text:
U.S. Equal Employment
Opportunity Commission
Meeting of November 20, 2008 – Employment Discrimination Faced by Individuals with Arrest and Conviction Records
Madam Chair and Commissioners, thank you for the opportunity to participate in this important meeting on employment discrimination faced by the growing numbers of individuals with criminal records in this country. My name is Laura Moskowitz, and I am a Staff Attorney with the National Employment Law Project. Our organization has a Second Chance Labor Project that works to reduce unfair barriers to employment of people with arrest and conviction histories. We partner with formerly incarcerated people, unions, policymakers, and other advocates in this work.
We have been asked to comment on employer practices today. I will start by reviewing the current landscape for employment criminal background checks, and then discuss our views on best practices in terms of employer consideration of arrest and conviction histories, and how the Commission could provide more guidance to employers in these areas. I will also highlight the "Ban the Box" movement, where public employers are leading the way toward less discriminatory hiring policies, and I will note some of the assistance available for employers in hiring people with criminal records.
The context in which both workers and employers are grappling with issues surrounding employment of people with criminal records has changed dramatically in the decades since the Commission adopted the existing guidances on employer consideration of arrests and convictions.1 This is due primarily to the exponential growth in the number of people who have had contact with the criminal justice system, and in the number of employers conducting criminal background checks, especially since September 11, 2001.
An estimated one out of five adults in the United States now has a criminal record that will show up on a routine employment background check.2These records overwhelmingly involve non-violent crime,3 and often consist solely of an arrest that did not lead to conviction4 or a conviction for a minor, non-serious offense.5 Many of these individuals have never served time in prison,6 and have successfully completed terms of probation and paid off fines.
Incarceration rates, which are tracked more consistently than data involving arrests that do not lead to conviction and sentencing for minor offenses, are a barometer for measuring Americans' involvement in the criminal justice system. Incarceration rates have increased seven-fold since 1974.7 Approximately one in 100 American adults are incarcerated,8 and 650,000 people return home from state or federal prison each year.9
Nearly two-thirds of those released from incarceration each year have served time for nonviolent property or drug offenses.10
In addition, the percentage of large employers conducting criminal background checks has risen from 51% in 1996 to 80% in 2003.11 Many states make criminal record information widely available to the public on the Internet,12 and the private background check industry conducts millions of background checks for employers each year.13 One commercial data provider has even started listing 50-state criminal record information online for free, despite complaints about the accuracy of these records.14 Employers are often bombarded with information about their potential liability for negligent hiring,15 but they receive little guidance on how to make sound and fair hiring decisions that comply with Title VII.16
Why does this concern the EEOC, and why does the Commission have such a critical role to play in these issues? As the Commission recognized in its existing guidances on employer consideration of arrests and convictions, the stark racial disparities in our criminal justice system mean that hiring policies that screen for criminal records will have a disparate impact on African Americans and Latinos, classes of workers that the Commission is charged with protecting under Title VII of the Civil Rights Act of 1964.17
The Commission's recently launched E-RACE Initiative has further identified that facially neutral employment screening on the basis of arrest and conviction records may "significantly disadvantag[e] applicants and employees on the basis of race."18
Current racial disparity statistics reflect the ongoing and amplified nature of this problem. Although African Americans make up about 12% of the U.S. population,19 they account for about 28% of all those arrested,20 and 39% of prison and jail inmates.21 According to a major study in Minneapolis, African Americans are 15 times more likely than whites to be arrested for low-level offenses.22 Overall, African Americans are incarcerated at a rate six times that of whites.23
Latinos are incarcerated at a rate more than twice that of whites.24 Latinos constitute close to 15% of the overall population,25 and almost 20% of the prison and jail population.26 It is estimated that Latinos are three times more likely to be arrested than whites.27
Native Americans (a minority group not mentioned in the current policy guidances)28 are also disproportionately affected by the criminal justice system. American Indians and Alaskan Natives only constitute .8% of the U.S. population,29 but they are 1.3% of those arrested.30 The incarceration rate of Native Americans is 38% higher than the national rate.31
Based on current incarceration rates, Black males have a 32% chance of serving time in prison during their lifetime, Latino males have a 17% chance, and white males have a 6% chance.32 The Pew Center on the States recently reported some of the starkest figures, showing that one in nine African American men between the ages of 20 and 34 are incarcerated.33 These racial disparities are largely rooted in law enforcement practices that disproportionately target people of color, such as the war on drugs, causing higher arrest and conviction rates in some minority communities.34 President-elect Obama has expressed concern over these racial disparities, and has included the need to improve employment outcomes for people with criminal records in his civil rights agenda.35
The Commission has also heard from two of the leading researchers looking at the intersection of criminal records and employment, Devah Pager and Shawn Bushway. Their research has been groundbreaking in showing both the severity of the "mark of a criminal record" for applicants seeking employment,36 and the serious limitations of using a prior conviction as a predictor of future criminal activity.37 Their research helps inform policy decisions in this area with respect to EEOC guidance for employers.
We believe that the confluence of these factors – increased numbers of Americans with criminal records, the racial disparities in the criminal justice system, and employer practices that screen out applicants with a criminal record – disproportionately exclude minority applicants from employment. Thus, it is critical that the EEOC continue to provide guidance to employers and applicants regarding Title VII's mandates in this new era of employment criminal background checks. In light of the dramatic changes since the adoption of the most recent guidances, and the view of one federal appellate court that the current guidelines do not adequately analyze the statute,38 we strongly encourage the EEOC to issue updated guidelines that establish fair and reasonable standards for employer consideration of arrest and conviction histories and uphold the commitment embodied in Title VII to eliminate race discrimination in the workplace.
The Commission has already recognized that "since the use of arrest records as an absolute bar to employment has a disparate impact on some protected groups, such records alone cannot be used to routinely exclude persons from employment."39 We believe the Commission should adopt the view of a substantial number of states that arrest records are not permissible lines of inquiry, both because of the disparate racial impact and because of the difficulty and confusion involved in employer consideration of arrest records.
The Commission has noted that arrest records, unlike conviction records, are not reliable evidence that a person actually committed a crime.40 An arrest is an allegation, not conduct that has been proven to have occurred "beyond a reasonable doubt" as required in the criminal justice system. As the Commission observed in the examples provided in the current arrest guidance, arrests are often the result of mistaken identity or the complaining party's false accusations.
As mentioned earlier, arrests often do not lead to conviction.41 Civil rights groups have further noted particular law enforcement practices that have resulted in racially disparate arrest rates, including the war on drugs' focus on enforcement in some minority neighborhoods and the racial profiling involved in traffic stops.42 Moreover, arrest records present significant challenges for employers to interpret because disposition information, such as the fact that the charges have been dropped or the individual has been convicted of a much lesser offense, is frequently missing.43
The Commission further observed in the current arrest guidance that twenty "states have specifically prohibited or advised against pre-employment [arrest] inquiries in their fair employment laws due to the possible misuse of this information."44 This has created a disjointed approach, where the EEOC policy may permit greater consideration of arrests than the laws of many states. For example, when meeting with EEOC offices in states like California, we have encouraged agency staff to view employer arrest inquiries as impermissible because such inquiries are generally illegal under state law.
We respect that the EEOC's current arrest guidance attempted to craft a fair policy by requiring employers to determine not only whether the arrest is job-related and recent, but also whether the individual actually engaged in the criminal conduct alleged. However, we know of no employers that undertake the kind of inquiry envisioned in the guidance, and we know that far too many employers continue to be misled by arrest records and unfairly deny employment as a result. Thus, we encourage the EEOC to follow the states' lead in creating a "bright line" policy excluding consideration of arrests that have not led to conviction, perhaps with exceptions for the types of "security sensitive" positions discussed in the current guidance.
We believe that the Commission's current policy statement on convictions contains the essential elements for fair consideration within the framework of a Title VII disparate impact case: (1) the presumption that an employer's policy excluding people with criminal records has a disparate impact on African Americans and Latinos; (2) the rule that blanket policies barring employment based on criminal records are unlawful absent a justifying business necessity; and (3) the requirement that the employer justify its hiring decisions by conducting an individualized assessment of each applicant, taking into consideration job-relatedness factors such as the nature and severity of the offense and the nature of the job held or sought, as well whether the conviction is still determinative, given the time that has passed since the conviction or completion of the sentence.45
We believe these baselines should be retained and re-emphasized as part of any updated policy guidance. We also encourage the Commission to adopt the following additional guidelines for employers:
In addition, based on our work with individuals with criminal records, government agencies performing risk determinations, and public employers, as well as our experiences with employers responding to charges that their hiring policies constitute disparate impact race discrimination, we suggest that the Commission address the following in any forthcoming guidance:
In addition, the law gives workers with disqualifying offenses the opportunity to seek a "waiver" of the disqualification so that they can continue working, upon a showing that the person is rehabilitated and not a security risk.56 The waiver process gives workers a critical opportunity to explain the circumstances of the offense and what they have done since then to turn their lives around, as well as the opportunity to submit reference letters from employers, colleagues, community members, friends, and family who can attest to the applicant's rehabilitation. TSA has granted the vast majority of waiver requests it has received, proving how valuable this procedure is for keeping qualified workers on the job.57 Other useful examples of waivers can be found in Illinois's Health Care Worker Background Check Act58 and California's community care "exemptions."59
These policies are often referred to as "Ban the Box," a term coined by All of Us or None, an advocacy group run by and for formerly incarcerated people that supports these practices as a way to reduce conviction-based discrimination. Under these policies, the "box" on a job application that asks whether the applicant has a criminal history record is removed, and the criminal background check is conducted later in the process, when the applicant is a final candidate for the position. At that time, any job-related convictions are considered, and evidence of rehabilitation may be submitted. This critical protection ensures that everyone is first considered for employment based on their actual skills and experience before consideration of any prior arrest or conviction. The process is similar to the application and inquiry process regarding disabilities,60 and aims to reduce the chilling effect that the "box" has on applicants' willingness to apply for jobs and immunize against the possibility that an employer will simply refuse to consider an applicant who self-discloses a criminal history record. It also allows government employers to access a broad applicant pool of workers best qualified for the job.
