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Suitable Work SW 170
Referral, Interview, and Acceptance
This section discusses the basic principles of what constitutes "suitable work." For information regarding specific situations, refer to the section that covers the reason for refusing the job offer or referral to work.
A. General
In addition to the statutory provisions governing suitable work, case law has provided additional guidance.
In P-B-310 the Board stated:
". . . (B)efore a disqualification may be imposed for refusing suitable employment, it must be shown (1) that an opening actually existed at the time the offer was made, and (2) that the claimant was given sufficient information relative to the duties, hours of work, and working conditions so that the claimant is able to determine whether the work, in his opinion, is suitable and if any reason exists which would constitute a cause for its refusal . . . . "
- Job Must be Open
Basic to any suitable work consideration is the principle that the job opening must have existed at the time of the offer or referral.
A job opening exists when an employer is prepared to make a definite commitment to hire, regardless of when the employment is due to begin.
Example 1: A claimant is referred to prospective employment on Friday. The employer wants the applicant to begin work on the following Monday. A job opening exists, even though, as of Friday, someone else is still working on the job.
Example 2: A claimant is referred to an employer on the first of the month. The job will not begin until the first of the following month. A job opening exists even though it does not commence for a month.
Example 3: A framing carpenter is referred to a job that is to start the following Monday, weather permitting. The job opening exists even though the beginning date is contingent upon the weather, because such a contingency is customary in the construction industry.
Example 4: A stenographer is referred to a job on Wednesday. The job is to begin the following Monday if an expected contract materializes. A job opening does not exist because such a contingency is not customary in the hire of office help.
- Claimant Adequately Informed
In P-B-310, the claimant had eleven years experience as a salesperson in ladies ready-to-wear. She filed a claim and registered as a ladies ready-to-wear salesperson on September 4. On September 25, the claimant was referred to a department store. The claimant interviewed with the prospective employer who informed her he had no openings in ladies' ready-to-wear, but she "could work out front some place in the notions or in some yardage." The claimant knew nothing about yardage and declined the offer. There was no evidence in the record to indicate that the claimant had been informed of the working conditions of the job by either the department interviewer or the employer. The Board stated:
". . . In this case, the claimant was referred by the Employment Service to a position with a department store as a sales person. She accepted the referral and called upon the prospective employer, but was informed by him that there were no openings in the claimant's usual occupation as a sales person of ladies' ready-to-wear. The evidence indicates that there may have been some discussion of a position involving the sale of notions and yardage. She testified that she was not informed of any of the details concerning a specific opening, nor, as far as the record shows, was there any information given her concerning the wages, hours and working conditions of the prospective position. Under these facts, we are unable to find that the claimant was offered suitable employment and refused the offer without good cause. . . . "
After determining that the claimant was adequately informed and a job opening existed, a determination can be made as to whether or not the job was suitable. If the answer to any of these questions is "No," there is no need to go further, as the claimant cannot be disqualified under Section 1257(b) unless all of these factors are present.
Additionally, in P-B-6, the Board held it is the responsibility of the Department to insure that the claimant understands he or she is being given a referral to work, in addition to informing the claimant of the possible effect a refusal of a job referral might have on receipt of future benefits. In this case, the claimant was notified of an available job as an order filler for a chain grocery warehouse. The wages and hours were discussed with the claimant and the interviewer told the claimant that this was the only available opening in his line of work. The claimant responded that he wanted something in the daytime, if he could. The interviewer did not give the claimant the referral, nor did the interviewer tell the claimant that refusing a referral could effect his eligibility for benefits. In its decision, the Board stated:
"The issues in the instant case are:
- Was the claimant aware that he was being given a referral to suitable work by the department representative.
- Was there an obligation on the department representative to inform the claimant clearly that he was being given a referral to suitable work.
The evidence shows that the potential job was described adequately, and it is clear that the claimant recognized the job description as one which fell within his capabilities. The record is virtually silent, however on the import of this recognition. . . . We conclude that the evidence in the case does not establish that the claimant realized he had refused a referral to a suitable job under the provisions of section 1257(b) of the code. The record shows he had indicated merely a preference for daytime work.
Did the department representative then have the responsibility to insure that the claimant was informed that he was, in fact, being given a referral to suitable work? We believe she did. There is no statutory obligation that the department go beyond the steps taken in this case. However, in a situation of this type, it is the department representative who has the superior knowledge. The department representative could have eliminated all misunderstanding by asking the claimant directly if he refused the referral outlined or would apply for the employment described. She did not do so. . . . Therefore, it is our opinion that the department representative had a responsibility to require the claimant to take a clear-cut position of accepting or refusing the referral. We believe, too, that she had the responsibility of advising the claimant that he risked disqualification if it were determined he had refused referral to suitable employment. In this connection, we feel the warning contained in the Handbook for Claimants is not sufficient."
It is important to note that the Board also held that the Department's responsibility to inform the claimant that he may be disqualified for refusing a referral to suitable work is not fulfilled by presuming that the claimant has read the statement contained in the handbook.
B. The Referral Process
"Referral" means that a public employment office has directed a claimant to employment which was open at the time of the referral.
"Referral" includes any referral made by a placement interviewer, whether made in person, by telephone, by mail, or any other method that might be used to inform the claimant.
"Referral" also includes those cases where the placement interviewer would have referred the claimant to a job, but the claimant's actions or attitude made the formal gesture futile.
