cattlemen's Beef Association here has offered its "Beef Training Camp" program for four years now, but only recently has it taken its efforts online. Since converting into an electronic format in October, page views of the Beef Training Camp page have doubled. "Nearly all of the major retailers have either conducted a Beef Training Camp session or have incorporated Beef Training Camp into their own training programs," said Randy Irion, director of retail marketing for ...
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