Initial data tracking the outcomes of the new initiatives are favorable. For example, Minneapolis reports that fewer applicants are being rejected due to a criminal conviction, more than half of the applicants with a criminal conviction of "concern" are being hired, and the staff's workload has decreased because they are only considering criminal conviction information at the time of a job offer.61
Some cities, such as Boston, have required background checks only for positions that involve unsupervised contact with vulnerable populations (children, elderly, disabled) or involving finances, and have also applied these rules to vendors contracting with the city. Another model practice is that of Alameda County, which has specialized human resources staff trained in determining how a conviction may or may not be job-related, and conviction history information will not be seen by anyone except these staff members unless the conviction is considered job-related. Hawaii's state law also prohibits inquiry into an applicant's criminal record until a conditional job offer is made.62
While all aspects of "ban the box" initiatives may not be implemented easily by private employers, the Commission should encourage employers to remove this question from their job applications and defer consideration of conviction history to a later stage of the hiring process.
Employers should also be made aware of a number of incentives that make it easier to hire people with criminal records. First, the Department of Labor offers a free bonding program for "at-risk" job applicants, including people with criminal records, indemnifying employers for loss of money or property due to an employee's dishonesty or theft.68 The bond insurance terminates after six months, and continued coverage can be purchased under the program's bond.69 The coverage is usually between $5,000 and $25,000, with no deductible.70 The Department of Labor reports that "bonding services as a job placement tool can be considered to have a 99% success rate," with over 42,000 job placements made for "at-risk job seekers who were automatically made bondable."71
Employers seeking bonding may call 1.877.US2.JOBS (1.877.872.5627) to locate the State Bonding Coordinator.72
Employers can also take advantage of the federal Work Opportunity Tax Credit, which allows a company to claim up to a $2,400 tax credit for hiring an employee with a felony conviction within one year of the date of his or her conviction or release from incarceration.73 Employers can apply for the tax credit by sending the required forms to the state workforce agency within 28 days of the employee's start date.74 Employers who are willing to train and provide work experience to people with criminal records may also qualify for Workforce Investment Act (WIA) assistance.75
Finally, state and local tax credits provide even more financial incentives for employers to hire workers with arrest and conviction histories. The National H.I.R.E. Network reports that six states (CA, IL, IA, LA, MD and TX) provide state income tax credits for employers to hire people with criminal records.76 Cities such as Philadelphia77 and San Francisco78 also offer tax credits for employers hiring qualified workers with criminal records. Thus, employers can bolster compliance with Title VII with bonding and tax credit opportunities that further reduce the barriers to hiring people with criminal records. Surveys have shown that only 5% of employers have a negative experience when hiring applicants with criminal records, and many employers report that employees with prior records were motivated to succeed and performed well.79
Again, thank you for the opportunity to participate in this meeting. We appreciate the Commission's interest in this important issue. We commend the Commission for playing a critical role in establishing fair and sound employment criminal background screening standards to reduce criminal record barriers to employment affecting millions of Americans, and in particular, disparately impacting African Americans, Latinos, and Native Americans.
1 The existing policy statements date back to 1990 for arrests ("Policy Guidance on the Consideration of Arrest Records in Employment Decisions under Title VII of the Civil Rights Act of 1964" (Sept. 7, 1990) [hereinafter "Arrest Guidance"]) and 1987 for convictions ("Policy Statement on the Issue of Conviction Records Under Title VII of the Civil Rights Act of 1964" (Feb. 4, 1987) [hereinafter "Conviction Guidance"]). The Commission also issued a policy statement on conviction statistics in 1987 ("EEOC Policy Statement on the Use of Statistics in Charges Involving the Exclusion of Individuals with Conviction Records from Employment" (July 29, 1987)). All are available at http://www.eeoc.gov/policy/guidance.html.
2 Maurice Emsellem & Debbie A. Mukamal, "The New Challenge of Employment in the Era of Criminal Background Checks," in The Gloves Off Economy: Workplace Standards at the Bottom of America's Labor Market, at 193 & n.1 (Annette Bernhardt et al. eds., Labor & Employment Relations Association 2008). This figure is based on U.S. Bureau of Justice Statistics data showing that 71 million people have criminal records on file with the states, including arrests. Because a number of these individuals may have records in multiple states, the authors reduced that number by 30% to arrive at a conservative national estimate of 49.7 million. As a percentage of the U.S. population over the age of 18 (209 million according to the 2000 Census), the authors thus estimate that 23.8% of the U.S. population has a criminal record on file with the states.
3 Of the total arrests in the United States in 2006, less than 5% were for violent crimes. U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2007, Table 29 (2008), available at http://www.fbi.gov/ucr/cius2007/data/table_29.html.
4 According to the most recent federal criminal case data, there were 140,755 individuals arrested and 74,782 individuals convicted in 2004. U.S. Department of Justice, Bureau of Justice Statistics, Compendium of Federal Justice Statistics, 2004, NCJ 213476, at 1 (2006), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/cfjs04.pdf. Although a percentage cannot be derived from this because case processing times mean that the number of people convicted does not correlate exactly to the number of people arrested, in that year, the number of convictions was only 53% of the number arrested. Of those prosecuted, the conviction rate was 92% for felonies and 71% for misdemeanors. Id. at 59. Of felony defendants in state court, 68% were convicted in a one-year period. Tracey Kyckelhahn & Thomas H. Cohen, Felony Defendants in Large Urban Counties, 2004, NCJ 221152, at 3 (U.S. Department of Justice, Bureau of Justice Statistics 2008), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/fdluc04.pdf. Studies have shown that the conviction rate is much lower for non-serious offenses, with 20-30% conviction rates. Council on Crime and Justice, Low Level Offenses in Minneapolis: An Analysis of Arrests and their Outcomes, at 25 (2004), available at http://www.crimeandjustice.org/researchReports/Low%20Level%20Offenses%20in%20Minneapolis%20An%20Analysis%20of%20Arrests%20and%20their%20Outcomes.pdf.
5 About 13% of all arrests are for non-serious offenses such as vagrancy, drunkenness, disorderly conduct, loitering, runaways, and vandalism. Federal Bureau of Investigation, Crime in the United States, 2007 at Table 29. Misdemeanors make up 12% of federal criminal cases; 40% of misdemeanor charges involve traffic violations. Bureau of Justice Statistics, Compendium of Federal Justice Statistics, 2004 at 59.
6 For example, 28% of state felony defendants were not sentenced to prison, Matthew R. Durose & Patrick A. Langan, Felony Sentences in State Courts, 2004, NCJ 215646, at 2 (Bureau of Justice Statistics 2007), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/fssc04.pdf, and 22% of federal defendants were not sentenced to prison, Bureau of Justice Statistics, Compendium of Federal Justice Statistics, 2004 at 69. The percentage of defendants not sentenced to confinement is presumably lower for non-felony defendants in state court.
7 Compare Thomas P. Bonczar, Prevalence of Imprisonment in the U.S. Population, 1974-2001, NCJ 197976, at 1 (Bureau of Justice Statistics 2003), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/piusp01.pdf (216,000 prisoners in 1974) with William J. Sabol & Heather Couture, Prison Inmates at Midyear 2007, NCJ 221944, at 1 (Bureau of Justice Statistics 2008), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/pim07.pdf (1,595,034 prisoners in June 2007). The Pew Center on the States estimates that between 1987, the year the Commission adopted the most recent conviction policy guidance, and 2007, the incarceration rate nearly tripled. Pew Center on the States, One in 100: Behind Bars in America 2008, at 5 (2008).
8 Pew Center on the States, One in 100, at 5 (totaling the number of adults in state or federal prison and local jails).
9 U.S. Department of Justice, Office of Justice Programs, Reentry, available at http://www.reentry.gov/ (visited Nov. 3, 2008).
10 Lauren E. Glaze & Thomas P. Bonczar, Probation and Parole in the United States, 2006, NCJ 220218, at 7 (Bureau of Justice Statistics 2007), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/ppus06.pdf.
11 Society for Human Resource Management, Workplace Violations Survey (2004).
12 Keith Finlay, Effect of Employer Access to Criminal History Data on the Labor Outcomes of Ex-Offenders and Non-Offenders, Working Paper 13935, at 7 (National Bureau of Economic Research 2008), available at http://www.nber.org/papers/w13935.
13 SEARCH: The National Consortium for Justice Information and Statistics, Report of the National Task Force on the Commercial Sale of Criminal Justice Record Information, at 7-9 (2005), available at http://www.search.org/files/pdf/RNTFCSCJRI.pdf.
14 Brad Stone, If You Run a Red Light, Will Everyone Know?, N.Y. Times, Aug. 3, 2008 (http://www.nytimes.com/2008/08/03/technology/03essay.html?th&emc=th).
15 A Google search on employment background checks will typically turn up numerous private screening firm sites warning about potential negligent hiring liability and the need to conduct background checks, but no information about potential Title VII liability when screening for criminal records. See, e.g., http://www.absscreening.com/info/negligenthiring.html.
16 Anecdotally, advocates on behalf of workers with criminal records frequently find that employers are unaware of the EEOC's policies regarding employer consideration of arrest and conviction histories. Over 60% of employers in major metropolitan areas indicate that they would definitely or probably not hire an applicant with a criminal history. Harry J. Holzer et al., Will Employers Hire Ex-Offenders? Employer Preferences, Background Checks, and Their Determinants, Institute for Research on Poverty, Discussion Paper No. 1243-02, at 7 (2002), available at http://www.irp.wisc.edu/publications/dps/pdfs/dp124302.pdf.
17 42 U.S.C. § 2000e et seq. The Commission's stated position is that "an employer's policy or practice of excluding individuals from employment on the basis of their conviction records has an adverse impact on Blacks and Hispanics in light of statistics showing that they are convicted at a rate disproportionately greater than their representation in the population. Consequently, the Commission has held and continues to hold that such a policy or practice is unlawful under Title VII in the absence of a justifying business necessity." Conviction Guidance at 1-2 (footnotes omitted).
18 EEOC, E-RACE (Eradicating Racism and Colorism in Employment) Initiative, Why Do We Need ERACE? available at http://www.eeoc.gov/initiatives/e-race/why_e-race.html.
19 U.S. Census Bureau, 2006 American Community Survey Fact Sheet, available http://www.census.gov/acs/www/index.html.
20 Federal Bureau of Investigation, Crime in the United States, 2007 at Table 43, available at http://www.fbi.gov/ucr/cius2007/data/table_43.html.
21 Sabol & Couture, Prison Inmates at Midyear 2007 at 7, Table 9.
22 Council on Crime and Justice, Low Level Offenses in Minneapolis at 4.
23 Pew Center on the States, One in 100 at 34, Table A-6.
25 U.S. Census Bureau, 2006 American Community Survey Fact Sheet.
26 Sabol & Couture, Prison Inmates at Midyear 2007 at 7, Table 9.
27 Jared Taylor & Glayde Whitney, "Crime and Racial Profiling by U.S. Police: Is There An Empirical Basis?" in Race, Crime, and Justice: A Reader, 221-23 (Shaun L. Gabbidon & Helen Taylor Greene, eds., Routledge 2004) (discussing inconsistent treatment of "Hispanics" by federal data collection agencies which makes it difficult to fully measure these crime rates).
28 Asians and Pacific Islanders are similarly not mentioned in the current EEOC policy guidances, but national statistics do not indicate that these groups are disproportionately affected by the criminal justice system. Asians or Pacific Islanders constitute 4.5% of the population, U.S. Census Bureau, 2006 American Community Survey Fact Sheet, but only account for .8% of all arrests, Federal Bureau of Investigation, Crime in the United States, 2007 at Table 43. Local or regional statistics might reflect racial disparities for Asians and Pacific Islanders, however.