"Referral" may also include a referral by the claimant's union or an offer of work through a private employment agency.
"Referral" does NOT include referrals made from other sources, such as friends, relatives or employers.
- Referral by the Public Employment Office
Unemp. Ins. Code, Section 1257(b), provides that a claimant is ineligible if he refused or failed to apply for suitable work "when notified by a public employment office." Unemp. Ins. Code, Section 137, defines a public employment office as:
". . . a free public employment office or branch thereof operated by this State or maintained as a part of a state-controlled system of public employment offices."
In most cases, the Employment Service attempts to complete a referral during a personal interview with the claimant. When this is not practical, any one of several methods may be used, such as contact by telephone, notification by card or letter, or on occasion, through a third party.
Regardless of the method used, when determining whether the claimant has actually been referred, the following should be taken into consideration:
- The claimant must receive and understand that he has received a referral to possible employment.
- A claimant is not responsible for the actions by another party, UNLESS he or she had designated the other party as his or her authorized representative.
If there is any doubt as to whether the claimant received the referral or that he understood that he was being referred, that doubt should be resolved in favor of the claimant.
- Referrals From Other Sources
Referrals can also come from sources other than public employment offices. Such referrals may or may not raise an issue under Section 1257(b).
Union Referrals
In the construction trades, the union is usually considered a hiring agent because most union referrals are automatically hired. Even though the employer retains the right to refuse to hire a union referral, the union can be considered a hiring agent if the employer:
- Clears with the union his or her reason for not hiring the referral, or
- Pays "show-up" time to a referral who is not hired.
Therefore, when a claimant, who is a member of a trade union that acts as a hiring agent, refuses or precludes a union referral, he or she may be subject to disqualification for refusing suitable work.
Private Employment Agency Referrals
Another method of seeking work is registration with a private fee agency. Title 22, Section 1253(c)-1, provides:
"No claimant . . . shall be denied benefits solely on the ground that he has failed or refused to register with a private employment agency or any other placement facility which charges the job seeker a fee for its services."
However, when a claimant voluntarily registers for work with such an agency, the claimant accepts this condition. And, once the claimant accepts a referral from this or any other source and, at the employer interview, precludes an offer or refuses an offer of work, an issue arises under Section 1257(b). This situation was discussed in P-B-70. The claimant was a technical writer who was referred to work by an employment agency which acted as a job shop for people in his occupation. The claimant refused the offer when he learned that the employer had to pay the agency a fee for referring the claimant to work. The Board held that the claimant had refused suitable work without good cause and stated:
". . . (I)f suitable work is offered to him through the agency with which he is registered, he does not have good cause for refusing such job merely because he or the employer would have to pay a fee for the services rendered. Otherwise, it would be an idle act for the claimant to seek work by registering with such an agency. . . ."
- Referral Acceptance
Once a referral is accepted, the claimant is expected to apply "with reasonable diligence," unless given specific instructions to do otherwise. When the claimant verbally accepts a referral, then fails to act with promptness and diligence, he or she, has in effect, refused suitable employment.
P-B-312 held that "reasonable diligence" cannot be arbitrarily defined; it must be decided from the circumstances of each particular case. In this case, the claimant arrived at the Department around 11:00 a.m. Shortly thereafter she was given a referral to employment which was two miles from town. On the day of the referral she was without transportation. The claimant telephoned the employer to make an appointment for interview. During the conversation, the claimant was told that the person authorized to do the hiring would not be available until the following morning. The claimant reported to the employer on the following morning and was told that the position had been filled. The claimant was disqualified for failure to exercise due diligence in reporting to the prospective employer. In its decision, the Board stated:
"The question or ordinary diligence must be decided from the circumstances of each particular case. If it appears from the facts that an individual is chargeable with negligence in not promptly applying for work and thereby loses an opportunity to secure employment, such individual would be subject to disqualification . . . . On the other hand, if the facts are such as to demonstrate that the individual did everything in his or her power that an ordinary and reasonably prudent individual would have done, then no disqualification under section 1257(b) of the code is proper. . . . (W)e are of the opinion that the claimant, as a reasonably prudent person, actively pursued the referral which she was given by the local office. Therefore, we conclude that the claimant did not lose an employment opportunity through any fault attributable to her and is not subject to disqualification . . . ."
The Board felt it significant to note that the claimant's purpose for calling the employer was to arrange an appointment, not to present her qualifications or discuss the job.
The time at which the referral is made must be considered when evaluating "diligence." If a referral is made late in the afternoon, without specific instructions to report on the same day, waiting until the next workday to apply would be considered reasonable.
Certain circumstances, such as illness, accident, or legal obligation, may constitute good cause for failure to apply with reasonable diligence. However, good cause is negated if the claimant does not act upon the referral as soon as the circumstances constituting good cause no longer exist.
NOTE: If the position for which the claimant was referred is still available at the time of determination, and the claimant wishes to apply for the position and does so, there can be no disqualification for failure to apply.
- Referral Refusal
In the absence of good cause, the claimant will be subject to disqualification if, without good cause, he or she either:
- Refuses the referral, or
- Accepts a referral, but later fails to report for an interview with the employer.
In P-B-134, the claimant refused a referral explaining that she was afraid to work in the area of the employer's business because there had been a riot in the area approximately two years prior and the rioters had attempted to overturn her car. In its decision, the Board stated:
"The prospective work was within the claimant's prior experience . . . . At the time of the referral the claimant had been unemployed for over six weeks and had no other prospects. Accordingly, the work was in all respects suitable. . . . A claimant who is in doubt as to the suitability of work to which he is referred should apply in person to the prospective employer and ascertain at firsthand whether the work is suitable. . . . Had she investigated the area of the work location, she would have found that it was far from the recent troubles and in a quiet section of Berkeley. Accordingly, we conclude that the claimant did not have good cause for her failure to apply for this suitable work and she is subject to disqualification . . . ."
A claimant cannot be disqualified for refusing a referral to work if he or she was given several simultaneous referrals and applied to at least one of the employers. However, if the claimant was given specific instructions by the Department to contact all of the referrals, unless hired first, and in spite of these instructions the claimant failed to do so, the individual may be subject to disqualification.
A claimant who delays making contact on a referral because he or she thinks that another job prospect is about to occur, would also be subject to disqualification.
When the claimant alleges that he or she was unable to apply because of misdirection or being prevented from applying it must be shown that:
- The claimant was actually misdirected and took reasonable steps to obtain correct information, or
- The claimant was prevented from applying by compelling circumstances AND applied as soon as reasonably possible after the compelling circumstances no longer existed.
- Preclusion of Referral
If it is clear that the claimant would not be interested in the referral, the formal making of a referral would be a futile gesture and is not required for a disqualification under Section 1257(b). Such was the case in P-B-311, where the Board stated:
". . . While a referral card was not given to the claimant by the Employment Service, to have done so under the circumstances would have been an idle act, in view of the claimant's lack of interest in the particular position. The absence of a formal referral where the claimant by her actions indicates that she will not consider the work offered is immaterial in determining whether or not there has been a refusal of a referral to suitable employment."
However, it is not sufficient for the interviewer to presume the claimant is not interested in the position. In P-B-311, the claimant was last employed as an electrical bench assembler at an aircraft company for a period of about ten months. When the claimant was laid off due to a reduction in force, she filed a claim for benefits and registered for work. The Department advised the claimant of the existence of an opening with a plastic company as an assembler. The position was permanent and the claimant was required to pass an aptitude test as a condition of hire. The claimant said she was willing to take the aptitude test and if hired would go to work, but, if her former employer recalled her to work she would quit and return to her former employer. Because of her last statement, the Department withdrew its offer of referral. At the appeal hearing, the claimant testified that at all times she was willing to accept the offered position. She contended that she wanted to be perfectly honest with the Department, and therefore informed the interviewer of her intention to return to her former employer in case of recall because it was a better job. The claimant had been unemployed for about ten weeks as of the hearing and had no definite prospects for reemployment. In its decision reversing the disqualification, the Board stated:
". . . Here, the claimant clearly indicated a willingness to apply for the position in question and a willingness to accept the work if offered. The only reservation expressed by the claimant was to the effect that, if her former employer should recall her to work at some indefinite time in the future, she would return to that employment. Her position in this respect is certainly understandable in view of the very substantial wage differential existing between the two employments. In our opinion, her statement in this respect cannot be construed as indicating an unwillingness on the part of the claimant to accept the referral . . . . Under the circumstances, since the department in effect withdrew its offer to refer the claimant to employment, the claimant may not be subjected to disqualification . . . ."
If the interviewer decides not to discuss the prospective employment with the claimant because the claimant at the outset of the interview, and before the job conditions are given, exhibits a restriction which would make it futile even to discuss the matter, then the issue raised is that of availability only and not of refusal under Section 1257(b).
C. The Interview Process
Except where otherwise noted the principles discussed apply only to interviews resulting from a referral by a public employment office or to interviews resulting from an unequivocal and outright offer of work made by an employer or his authorized agent. Interviews resulting from the claimant's independent search for work, or from a suggestion by an employer that he apply for work cannot result in disqualification under Section 1257(b) unless an unequivocal and outright offer is made during the course of the interview. When an actual job offer is refused, regardless of the source of the referral or "lead," that refusal may result in a disqualification.
- Necessity for Interview
As a rule, it is necessary for a claimant to be interviewed by the employer when referred by a public employment office, or when the interview is requested by an employer for a definite offer of work. However, if the information given on the referral or in the offer, such as wages, hours, and other conditions of work, CLEARLY renders the work unsuitable or affords the claimant good cause for refusal, an interview with the employer is not necessary.
Such was the case in P-B-326 where the claimant refused an offer of reemployment with her former employer. While previously employed, the claimant had on numerous occasions objected to the assignment of duties which caused damage to her clothing and which did not afford her an opportunity to make appropriate changes in her attire. Her request to have this situation remedied had not resulted in a satisfactory solution to the problem. As a result the claimant voluntarily left the employment because of unsatisfactory working conditions. The employer stated that adjustments could have been made in the conditions of the employment if the claimant had responded to the offer and voiced her objections. In its decision, the Board stated:
". . . (E)vidence shows that the claimant's supervisor was cognizant of the claimant's reasons for leaving the work and the claimant stated that when she refused the employer's offer of work by mail, she indicated her reasons for refusal as unsatisfactory working conditions. . . . The claimant was justified in assuming, when not notified to the contrary, that the offer of reemployment was to the same position and under the same working conditions as she had previously found to be objectionable, and therefore was under no obligation to investigate the proffered work. . . ."