29 U.S. Census Bureau, 2006 American Community Survey Fact Sheet.
30 Federal Bureau of Investigation, Crime in the United States, 2007 at Table 43.
31 Death Penalty Information Center, Native Americans and the Death Penalty, available at http://www.deathpenaltyinfo.org/native-americans-and-death-penalty.
32 Bonczar, Prevalence of Imprisonment in the U.S. Population at 8.
33 Pew Center on the States, One in 100 at 34, Table A-6.
34 See, e.g., The Sentencing Project, Reducing Racial Disparity in the Criminal Justice System, at 5-9 (2008) (discussing commonly identified causes of racial disparity in the criminal justice system). Researchers report that although Blacks constitute about 13% of all drug users, Blacks are 35% of those arrested for drug offenses, and about 53% of those sent to prison for drug convictions. Human Rights Watch, Targeting Blacks: Drug Law Enforcement and Race in the United States, at 44-48 (2008).
35 See Change.Gov Office of the President-Elect, Plan to Strengthen Civil Rights, at http://change.gov/agenda/civilrights/ (visited Nov. 7, 2008).
36 Devah Pager, The Mark of a Criminal Record, 108 American Journal of Sociology 5, 937-75 (2003). Pager used matched pairs of white and Black entry-level job applicants to test the consequences of incarceration on employment outcomes of Black and white job seekers. Whites with a criminal record were half as likely to receive a callback (17% vs. 34%), and Blacks with a criminal record were about a third as likely to receive a callback (5% vs. 14%). A disturbing finding was that whites with a criminal record were more likely than Blacks without a criminal record to receive a callback (17% vs. 14%). The effect of having a criminal record was 40% worse for Blacks, as Pager noted, "the employment barriers of minority status and criminal record are compounded, intensifying the stigma toward this group." Id. at 959.
37 See Megan C. Kurlychek, Robert Brame, & Shawn D. Bushway, Scarlet Letters and Recidivism: Does an Old Criminal Record Predict Future Offending?, 5 Criminology & Public Policy 3, 483-504 (2006) and Enduring Risk? Old Criminal Records and Short-Term Predictions of Criminal Involvement, 53 Crime & Delinquency, 64-83 (2007). Using two different cohorts, the authors concluded that a person who committed an offense six or seven years ago is no more likely to re-offend than someone who has never committed an offense. This was even true for violent offenders. Scarlet Letters and Recidivism at 13 & Figure 5. These studies actually show a dramatic drop-off rate one to two years after release as well.
38 El v. Southeastern Pennsylvania Transportation Authority, 479 F.3d 232, 244 (3d Cir. 2007).
40 Arrest Guidance at 2 (citing Schware v. Board of Bar Examiners, 353 U.S. 232, 241 (1957) ("[t]he mere fact that a [person] has been arrested has very little, if any, probative value in showing that he has engaged in misconduct.")).
42 Ryan S. King, Disparity by Geography: The War on Drugs in America's Cities, at 10 (The Sentencing Project 2008) (between 1980 and 2003, the rate at which African Americans were arrested for drug offenses grew to be 238% higher than for whites), available at http://www.sentencingproject.org/Admin/Documents/publications/dp_drugarrestreport.pdf); American Civil Liberties Union, "Landmark Settlement Reached With Maryland State Police in 'Driving While Black' Case" (Press Release April 2, 2008), available at http://www.aclu.org/racialjustice/racialprofiling/34753prs20080402.html); Council on Crime and Justice, Minnesota Racial Profiling Study (2003), available at http://www.crimeandjustice.org.
43 The Bureau of Justice Statistics reports that "in nearly every State, a proportion of criminal history records lack a final disposition, which indicates the outcome of an arrest." Peter Brien, Reporting by Prosecutors' Offices to Repositories of Criminal History Records, at 1 (Bureau of Justice Statistics 2005). According to the U.S. Attorney General, the FBI's rap sheets are "still missing final disposition information for approximately 50% of its records." U.S. Attorney General, The Attorney General's Report on Criminal History Background Checks, at 3 (June 2006), available at http://www.usdoj.gov/olp/ag_bgchecks_report.pdf).
44 Arrest Guidance at 6 & n.10 (listing the states: NY, HI, OR, WI, NJ, OH, VA, DC, CA, MD, MN, UT, WA, WV, AZ, CO, ID, MA, MI, and MS). According to the Legal Action Center, ten states completely prohibit employers from considering arrests that never led to conviction. See Legal Action Center, Advocacy Toolkits to Combat Legal Barriers Facing Individuals With Criminal Records, "Prohibit Inquiries About Arrests That Never Led to Conviction," available at http://www.lac.org/toolkits/arrests/arrest_inquiries.htm#unfair.
46 Shawn D. Bushway & Gary Sweeten, Abolish Lifetime Bans for Ex-Felons, 6 Criminology & Public Policy 4 (2007) at 703 ("Blanket lifetime bans of ex-felons . . . are not supported by criminological research and should be abolished.").
47 See, e.g., id. & supra note 37. Some states, including Arkansas, Minnesota, and New Mexico, presume rehabilitation after a specified number of years has passed since completion of a sentence if there has been no further involvement with the criminal justice system. See Margaret Colgate Love, Relief from the Collateral Consequences of a Criminal Conviction: A State-by-State Resource Guide, at 67 (William S. Hein & Co., Inc. 2006). In addition, other countries have enacted legislation to limit the stigma individuals with criminal histories may face as a result of a conviction. In the United Kingdom, the Rehabilitation of Offenders Act of 1974 was passed to enable convictions to become "spent," or ignored, after a "rehabilitation period." After this period, with certain exceptions, a person with a conviction is not normally obliged to mention it when applying for a job. Rehabilitation periods vary between 6 months, 3 years, 5 years, 7 years and 10 years, depending upon the sentencing attached to the offense(s). See Chartered Institute of Personnel and Development, Employing Ex-Offenders: A Practical Guide, at 12 (2004), available at: http://www.cipd.co.uk/subjects/dvsequl/exoffenders/empexoffendguide.htm?IsSrchRes=1. All of Us or None, an advocacy group which aims to reduce discrimination based on conviction history, strongly encourages employers to institute a presumption of rehabilitation whenever an applicant has completed a sentence, including completion of parole or probation. It is also important to note that if the Commission adopts or suggests a seven-year rule, this time frame should be characterized as a maximum period, not the minimum number of years an individual would have to wait before obtaining gainful employment, because some employers may interpret this as the Commission's definitive statement on risk. As part of the business necessity defense, employers should always consider the multiple relevant factors, rather than creating a seven-year waiting period.
48 15 U.S.C. § 1681c(a)(5). For many years, the seven-year limit also applied to reporting of convictions. However, this seven-year limit on convictions in FCRA was eliminated by Congress in the Consumer Reporting Employment Clarification Act of 1998, P.L. 105-347, Sec. 5.
49 We note that risk of recidivism is not equivalent to the risk of someone committing a job-related offense or an offense in the workplace. The research cited herein pertains to recidivism risk in general, but the risk of a job-related or workplace-based offense (for which an employer could be held liable) is actually much lower. See Chartered Institute of Personnel and Development, HR Professionals Positive About Ex-Offenders' Performance in the Workplace (Press Release Oct. 23, 2002) ("ex-offenders who re-offend in the workplace are vastly outnumbered by those who go on to be successful in the workplace"), available at http://www.cipd.co.uk/pressoffice/_articles/23102002130100.htm?IsSrchRes=1.
50 See, e.g., Alex R. Piquero et al., Assessing the Impact of Exposure Time and Incapacitation on Longitudinal Trajectories of Criminal Offending, 16 Journal of Adolescent Research l, 54-74 (2001). The authors followed the trajectories of a cohort of men from ages 18 through 33, and found that the likelihood of re-arrest diminished to almost zero for 72 percent of the cohort as they approached their late 20s and early 30s. See also Megan C. Kurlychek et al., Scarlet Letters and Recidivism, at 6 (noting that "the majority of people with a criminal justice contact at some point early in life pose little or no risk of active, long-term criminal careers").
51 Studies have shown a strong relationship between employment and decreases in crime and recidivism. See Emsellem & Mukamal, "The New Challenge of Employment in the Era of Criminal Background Checks," in The Gloves Off Economy at 202-04 (reviewing research). Thus, the EEOC's guidance in this area, which could lead to greater employment of people with criminal records, will contribute to public safety as well.
52 Prior to the 1987 Conviction Guidance, which was revised to adopt the business necessity factors enumerated in Green v. Missouri Pacific Railroad Co., 549 F.2d 1158 (8th Cir. 1977), the Commission explicitly included the individual's efforts at rehabilitation as one of the factors an employer must consider. See Conviction Guidance n.4. Rehabilitation continues to be a salient factor that should be part of any employer's consideration of an applicant's conviction history.
53 Wendy Erisman & Jeanne Bayer Contardo, Learning to Reduce Recidivism: A 50-State Analysis of Postsecondary Correctional Education (The Institute for Higher Education Policy 2005), at 5 ("Data suggest that better educated inmates are less likely to relapse into criminal behavior after release from prison.")
54 See 46 U.S.C. § 70105 (port workers); 49 U.S.C. § 5103a (hazmat drivers); 49 C.F.R. § 1572.103 (offenses that apply to both programs).
55 See 46 U.S.C. § 70105(c)(1)(A) and 49 C.F.R. § 1572.103(a) (permanent disqualifying offenses); § 1515.7(a)(i)(waiver eligibility).
57 Transportation Security Administration, Transportation Worker Identification Credential (TWIC) "Dashboard," available at http://www.tsa.gov/assets/pdf/twic_dashboard.pdf.
58 See 77 Ill. Admin. Code § 270.2250(m). The waiver may be granted based on: 1) the age of the individual at which the crime was committed; 2) the circumstances surrounding the crime; 3) the length of time since the conviction; 4) the applicant's or employee's criminal history since the conviction; 5) the applicant's or employee's work history; 6) the applicant's or employee's current employment references; 7) the applicant's or employee's character references; 8) Nurse Aide Registry records; and 9) any other evidence demonstrating "ability to perform the employment responsibilities competently and evidence that the applicant or employee does not pose a threat to the health or safety of residents." Id. § 270.2250(o).
59 Exemptions for individuals with conviction histories are granted by the Community Care Licensing Division, taking into account nonviolent offenses, the age of the crime and other mitigating factors. California Department of Social Services, Caregiver Background Check Bureau, Evaluator Manual: Background Check Procedures (04RM-04) (July 2004). See Sections 7-1700 to 7-1736, describing the waiver process and the levels of exemptions based on the seriousness of the offense (including "simplified," "standard," and "non-exempt" offenses).
60 See EEOC, Job Applicants and the Americans With Disabilities Act, available at http://www.eeoc.gov/facts/jobapplicant.html.
61 City of Minneapolis Conviction Information Summary, 2004-2008 YTD (on file with NELP).
62 Hawaii Revised Statutes § 378-2.5(b).
63 Connecticut v. Teal, 457 U.S. 440 (1982).
64 El v. Southeastern Pennsylvania Transportation Authority, 479 F.3d 232 (3d Cir. 2007).
68 U.S. Department of Labor, Highlights of the Federal Bonding Program, available at http://www.bonds4jobs.com/highlights.html; see also 42 U.S.C. § 13725.
69 U.S. Department of Labor, Highlights of the Federal Bonding Program.
71 U.S. Department of Labor, Federal Bonding Program Background, available at http://www.bonds4jobs.com/program-background.html.
72 U.S. Department of Labor, Individuals Seeking Bonding, available at http://www.bonds4jobs.com/individual-seeking-bonding.html.
73 26 U.S.C. § 51. See also U.S. Department of Labor, Work Opportunity Tax Credit, http://www.doleta.gov/business/incentives/opptax/ (visited Nov. 3, 2008).
74 U.S. Department of Labor, Work Opportunity Tax Credit.
75 The Legal Action Center and the Urban Institute, Individuals With Criminal Histories: A Potential Untapped Resource at 2, available at http://hirenetwork.org/pdfs/SS_Ex-offenders1.pdf.
76 The National H.I.R.E. Network, State Tax Incentives to Benefit Employers Who Hire People With Criminal Records (2007), available at http://hirenetwork.org/state_tax_credits.htm.
77 The Philadelphia tax credit offers $10,000 for hiring an employee with a prior conviction and was specifically created to encourage job opportunities and economic development for ex-offenders. See http://www.phila.gov/Revenue/pdfs/PREP_Application.pdf.
78 The San Francisco tax credit is available to employers located in certain enterprise zones who hire workers eligible for the Work Opportunity Tax Credit. See http://www.sfgov.org/site/uploadedfiles/tax/business_zone/entzone.pdf.
79 Chartered Institute of Personnel and Development, Employing Ex-Offenders to Capture Talent, at 3 (2007), available at: http://www.cipd.co.uk/subjects/dvsequl/exoffenders/_empexoffdr.htm?IsSrchRes=1.


text:
By insight I mean that inner deep rooted knowledge that something good is in store and is about to happen. It was during my darkest hours that the Holy spirit of God would whisper the most powerful words of the future into my spirit. I knew then that I was not only going to breakthrough but also that I was going to become rich even up to a point of becoming a kind of "covering" over others. God prophesied over my life and my future was laid bare before my eyes. Though it looked good the journey was not simple, but I was prepared to fight the good fight of faith.
During those times God took us through a school of character building. We decided at that point that if we were going to come out of our troubles we choose to come out God's way. We drew a simple "prosperity format" that we were going to follow at all cost. The plan was simple yet tough to follow. It included the following; We will never borrow to come out of our situation. We will never tell anyone about our struggles not even our families. We will give to anyone who happened to be worse off than we were. We will continue to believe in, and practice every prosperity principle that we know of. In a nutshell we burned all our bridges, and the battle began. The third thing we realized was that we were becoming more dependent on God and we were developing contentment. Everything we had seemed enough. We started living on short term goals simply because we realized that our long term goals were becoming the devils point of conflict. That is every time we imagined our situation a month down the line we ended up with more frustration instead. So we waited upon the Lord and realized that He was the potter and we were the clay. If nothing happens then we don't move, we wait. I must mention at this point that what I have gone through is by no means a way to measure how God is going to deal with you. We might be going through the same challenge by since our destinations are different God will take us through different routes to get there. The only familiar ticket here is His Grace.
I must give you two powerful testimonies at this point. One Saturday evening as we were preparing to go to church the next day Joyce was trying to prepare something to eat for tomorrow since it was not always convenient to cook after Church. she realized that we were only left with a small portion of Mielie meal. she told me and I told her to cook it anyway we will see what happens when we come back from Church. She woke up the next morning and cooked porridge before we left for Church. The truth is we did not know what was going to happen but anyway we were satisfied with what we had. We had meals of porridge and tea before and the best we had was chips and porridge. Our groceries always included 5 Liters of fish oil; a bag of potatoes; and a bag of mielie meal. This were more like life savers in our family.
That Sunday after church an elderly lady came to Joyce and gave her a neatly wrapped parcel in a plastic container. She told her that when she was preparing her meals before coming to Church in the morning she strongly felt that she needed to share her meat with us. I mean cooked, salted and ready to eat with tomato and onion relish! We could not wait to get home. More than us being excited this was the first sign of God's intervention. How did the lady know? the truth is we were going through a trial but we definitely did not look like we needed 4 pieces of meat. This was a miracle from above. Not much to anyone with food but wait till you have nothing on your table. we knew without doubt that we were on "recovery boulevard" and travelling in the right direction.
I must say that despite the things we had lost and the fact that I was now listed with the credit bureau We felt that peace that only God can give. Like someone said "peace like a river". One other miracle that happened to us for three weeks in succession was quite a funny one. One Sunday after Church after we had lunch we wanted cold drink but we had no money so we decided to search everywhere we could in the house. We went on and literally ransacked the house and came up with coins that were sufficient to buy a liter of Coke. The next Sunday we decided to try it again and believe it or not we searched the exact spots we did last week and there were more coins enough for another liter of coke, and this was the second time around. To top it all off we tried it again the third week, same spots, more coins, and another liter of coke. And of course the fourth week we had money from somewhere and the "brook" stopped flowing just like it did with Elijah. It doesn't bother me at all if you believe it or not. I have seen these things; I have touched them and they have changed my life. There is God out there and He cares about me. I'm still going to shock you out of your mediocre faith and satisfaction for an ordinary life. Remember we said; failure is an option.
To be continued...