However, where the claimant has any doubt as to the wages, hours, or conditions of work, or the willingness or ability of the prospective employer to adjust the terms of hire so that they will be acceptable to the claimant, the claimant is under obligation to apply in person.
In P-B-305, the Board disqualified the claimant and stated:
". . . We have previously held that a claimant who is in doubt as to the suitability of work to which he is offered a referral, must apply in person for the position and ascertain at firsthand whether or not it is suitable in fact; and that refusal of the referral under such circumstances is tantamount to a refusal of suitable work. . . ."
Occasionally, instead of a personal interview with the employer, a claimant may rely upon some substitute or alternative for the interview, such as a telephone call or sending a friend or relative.
Other Substitutes
Occasionally a claimant will send a relative or close friend to an interview with the employer on his or her behalf. Although such an arrangement may be satisfactory to the claimant and furnish him with the information required to reach a decision, it is seldom satisfactory to the employer. The purpose of an interview is twofold: To enable the applicant to determine whether the job is acceptable, and also to enable the employer to determine whether he or she wants to hire the applicant. In such cases, the claimant may be subject to disqualification for failure to apply, unless the claimant's action in sending a substitute was indicative of diligence.
For example, a claimant is sick when due to report for an interview. He attempts to notify the employer by phone but is unable to do so. He then sends a friend to conduct the interview for him, or if the substitute is not satisfactory to the employer, to arrange for another interview when the claimant is able to attend. In this case, the claimant has shown diligence on his part, and would not be subject to disqualification under Section 1257(b) on the basis that he had relied upon a substitute.
Husband and Wife Team
In some cases, a job offer or referral for "couple" work may be made to only one member of the team. If both the husband and wife have claims, the party not present for the referral interview may be subject to a determination regarding the resultant SW issue only if:
- The claimant has a past pattern of working with the spouse as a team, and is currently registered for and seeking work with the spouse as a team, or
- The claimant has designated the spouse as the spokesman for the team and has stated that the spouse's decision will be accepted as binding.
Occasionally, one member of a husband and wife team may receive an offer of work as an individual. If it is determined that the husband and wife meet the criteria in paragraph 1 above, and the acceptance of work as an individual by either of them would prevent them from working as a team, the individual would have good cause for refusing such an offer. A disqualification would be appropriate only if there was little or no prospect for work for the couple as a team.
- Failure to Reach Agreement
An interview with an employer may fail to result in the claimant's hire for such reasons as the following:
- The employer decides that the claimant is not suited for the work, or that some other applicant is preferable.
- The employer and the claimant fail to understand each other. For example, if because of defective hearing or poor command of English an employer misinterprets what the claimant says regarding his qualifications and consequently makes no offer of work, no disqualification can result under Section 1257(b).
- Proposals and counter proposals by the employer and the claimant may lead the employer to conclude that the claimant would not be interested in the work, or may lead the claimant to conclude that the employer would not be interested in hiring him or her. For example, the employer may honestly believe that at one stage he agreed to the claimant's proposals and made a definite offer, whereas the claimant may with equal honesty believe the contrary. In these cases, the decision must be based on the more plausible side of the conflict. If the statements are equally plausible, the claimant's statement would be accepted.
- The claimant terminates the interview before any offer is made. The process of being interviewed for a job frequently involves more than one brief interview with one representative of the employer. The interview may pass through such various stages as contacting the receptionist, completing application forms, interviewing the personnel representative, and finally interviewing with the employer or supervisor for a final decision.
Where a claimant fails to complete an application, he or she may be subject to disqualification unless, (1) the application form asks questions that are illegal or unreasonable, or (2) the claimant asked the employer representative for reasonable assistance in completing the form and was refused.
Additionally, employers are frequently busy and cannot immediately give their attention to interviewees. In such a case, the claimant is expected to wait a reasonable time to be interviewed. A claimant's failure to wait for an interview, even for an extensive period of time, is tantamount to a refusal unless the claimant had a compelling reason for failure to wait and made a reasonable effort to arrange another interview.
However, if it is shown that the employer's delay in interviewing the claimant was unreasonable, inexcusable or intended to discourage the claimant from applying for work, the claimant would not be subject to disqualification. Such a situation may arise when an employer is prejudiced against the claimant's age, sex, race, physical disability, or union affiliation and does not want to confront the claimant.
It must be clearly recognized that, as a general rule, a claimant may properly attempt to negotiate a higher wage or better working conditions than those originally offered by the employer. However, the claimant's insistence upon terms that the employer is unable or unwilling to meet may result in the claimant precluding any offer of work.
- Preclusion of Job Offer
If the employer decides not to offer the job because he thinks that the claimant is not suited to the work or that some other applicant is preferable, no disqualification results under Section 1257(b).
But, where the claimant conceals or minimizes qualifications, the individual may be subject to disqualification, if as a result of the action, the prospective employer reached the conclusion that the claimant was not qualified or was not interested in the prospective employment.
In P-B-309 the claimant, a salesclerk, registered for work without unreasonable limitations or restrictions on acceptable employment. She subsequently accepted a referral to work as a salesclerk for a drug store. The claimant contacted the store and during her conversation with the employer stated that she could not sell. The claimant was not employed for this reason. At the hearing the claimant said she had believed the work required aggressive salesmanship and she was inexperienced at such work. In its decision, the Board stated:
"In many prior decisions we have held that a disinterested attitude on the part of a claimant interviewing a prospective employer is tantamount to a refusal of the work. In the instant case the work offered to the claimant was in her usual occupation as a salesclerk, and paid the prevailing wage rate in the locality. The claimant assumed that she was unable to perform the work, without giving it a trial, and her negative attitude prevented her from obtaining the position. Therefore . . . she is subject to disqualification . . . ."