subset: commoncrawl


text:
Persimmon Pie with Crumb Topping
I had some extra pie crust leftover from the date and pecan tarts I made a couple of days ago, and there was no way I was going to let it go to waste. One of the few fruits that are in season around the time of holidays is the persimmon. We have a couple of trees in our garden and they are absolutely laden with beautiful orange fruit. We grow two varieties; Fuyu, which are firm, and Hachiya, which are pulpy and quite a bit sweeter.
It occurred to me that Hachiya persimmon pulp would make a great pie filling, since it's almost perfect for the job on its own. It makes the dessert super easy to prepare. The only work required is the preparation the Brazil nut crumb topping in advance and assembly right when you're ready to serve.
If you're lucky enough to be able to get your hands on Hachiya persimmons, definitely give this pie a try. Just make sure you let them ripen fully to avoid "cotton-mouth"!
Yields: 6 tartlets1½ cups all-purpose flour + 2 tablespoons for rolling the dough
¼ teaspoon salt
½ cup unsalted butter, diced
1 tablespoon butter-flavored vegetable shortening
1 egg yolk
3 tablespoons milk
1½ tablespoons cane sugar
⅓ cup light brown sugar
3 ripe Hachiya persimmons
¼ teaspoon ground cinnamon
1¼ cups Brazil nuts, chopped
For the persimmon pulp:
The key to this pie is to select flavorful, ripe fruit, so no sweeteners or artificial flavorings are necessary.
Core and remove the stem end. Using a large spoon, gently dig into the pulp and remove the skin. Transfer to a food processor and blend until smooth. In a large colander, place the persimmon pulp in a double-layered cheese cloth. Wrap the pulp in the cloth. Make a knot at the tip and suspend it over the colander using chopsticks. The colander is not essential but is quite convenient; if the knot breaks, you can gather the persimmon again in the cheese cloth without starting over. Place a larger bowl underneath the colander to collect as much liquid as possible. Let it sit for at least 15 minutes. The juice is delicious.
For the pie crust:
Preheat the oven to 350°F.
Line 6 (4.75") molds with parchment paper.
Make sure the butter is chilled.
In a mixing bowl, combine 1 cup flour, salt, 6 tablespoons butter, shortening and 1 teaspoon sugar. Mix using the back of fork (or a stainless-steel pastry blender) until it forms sandy crumbs. Add 1 egg yolk and slowly add cold milk, blending until the dough is barely formed. Do NOT over-mix. Cover with a towel and chill in the refrigerator for at least 15 minutes.
Once chilled, transfer the dough onto a pastry board lined with a sheet of parchment paper (plastic wrap works fine too). Sprinkle with 2 tablespoons flour. Place another sheet of parchment paper on top of the dough like a sandwich. Roll the dough and even it out. Divide 6 equal pieces.
Top each mold with the disk (or square) of dough. Press the dough against the wall of the mold and remove any excess dough around the edges. Let chill in the freezer until you're ready to use.
Place the pie shells onto a baking sheet and bake for 10-12 minutes. You might want to extend the cooking time by 5 more minutes depending on the size of the molds. Let cool to room temperature.
For the crumb topping:
Make the crumb topping while the pie shells are baking. Using a pastry blender or the back of fork, combine brown sugar, the remaining ½ cup of flour, cinnamon, salt, remaining 2 tablespoons of cold diced butter and chopped Brazil nuts until it forms crumbs of butter, nuts and flour. Do NOT over-mix the dough. Line a baking sheet with a silicone mat. Cover with the crumb topping and bake for 10 minutes. Set aside.
Assembly time:
Fill the tart crusts with the persimmon pulp. Top with pieces of crumb topping.
Serve immediately.
Enjoy with hot tea or pumpkin spiced lattes.
Bon appétit!
Straining the persimmon pulp prevent the pie from turning soggy too quickly.
When Hachiya persimmons are ripe, they're divine. When they're not, there are few things that taste worse. I remember as a child going to the farmers' market with Papa when Hachiya persimmons were in season. We would buy them by the case. I couldn't wait for them to ripen, but like many things in life, patience was rewarded. We would speed up the process by placing a banana and an apple with the persimmons in a paper bag. Every day, I would come home from school; stick my hand in the bag and check to see if the persimmons were ready. I knew they were ready to eat when they felt as though they would fall apart in my hand.
I used Brazil nuts for the crumb topping; you could use other nuts such as walnuts, pecans, almonds or even pistachios.
Rolling the dough between 2 sheets of parchment paper (or on 2 silicon mats) eleminates the need for too much flour on the rolling surface, which can change the texture of the dough.Published By: on November 25, 2012.


text:
Rumor is beginning to circulate about which of its top-shelf heroes Marvel plans to recruit for the upcoming, and much-hyped, Avengers movie. Some choices are obvious, due to not-so-subtle foreshadows dropped in both Iron Man and The Incredible Hulk. And with the internet recently abuzz with news that Marvel studios was pushing to snag A-list stars for its Captain America movie, that character's inclusion in the Avengers project is certain. So that's three Avengers we can expect to see, but who else will make the roster?
According to Iron Man director Jon Favreau:
"the ones Marvel is talking about now are Captain America, Hulk, Thor, Ant-Man and Iron Man. I would love to see that."
Marvel Studios President of Production Kevin Feige has also alluded to the fact that Marvel hopes to establish a cinematic continuity in which its characters would be able to "cross into each other's adventures and occasionally team up if there's a foe too great for any one of them to handle." Just what Avengers hopes to accomplish.
But it'll be a hard feat to pull off, in my opinion. I mean sure, what fanboy hasn't gotten giddy at the notion of seeing all his favorite heroes battling it out on screen all at once (does that qualify as an orgy?) And reading the quote above, it seems as though Kevin Feige is already drinking the super-group-movie Kool-Aid. However, let's try an remember that this is the MOVIE industry we are talking about, not the COMIC BOOK industry. Only counting the two movies from Marvel Studios already in theaters, to do The Avengers, you're talking about getting Robert Downey Jr. to share screen time with Ed Norton, not to mention CGI effect$ out the yin-yang for Shellhead and the Hulk. Factor in Cap, Ant-man, Thor, a CGI boomerang shield, shrinking/growing F/X and CGI lightning, and THEN tell me what the price tag for an Avengers flick will likely be. (And if it will be worth its box office returns.)
Currently, Marvel's game plan seems to revolve around establishing successful film franchises for each of the individual Avengers heroes, then taking those dividends and investing them in the Avengers project. Iron Man and The Incredible Hulk have both had their turns in theaters, to great or middling success; Thor is tenatively scheduled for a 2010 release; The First Avenger: Captain America is set for 2011; and Ant-Man is still working on nailing down a release date, (though it's rumored that it will be helmed by Edgar Wright, director of Shaun Of The Dead. A great choice.)
Can the house that Stan Lee built crank out three more box office hits to keep an Avengers film afloat? Can so many big-name, bigger-ego, actors really play nice and make an ensemble blockbuster? Has the term "ensemble blockbuster" ever been used before??? (If not, I claim coining rights.) And will the budget for an Avengers movie really end up being higher than the budget of NASA's last mission? Only time will tell for sure, but in the meantime, let us know your opinion anyway.


text:
An update from me and closing my guides
1 year ago
RelatedIntro to Macros Kae's Keybinds & Peripherals Keybind tips Funny Resses
Copy/Paste MacrosGeneric Resto Resto/Balance Dual-Spec Feral
ComicsGridLock Time-Lost Protodrake Level Requirements Turkeys and Hawkstriders Skunk-Bear TK: A'lar U10: Yogg-Saron VoA: Emalon guide ICC: Marrowgar ICC: Gunship Fire = bad ICC: Blood Queen Lana'thel ICC: The Lich King Halion Flowchart VoA: Earth, Wind, Fire
I still miss my perma-tree :(
Have you ever drawn the new tree? I'm curious what the Kae-version would look like.
The closest I've come is: http://dreambound-druid.blogspot.com/2010/04/sometimes-shift-part-2.html
Do you use the glyph of tree form Kae? I mean......... IT'S THE ONLY REAL WAY TO PLAY ORIGINAL DROOD 4 LYFEEEEEEEEEEEEE
Yay for green splashy tree
No, I don't use the glyph. The new tree looks less withered... must be the shaman around me casting riptide and healing rain all the time.
I do like to keep the plants within the guild nicely watered


text:
Masticating Juicers
Perfect for those who take juicing seriously. Versatile and ideal for processing leafy greens and hard fruit or vegetables.
Yuppiechef stocks a range of juicers to suit all needs — whether you're just starting out or looking to up your game. Choose from leading slow juicer models like Oscar, to centrifugal juicers from household brands like Philips and Bosch. Juicing is a great way to enjoy your daily intake of fruits and vegetables, and we've got you covered.
Perfect for those who take juicing seriously. Versatile and ideal for processing leafy greens and hard fruit or vegetables.
Ideal for those new to juicing or simply wanting a quicker and low-effort juicer that's simple to use and easy to clean.
Masticating or 'Slow' Juicers crush or 'chew' the fruit or veggies at a slow and steady rate, pressing the juice and nutrients out. The juice trickles into one compartment, while a rotating grinder pushes the 'cud' out the other end into another compartment.
Centrifugal Juicers or Juice Extractors, process the fruits and veggies like a high speed grater. The circular motion forces the juice, which is lighter, though a mesh chamber to the outside walls of the juicer while the pith, which is heavier, is expelled into a different chamber.
While juicers extract just the juice, blenders process the whole fruit or vegetable — ideal for making fibre-rich smoothies.Shop Blenders
We're proud to offer free delivery on all orders over R400, to any destination in South Africa. On small baskets under R400, we offer standard delivery in 3 to 5 working days at a cost of just R60.
When you place an order on this site you will be asked for a physical address that is normally occupied during office hours. For very remote areas not serviced by our normal couriers we will have to deliver via Post Office, or to the nearest town to you that is accessible.
We only deliver gift registry purchases to addresses in South Africa. You can purchase gifts off a registry, but you will not be able to set one up.
Need help? Contact email@example.com
We only deliver gift registry purchases to addresses in South Africa.
Need help? Contact email@example.com


text:
Cows in Malawi are a Daughter's Piggy Bank
Baptista and Belia Mzukani have big plans for their daughter, Esnart. At 9 months old the baby is sharp and healthy, and her parents are laying the groundwork for her to stay that way. The parents each grew up with seven siblings, meaning money,
Date: May 31, 2012


text:
The Kansas City Chiefs are presumed to be the lead horse in the market for Alex Smith, but -- thanks largely to a thin quarterback market and draft class -- there's likely to be competition for the San Francisco 49ers' passer.
An NFL source told Kent Somers of The Arizona Republic that the Cardinals are exploring a trade for Smith. Arizona reportedly is impressed by the veteran passer's "experience, intelligence and talents," according to the source. Smith's early career struggles are reportedly seen by the team as a product of coaching overhaul and a one-time merry-go-round of offensive schemes in San Francisco.
CBS reported Sunday that a deal "effectively was complete" for Smith, a development that logically pointed to Kansas City. NFL.com's Ian Rapoport reported the Chiefs have showed the most interest, but that doesn't mean another suitor won't enter the race. The chatter coming out of Indianapolis about Smith makes it clear he won't be a 49er next season, but until a deal goes down, expect the unexpected.
Arizona has plenty of quarterbacks, just not any good ones. The Cardinals traded for Kevin Kolb in 2011 and have handed the uneven passer $20 million since. He's shown flashes on the field, but remains too brittle for new coach Bruce Arians to hang his hat on. Kolb would likely be sent packing if Smith was acquired.
It's not surprising the Cardinals are looking into Smith's availability, and nothing would make the 49ers happier than a two-team (or more) fight for his services.
Follow Marc Sessler on Twitter @MarcSesslerNFL.