While a claimant may not refuse a referral or job offer outright, his or her actions when reporting may be tantamount to a refusal. In P-B-308, the claimant was referred to work as a maintenance man by a private employment agency. He was interviewed by the employer, and hired to start the next morning. Prior to reporting to work, he had "a few drinks." Upon seeing his condition, the foreman told him that there was no work for him since he had been drinking. In his appeal, the claimant contended that the work was not suitable in the first place since it was not in his usual occupation. In its decision, the Board stated:
"In the instant case the claimant was referred to employment, interviewed, and was offered employment commencing the next day. However, he reported to work in a condition which precluded his entering upon the job. Although he contends the work was not suitable, his contention is without merit inasmuch as he was fully aware of the conditions of employment and accepted them. The claimant had not actually commenced to perform any work. We therefore hold that he . . . without good cause, refused to accept suitable employment when offered to him."
Another situation in which the claimant may preclude an offer of work is that in which the individual has recall rights to employment, but the employer is unable to contact the claimant because of an incorrect address. For example, in P-B-92 the claimant was laid off for lack of work on March 20. As employees were laid off and recalled in order of seniority and in accordance with a collective bargaining agreement, they were required to provide the employer with a current address. Employees who did not respond to a notice of recall within three days were dropped from the recall list. When the claimant was laid off, she was told (both verbally and in writing) to keep the employer informed of her current address. While on layoff, the claimant moved. The employer attempted to contact the claimant by telegram, but, after three days with no response, removed her name from the rolls. The claimant testified that she had notified her supervisor, but at the hearing, the slip submitted by the supervisor showed only her prior address. In its decision, the Board stated:
"The employer was under a contractual obligation not only to offer this claimant work on that day but to hold the job for the claimant for at least three days. The claimant was obligated to keep the employer informed of her current address during the period of her unemployment. Had the claimant met this obligation, she would have been offered suitable work. . . .
(A)lthough she testified that she did meet her obligation to the employer . . . the preponderance of the evidence established that she did not do so. Thus, she effectively precluded the receipt of the offer of work. . . . "
- Failure to Report for Work or Preemployment Physical and Failure to Pass Preemployment Physical
Unemp. Ins. Code 1257(b) provides in part:
"An individual is also disqualified for unemployment compensation benefits if:
(b) He or she, without good cause, refused to accept suitable employment when offered to him or her, or failed to apply for suitable employment."
Failure to Report for Work:
A claimant who accepts an offer of work but without good cause fails to report for work as directed, is subject to disqualification under Section 1257(b).
If the claimant is prevented from reporting to work because of some compelling reason, he or she has good cause, provided the individual notified the employer of the circumstances.
If the compelling circumstances are such that there would be no possibility of the claimant's obtaining employment, notification is not necessary.
For example: A claimant who was prevented from reporting for work which he had accepted because of temporary illness, would have good cause provided he informed the employer of the circumstances. However, if the illness or accident was such that there was no hope of the claimant's obtaining the employment, he would not be obliged to inform the employer.
If the acceptance of some other employment constitutes the claimant's reason for not reporting to the accepted work, the controlling principle is similar to where a claimant quits one job in order to take another. The other work must be:
- Definitely assured.
- Permanent; except if the work to which he did not report was only temporary, the other work may also be temporary.
- Equal or better, in terms of pay and working conditions.
NOTE: If the claimant shows up for work and performs any work for even the briefest period and then quits or is discharged, the issue is a separation under Section 1256.
Failure to Pass or Failure to Report for Preemployment Physical
A claimant's failure to pass a physical does not raise an issue under Section 1257(b). However, when a claimant refuses to take a physical, a question of eligibility is raised under Section 1257(b). In such cases, the claimant's eligibility is determined the same as a refusal of work; his or her eligibility is based on the reason for the refusal. (Refer to the Section that covers the basis for the claimant's refusal.)
A private employer may condition an offer of employment on the results of a medical examination conducted to determine fitness for the job, including tests for drugs and alcohol, provided all applicants in similar positions are given the examination. The employer requirement is also subject to certain restrictions on discriminatory conduct regarding race, color, religion, sex, national origin, age, physical handicap, or certain medical conditions.
The major problem area in preemployment physicals is that of drug testing. Regarding such testing, the California Labor Code, Section 1025 provides:
"Every private employer regularly employing 25 or more employees shall reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the employer.
Nothing in this chapter shall be construed to prohibit an employer from refusing to hire, or discharging an employee who, because of the employee's current use of alcohol or drugs, is unable to perform his or her duties, or cannot perform the duties in a manner which would not endanger his or her health or safety or the health or safety of others."
In Wilkinson v. Times Mirror Corporation, a California Court of Appeal case, Ms. Wilkinson and her two coplaintiffs agreed to take the physical examinations required by the employer, but refused to agree to being drug or alcohol tested as a part of that examination. When they were denied consideration for employment based upon their refusals, they sued the Times Mirror and four other businesses under Article 1, Section 1 of the California Constitution, which provides:
"All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
The plaintiffs contended that no private employer may ask an applicant to consent to an invasion of privacy simply because the applicant has no independent "right" to the job in the first place; that drug testing is unreliable and ineffective in accomplishing the goal of a drug-free workplace; and there was no direct relationship between drug testing and fitness for the job.
The defendants contended that the privacy consideration of the California Constitution did not apply to private employers; that there was minimal intrusiveness in the drug testing as the applicants were taking physical exams anyway; that the testing procedures were designed to minimize intrusion into individual privacy; that the applicants were aware of the employer policy at the time they applied for work; and that there was a direct relationship between physical condition and medical history and the job.
In defining the concept of "privacy" in the context of the California Constitution, the Court stated:
". . . The right of privacy is the right to be left alone. It is a fundamental and compelling interest. It protects our homes, our families, our thoughts, our emotions, our expressions, our personalities, our freedom of communion, and our freedom to associate with the people we choose. It prevents government and business interests from collecting and stockpiling unnecessary information about us and from misusing information gathered for one purpose in order to serve other purposes or to embarrass us."
The Court found that applicants for employment, as opposed to employees, have no reasonable expectation of privacy. "An employer may require an employee to meet physical standards reasonably related to the duties required by the job and the health and safety of the employee or others." Additionally, the court found:
"A private employer has considerable discretion in setting job-related hiring standards. A private employer unquestionably has a legitimate interest in a drug and alcohol-free work environment, and in excluding from employment those individuals whose drug and alcohol use may affect their job performance or threaten harm to themselves . . . . Our conclusion is not necessarily a conclusion that preemployment drug and alcohol testing of private sector job applicants is either good public policy or the best solution to the problems of drug and alcohol abuse in the work force. . . . The difficult and delicate task of balancing the privacy rights of job applicants and employees against the legitimate business safety concerns of private employers involves policy determinations which are peculiarly within the purview of the Legislature, and we urge that body to recognize and act on its obligation to provide guidance in this much debated area."
In the Wilkinson case, the applicants did not consent to the drug screen as part of the routine preemployment physical, and the employer requirement was found to be neither violative of privacy considerations nor unreasonable. The Court did, however, issue a general warning:
"We do not hold that all preemployment drug and alcohol testing by private employers is constitutional, or that a private employer's hiring practices are absolutely immune from judicial scrutiny. There may be preemployment inquiries and requests of a personal nature which are so intrusive as to be constitutionally unreasonable. . . ."
In contrast to private employers, public employers are constrained by the Fourth Amendment to the U.S. Constitution, which provides:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The term "governmental employer" refers not only to federal and state employment, but to city and county governmental entities and to those entities substantially regulated by the state, such as public utility districts.


text:
Borneo From Below - # 10
#10: Cute Sharks on the Hook in Borneo
Sharks…finely honed predators! Majestic mounds of muscle! But…adorable? That's right: off the coast of Borneo is a shark so cute you'd be forgiven for wanting to cuddle it. Catsharks might not fit the convention, but they're still fascinating creatures. In Episode 10 of Borneo From Below, Bertie takes a look at what makes this shark so interesting and investigates some of the threats it faces.

subset: commoncrawl


text:
Question by cjs669 · Apr 13, 2017 at 06:25 PM · bugsbug report
[Bug report] False Delivered Status
I would like to notify you of a bug I discovered.
On "Purchase History" page there is a notification displayed under the purchased items, which displays information like the tracking number, an estimated delivery date, or if the item is delivered. I found an item which displays a false "Delivered" notification. Please view the screenshots for more info.
Best regards, Chris
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Wednesday, June 07, 2006
The Fireflies
I like children. And sometimes I don't like them so much. Imagine my surprise as I volunteered every week in J's kindergarten class this school year, that I love being a part of the teaching system. With budget cutbacks, there is not enough in the budget to cover assistant teachers every day. So they have relied more heavily than ever on volunteers. I've truly loved working with these 19 children. As the school year comes to a close, I'm realizing that experience is about to end. I've got one more day in the classroom with them and that's it. I'm feeling a bit sad about that. They are all wonderful little kids, each different in their own way. Some I will cross paths with in the new school, but most I won't. I hope the Fireflies all enjoy their future school experiences as much as I've enjoyed this year.
Posted by Disney Mummy at 10:17 AM
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Design a Logo
Bütçe $30-250 USD
I need a sound and a short name for the hookah, as well as the logo
Bu iş için 55 freelancer ortalamada $74 teklif veriyor
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text:
Neil and Marcus went to Gary's Picnic at Avon Park to watch the Outlaws race, and then onto Santa Pod to the European finals.
Great to see a few cars we've lettered , painted or striped over the years still looking good on the track at 'Shakey' and the 'pod'......here are some favs
Viva Skeg Vegas
Some trophy skate decks for skeg vegas vw show next weekend, both will get the full stripe treatment from Neil before next week.
Hoye Division
Coming on, more shades and outlines to come.
no we have'nt been on holiday
work has got on top a bit..so sorry for the loss of radio contact....here is a brief update just to prove we have'nt been sunning ourselves some where nice!!!
Dave Gibbon's brought in his model T altered....the original shell he raced last back in 1984, tracked down to a nightclub in Austria...he went and bought it back, and is restoring it to its heyday condition....and intends to use it in anger.
Taxi cab half wrap for a local consulting firm
Some striping on a Harley for a limited edition 'Boss Dog'
Jezz Hoye's fabulous 65's econoline...302 powered, in for some 70's inspired graphics and lettering , running original rockets.