text:
Story highlights
- Deal is "an honest and principled compromise," mayor says
- Union president "very comfortable" with teacher eval issue under proposed deal
- Union officials will meet Sunday to vote on whether to end the strike
- Schools remained closed Friday
The Chicago Teachers Union and the city's school board reached a tentative agreement Friday in their dispute over new contract terms that has closed public schools for 350,000 students.
Despite the possible deal, union president Karen Lewis cautioned that the strike, in its fifth day Friday, is not yet over.
Union officials will meet between now and Sunday to draft specific language on a "framework for an agreement." They will present the document to a special committee of union representatives, at which time a majority vote will be taken on whether to suspend the strike.
"Our delegates were not interested in blindly signing off on something they have not seen," Lewis said.
However, Lewis was optimistic that the deal would be finalized.
"We think it's a framework that will get us to an agreement, but we are not quite there," she said, adding she is "hoping and praying" students will be back in the classroom Monday.
Chicago School Board President David Vitale was similarly positive about moving forward.
"We have in place frameworks around all of the major issues that should allow us to conclude this process and to conclude it in time for our kids to be back in school on Monday morning," he said.
Lewis declined at a news conference Friday afternoon to discuss details of the agreement.
A source close to the negotiations said some of the terms include: keeping the current length of school year and school day; giving principals the freedom to hire their own teachers; and, chief among the dispute's sticking points, updating the teacher evaluation system for the first time in 40 years.
Lewis said Friday afternoon that she was "very comfortable" with the teacher evaluations issue under the proposed framework agreement.
Chicago Mayor Rahm Emanuel praised the progress made between the two sides after days of sometimes contentious meetings.
"This tentative framework is an honest and principled compromise that is about who we all work for: our students," Emanuel said in a statement.
"It preserves more time for learning in the classroom, provides more support for teachers to excel at their craft, and gives principals the latitude and responsibility to build an environment in which our children can succeed. Now, our most important work continues: providing every child in every community of Chicago an education to match their potential."
New hope emerged Thursday after days of sometimes contentious meetings between the teachers union and the school board.
The union, which represents nearly 30,000 teachers and support staff, called the strike on Sunday night.
The union previously said the two sides had been close to a deal on pay, but far apart on teacher evaluations, benefits and other issues.
Teachers were concerned about job security in the wake of a new program that evaluates them based on their students' standardized test scores. Union board member Jay Rehak called the program "data-driven madness."
As many as 6,000 teachers could lose their jobs under the evaluation system, said Lewis, who had called the system "unacceptable."
The mayor's office, the city and school officials have questioned that job-loss figure.
The median base salary for teachers in the Chicago public schools in 2011 was $67,974, according to the system's annual financial report.
Parents have been anxious for a resolution of the strike.
"There is ... frustration, foremost," said Sarah Liebman, the mother of two children in city schools. "It's really affecting the kids right now."
Ahead of the strike, the Chicago Public Schools crafted a plan -- one criticized sharply by union leaders -- trying to give parents like Liebman options until teachers return to work.
The city's famed public transit system offered free rides for students to move between so-called "safe haven" sites. Chicago's parks department resumed camp-style sports, art and nature programs at dozens of its locations, while the public library system set aside computers in its facilities for students to use.


text:
EC wants pan-Euro online shopping laws
Now all we need is pan-Euro shopping police
An EU directive that will harmonise consumer protection for online and bricks and mortar sales made another lurch along the Brussels' legislative roadmap yesterday.
The European Commission's proposed consumer rights directive builds on proposals first made last year to simplify and replace four existing directives covering consumer rights. It will now work its way at its leisure through the Council of Ministers and the Parliament.
The commission's avowed aim "is to boost consumer confidence and at the same time to cut red tape which is holding back business within national borders – denying consumers more choice and competitive offers".
It reckons this will produce a standard set of consumer contracts and reduce compliance costs by 97 per cent. It also hopes that customers will be confident enough to not just shop online with suppliers in their own countries, but to spread their wings and buy right across the union.
The directive demands that sellers – from shops to auctioneers on eBay – provide specified "pre-contractual" information. Maximum delivery time will be set at 30 calendar days, with sellers bearing the risk of deterioration and loss. A 14-day Europe-wide cooling-off period will also be imposed for distance sales, and there will be common rules on repairs and replacements, as well as a blacklist of unfair contractual terms.
EU Consumer Commissioner Meglena Kuneva said: "The Single Market has the potential to deliver a lot more choice and opportunities for consumers. But for that we need an EU-wide safety net of rights so consumers have the security they need to shop around with peace of mind."
Sadly, peace of mind won't be extended to a number of areas, including financial services, timeshare and package travel, real estate, nor "distance contracts for the provision of accommodation, transport, car rental services, catering or leisure services". Still, there have never been any problems with these whatsoever, so nothing to worry about.
One thing that does appear to be missing from the proposals is any indication of who will be policing the regulations. With authorities often sluggish in going to bat for their own citizens in consumer disputes, many will be sceptical of how eager, say, regulators in Greece will be to crack down on unscrupulous sellers preying on wide-eyed consumers in, say, Scotland. ®
Sponsored: Your Guide to Becoming Truly Data-Driven with Unrivalled Data Analytics Performance


text:
WASHINGTON (Reuters) - U.S. home resales rose in December after three straight months of declines, showing some resilience in the housing market recovery despite higher mortgage rates.
While other data on Thursday showed a marginal rise in first-time applications for unemployment benefits last week and a slowdown in factory activity this month, the deterioration was not enough to change the picture of an improving economy.
"We have an economy that is firing on almost all cylinders and we expect to see a noticeable pick-up in growth in 2014," said Gus Faucher, senior economist at PNC Financial Services Group in Pittsburgh.
Sales of previously owned homes rose 1 percent last month to an annual rate of 4.87 million units, the National Association of Realtors said.
The sales pace, however, was slower than economists' forecast and some blamed frigid weather. Sales fell in the Northeast and the Midwest, which suffered the brunt of cold weather in December.
"The recent housing market slowdown is being exacerbated by transitory factors such as weather," said Gennadiy Goldberg, an economist at TD Securities in New York. "We generally expect housing market activity to accelerate in subsequent months."
Sales in 2013 were the highest since 2006 and prices increased 11.5 percent, the biggest advance since 2005.
Existing home sales lost steam late in the summer as a run-up in mortgage rates and a shortage of properties sidelined potential buyers. December's rise added to pending and new home sales data in offering signs of a tentative pick-up in activity.
In a separate report, the Labor Department said initial claims for state unemployment benefits ticked up 1,000 to a seasonally adjusted 326,000 last week.
The four-week average for new claims, considered a better measure of underlying labor market conditions as it irons out week-to-week volatility, fell 3,750 to 331,500. That suggested the labor market continued to steadily improve.
Last week's claims report covered the survey period for January nonfarm payrolls data. The four-week average for new claims fell 12,250 between the December and January survey periods, suggesting some acceleration in job growth this month.
Employers added only 74,000 new jobs to their payrolls in December after creating 241,000 positions the prior month. That was at odds with other employment indicators that suggested a brisk pace of hiring in December.
"Although claims data can be notoriously volatile at this time of year, there is nothing in the data to suggest that economic growth has down shifted early in 2014," said John Ryding, chief economist at RDQ Economics in New York.
Separately, financial data firm Markit said its preliminary U.S. Manufacturing Purchasing Managers Index fell to 53.7 early this month from 55.0 in December.
A reading above 50 indicates expansion. Activity was held back by a slowdown in new orders and a contraction in export orders. Some cooling off is expected in manufacturing after strong growth in the fourth quarter.
The jobless claims report showed the number of people still receiving benefits under regular state programs after an initial week of aid rose to a six-month high in the week ended January 11.
But it also showed 1.35 million long-term unemployed Americans dropped off the rolls the week before after their benefits expired.
Economists expect the expiration of these extended benefits to push the unemployment rate, currently at 6.7 percent, down by as much half a percentage point as some former recipients drop out of the labor force or take up low paying jobs that they previously would not have considered.
Should the unemployment rate drop because former recipients of jobless benefits have dropped out of the labor force, that could pose problems for the Federal Reserve, which has put the unemployment rate at the center of monetary policy.
The Fed has said it will hold interest rates near zero at least until the jobless rate drops to 6.5 percent. But if a big part of the decline reflects people dropping out of the labor force, that could be seen as a sign of weakness, not strength.
"The Fed could find its forward guidance message more complicated in the months ahead as the unemployment rate continues to decline more sharply than anticipated," said TD Securities' Goldberg.
Fed policymakers meet next Tuesday and Wednesday to discuss monetary policy and the outlook for the economy.
Reporting by Lucia Mutikani Additional reporting by Margaret Chadbourn in Washington and Steven C Johnson in New York; Editing by Paul Simao and Stephen Powell