Jezz uses this as a daily driver, and as a promo vehicle for hoyedivision.com
loads more outlines and shades to go on this.....I'll get some more pics up as it evolves
Stan and Paula Atkin's Pro stock Mustang
With a ford Hemi, imported with the existing paint scheme, Neil airbrushed the mustang horse and fake chrome grille.


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Blacksburg, South Carolina
Shelby Street in Uptown Blacksburg
|Nickname(s): Iron City
|Motto(s): Beginning the New Beginning
Location of Blacksburg
|Coordinates: 35°7′14″N 81°30′59″W / 35.12056°N 81.51639°WCoordinates: 35°7′14″N 81°30′59″W / 35.12056°N 81.51639°W
|United States
|South Carolina
|• Mayor
|David Hogue
|• Town
|1.87 sq mi (4.85 km2)
|• Land
|1.87 sq mi (4.85 km2)
|• Water
|0.0 sq mi (0.0 km2)
|774 ft (236 m)
|Population (2010)
|• Town
|• Density
|987/sq mi (381.2/km2)
|• Metro
|Time zone
|Eastern (UTC5)
|• Summer (DST)
|ZIP code
|Area code(s)
|864, 803
|FIPS code
|GNIS feature ID
Blacksburg is a small town in Cherokee County, South Carolina, United States. The population was 1,848 at the 2010 census.[3] The communities of Cherokee Falls, Kings Creek, Cashion Crossroads, Buffalo, and Mount Paran are located near the town.
Blacksburg is in Upstate South Carolina on the Interstate 85 corridor about 45 mi (72 km) southwest of Charlotte, North Carolina. It is part of the Greenville-Spartanburg-Anderson Combined Statistical Area (CSA) which has a population of 1,173,433 according to 2004 estimates by the U.S. Census Bureau.
Located near the northern border of the state, the present-day site of Blacksburg was first settled by a man named Stark. Mr. Stark, who had lived in Charleston, South Carolina prior to moving to the area, had gotten several people to come along with him on an agriculture venture, but this venture would fail. Those who stayed behind named the area "Stark's Folly".
In the late 19th century the Black family, headed by John G. Black, a Confederate veteran, was living in the area and persuaded the C.C. & C. Railroad Company to lay track through the town and build a depot. The town soon became known as "Black's Station" in honor of John G. Black and was renamed "Blacksburg" in 1888.
Major John F. Jones of Massachusetts came to live in Blacksburg when hired as superintendent of the C. C. & C. Railroad. He donated his own money to build a school, hotel (the Cherokee Inn), and several other buildings in Blacksburg. He lived in Blacksburg until 1922, when he was appointed the South Carolina Internal Revenue Collector by the President of the United States.
In the 1890s large amounts of iron ore were found in the area, and many people hoping to make a fortune from mining it flocked to the town. Blacksburg became a boom town, and hotels and saloons were built for the new visitors. The town went by the name "Iron City" for a short time. Because of the "iron rush" the town became quite wealthy. It installed the first electric street lights in Upstate South Carolina and perhaps in the entire state.[4][5] The city was incorporated in 1888 as "Blacksburg" but still holds the nickname of "Iron City".
The Kings Mountain State Park Historic District was listed on the National Register of Historic Places in 2008.[6]
Blacksburg is located in northeastern Cherokee County at 35°7′14″N 81°30′59″W / 35.12056°N 81.51639°W (35.120676, -81.516291).[7] It is 4 miles (6 km) south of the North Carolina border.
According to the United States Census Bureau, the town has a total area of 1.87 square miles (4.85 km2), all land.[3]
Whitaker Mountain is partially in the northern corner of the town, with a summit elevation outside the town limits of approximately 1,169 ft (356 m).
Major transportation routes[edit]
- Interstate 85 runs northwest of the town, with access from Exits 100 and 102. There is a South Carolina Welcome Center at milemarker 103.
- US 29 is a two-lane highway that runs through the downtown area and serves as the main street (Cherokee Street). It leads southwest 8 miles (13 km) to downtown Gaffney and northeast 6 miles (10 km) to Grover, North Carolina.
- South Carolina Highway 5 is a four-lane road that passes east of the town center. SC 5 North ends at the south end of the bridge over I-85 at exit 102, 2 miles (3 km) north of the center of town. SC 5 South leads southeast 19 miles (31 km) to York and 34 miles (55 km) to Rock Hill.
- South Carolina Highway 198 is a four-lane road that begins at the north end of the bridge over I-85 at exit 102 and leads north 14 miles (23 km) to Shelby, North Carolina.
- Mayor: David Hogue
- Town Council members:
- Dennis Stroupe (District 1)
- Mike Patterson (District 2)
- Darren Janesky (District 3)
- S. L.Ford (District 4)
- Town Administrator: Charlene Carter
Other information[edit]
- The Ed Brown Championship Rodeo attracts an estimated 22,000 people to the town on the first Friday and Saturday of August each year. In the past, the town had "Rodeo Days" Festival with several events including, a parade, car show, and street dance. The rodeo, started in 1968, features bareback riding, saddle bronc riding, calf roping, steer wrestling, ladies barrel racing, bull riding and other events.
- The Blacksburg High School Marching Band has won the Class A state championship four times in the 21st century: 2002, 2003, 2004, and 2005.