text:
In Big Ten opener, Illini face Northwestern quarterback Dan Persa, who hasn't played in a game since Achilles injury in November.
There's something to be said for surviving when the emotions aren't quite there, according to Illinois coach Ron Zook Sunday, one day after the Illini survived a 23-20 victory over Western Michigan.
With No. 24 Illinois (4-0) hosting Northwestern (2-1) the Big Ten Conference opener for both teams Saturday (11 a.m., ESPN2), Zook said the Illini will be ready emotionally. Despite the narrow win over the Mid-American Conference opponent, the Illini didn't move in the AP poll, and they appeared at No. 22 in the USA Today coaches poll.
Q: What are the keys for the game against Northwestern?
A: While Illinois is coming off two down-to-the-wire victories, the Wildcats rested up through the open date over the weekend and will likely get an emotional lift from the return of quarterback Dan Persa.
"I would be shocked if he doesn't play,'' Northwestern coach Pat Fitzgerald said following practice Thursday.
Persa hasn't played since rupturing his right Achilles in the closing moments of a victory over Iowa on Nov. 13. When he didn't play in the season opener, the next probable date of return was the Big Ten opener. Persa sat on the sideline with his foot elevated during the Illini's 48-27 victory over Northwestern in Wrigley Field last November.
"I'm ready to go,'' Persa told reporters Thursday. "I don't consider myself injured anymore.''
Said Zook: "I figured if he was going to be able to play, he was playing against us.''
Meanwhile, defensive coordinator Vic Koenning was more concerned with the Illini bouncing back physically.
"The best prep for Northwestern is getting back in the ice tub and trying to get our bodies back fresh,'' he said. "We have to find a way to match their freshness. They had a week off. We had two pretty physical games. We're going to have to find a way to play inspired football.''
Q: Who's in, who's out for Illini?
A: Zook said offensive tackle Corey Lewis would begin to work into team drills after a checkup on his surgically repaired knee late last week, but Le3wis isn't expected to play against Northwestern.
Don't be surprised if junior Ashante Williams worked his way into more snaps on defense after a three-game suspension following a DUI arrest in late July. Williams logged four plays on defense and play on special teams against Western Michigan. His return added depth in the secondary and presumably would allow Trulon Henry to play more at safety.
Although Illini team officials couldn't find anything in the rule book how the personal foul and disqualification of Illini offensive tackle Jeff Allen would affect his status for the Northwestern game, Zook was planning to call the league office Sunday to verify Allen's status against Northwestern.
Q: How deep is the injury report?
A: Quarterback Nathan Scheelhaase spent Sunday trying to overcome a stiff neck, the result as a facemask in the first half. His head was pulled around during the play, and Zook said Scheelhaase's passing was affected by the bruised right shoulder suffered against Arizona State.
"He didn't throw quite as well (against Western Michigan),'' Zook said. "I have to believe that had a lot to do with his shoulder.''
Scheelhaase told Zook the shoulder felt better Sunday. Otherwise, the only injuries were thumbs, Zook said. He didn't elaborate.John Supinie can be reached at firstname.lastname@example.com. Follow him on Twitter @JohnSupinie.


text:
Having some bother passing class 1 equipment in particular a desk fan. I cannot get it to pass the earth bond >19.99 ohms.
The trouble is i cannot get a "good earth" on the appliance ,all the metal work screws etc are not sufficient. Do i have to then strip it down to get to the insides of it to get a good bit of metal ? (lead length about 2m so its not the resistance thats failing)
Thanks for your reply


text:
I'm hoping there is announcement of Series 8 shortly as well...I'm hoping this boxset (with the Snowtrooper) that's been announced doesn't turn into Series 8. ...
Got my parcel from Medicom today
Man I wish I had friends in Japan! Does anyone know if this is going to turn out like the last 2 TRU sets and drop in price, or this one only going to be available through their collector club in a much smaller quantity?
From what I know about it, it was a member exclusive, but there was no limit on production. So I'm guessing they made exceptions for the regular overseas retailers like BBTS and if you had 8 friends living close by, you could get as many as you liked. I don't think there's much of a requirement to join the club, so long as you pay and live in Japan/HK. The only thing I can see preventing it from falling in price is the snowtrooper. First box set with an Imperial army builder like that and a cool one too. Me, I think series 8 is going to have a snowtrooper and they're delaying the announcement to ensure they sell as many of these as they can.
Page created in 0.073 seconds with 18 queries.


text:
Winning With Defense
Everyone recognizes the Phillies starting pitching is airtight. The offensive weapons can produce big numbers. Overlooked, is a phase of the game in which the Phillies excel, defense.
Defense was the difference in the Phillies' Saturday night win in Milwaukee. Ryan Howard made a brilliant diving stop of a sure double in the ninth, Hawkins threw away a Ruiz bunt allowing the winning run to score and with two on and two out in the last of the 10th, Polly and Ryan combined on a great defensive play to give the Phillies their sixth straight win.
It marks the 21st time the Phillies are in a position for sweep. They have swept three four-game series and have two more four-gamers on the final homestand, St. Louis and Washington. Overall, they have won 33 series, lost 11 and split three.
Defensively, the Phillies have just 62 errors, lowest total in the majors. The club record for the fewest is 76, two years ago. Club record for the most, 403, in 1904. Hope I'm not around when that record is broken.
**In winning six straight, they have out-scored the enemy, 33-12. That includes 18-0 in runs scored with two out.
**When scoring first, they are 69-18.
**When they hit at least one home run, 71-16.
**Vance Worley and Michael Stutes, both drafted in 2008, are a combined 17-2.
Alumni Reunion
Milwaukee has three, manager Ron Roenicke, lefty Randy Wolf, who started on Saturday night, and Don Money, their AAA manager who is with the big club for the rest of the season. Bob Uecker can be added in the broadcast booth.
Phillies fly to Houston after Sunday's game. The Astros have manager Brad Mills, starters the next two nights, Brett Myers and J. A. Happ and outfielder Jason Michaels.
Down On the Farm
**Lehigh Valley advanced to the International League Governor's Cup championship round (best-of-five) by sweeping Pawtucket as Kevin Bass threw a complete game, 3-1, win over the Red Sox Saturday night. Series with the Clippers begins with two games in Columbus, Tuesday and Wednesday nights.
**Reading was shut out in its playoff opener, evened the series with and 11-2 romp and was blanked, 1-0, on three singles Saturday night by New Hampshire. RHP Austin Hyatt fanned nine in seven innings, allowing a run on three hits. Game #4 is tonight in Reading. RHP Tyson Brummett will start.