- The Blacksburg High School football team won the state football championship in 1976
- Historic Downtown Blacksburg is home to the Upstate's first Contemporary Dance and Theatre training school, Carolina Modern Arts Collective (CMAC).
Nearby attractions[edit]
- Kings Mountain National Military Park and State Park, commemorating a battle of the Revolutionary War, are located about 8 miles (13 km) northeast of the town.
- The famous Peachoid, a 1,000,000 US gal (3,800,000 l; 830,000 imp gal) water tank shaped like a peach, is located 10 miles (16 km) west of the town, in Gaffney.
Annual events[edit]
- Iron City Ministries, a non-profit organization which helps people in Cherokee County with needs such as food and clothing, holds an annual fund raising event.
- The Iron City Festival was held for the first time in 2006. The festival commemorates the founding of the town and is sponsored by the Blacksburg Business Association, Inc. Iron City Festival is held the third weekend in April.
- The anniversary of the Battle of Kings Mountain is held annually on October 7-8th at the Kings Mountain National Military Park and honors those who fell at the Battle of Kings Mountain during the Revolutionary War.
Local media[edit]
- The Cherokee Chronicle, a newspaper serving Cherokee County, is published Tuesdays and Thursdays.
- The Gaffney Ledger, a newspaper of the city of Gaffney located 10 mi (16 km) southwest of Blacksburg, is published Monday, Wednesday, and Friday.
There are four public schools: Blacksburg Primary School, Blacksburg Elementary School, Blacksburg Middle School, and Blacksburg High School.
|Historical population
|Est. 2016
|U.S. Decennial Census[9]
As of the census[1] of 2000, there were 1,880 people, 785 households, and 503 families residing in the town. The population density was 1,018.8 people per square mile (392.4/km²). There were 911 housing units at an average density of 493.7 per square mile (190.1/km²). The racial makeup of the town was 74.52% White, 23.56% African American, 0.21% Native American, 0.11% Asian, 0.05% Pacific Islander, and 1.54% from two or more races. Hispanic or Latino of any race were 0.53% of the population.
There were 785 households out of which 31.0% had children under the age of 18 living with them, 40.3% were married couples living together, 19.5% had a female householder with no husband present, and 35.8% were non-families. 32.6% of all households were made up of individuals and 16.3% had someone living alone who was 65 years of age or older. The average household size was 2.39 and the average family size was 3.04.
In the town, the population was spread out with 28.2% under the age of 18, 7.8% from 18 to 24, 27.9% from 25 to 44, 21.8% from 45 to 64, and 14.3% who were 65 years of age or older. The median age was 34 years. For every 100 females there were 80.2 males. For every 100 females age 18 and over, there were 76.6 males.
The median income for a household in the town was $26,453, and the median income for a family was $35,208. Males had a median income of $27,384 versus $21,207 for females. The per capita income for the town was $16,833. About 13.7% of families and 17.4% of the population were below the poverty line, including 20.3% of those under age 18 and 29.4% of those age 65 or over.
Notable people[edit]
- James Rhyne Killian, 10th president of MIT, from 1948 until 1959
- Mikki Moore, professional basketball player, graduated from Blacksburg High School in 1993
- Jason Gilfillan, professional baseball player, graduated from Blacksburg High School in 1994
- Judy Rose, director of athletics at UNC Charlotte
- ^ a b "American FactFinder". United States Census Bureau. Archived from the original on 2013-09-11. Retrieved 2008-01-31.
- ^ "US Board on Geographic Names". United States Geological Survey. 2007-10-25. Retrieved 2008-01-31.
- ^ a b "Geographic Identifiers: 2010 Census Summary File 1 (G001): Blacksburg town, South Carolina". U.S. Census Bureau, American Factfinder. Retrieved June 30, 2015.
- ^ SCIway.net. http://www.sciway.net/ccr/sc-city-nicknames.html
- ^ Discoversouthcarolina.com. "Archived copy". Archived from the original on 2008-11-13. Retrieved 2008-08-10.
- ^ National Park Service (2010-07-09). "National Register Information System". National Register of Historic Places. National Park Service.
- ^ "US Gazetteer files: 2010, 2000, and 1990". United States Census Bureau. 2011-02-12. Retrieved 2011-04-23.
- ^ "Population and Housing Unit Estimates". Retrieved June 9, 2017.
- ^ "Census of Population and Housing". Census.gov. Archived from the original on May 12, 2015. Retrieved June 4, 2015.


text:
Solo Translation
"Right Now We Are Very Strong."
Aleksei "Solo" Berezin talks in short about ArtStyle as a coach, why Centaur Warrunner is so popular and who they want to face at the Major.
Editor's Note: This interview was originally released on March 21st, 2017
— Whose suggestion was it to invite Ivan «ArtStyle» Antonov as a coach and when?
— To be honest, I don't remember. I think RAMZES666 was the first one to think about him. We were thinking about who to take as a coach for a long time, but finding a person who we could put our trust and respect in turned out to be a very difficult task.
— How much has changed since his arrival? Does he just improve what you've already built?
— We figured a lot of things out before ArtStyle joined us, but he managed to affect our play and chemistry in these short two weeks together. Now that we have more time, I think he will bring a lot more.
— Lil and No[o]ne wrote about how easy the qualifiers turned out for them. Was it really so easy?
— This time we were prepared for the qualifiers. We managed to add much more to what we had prepared for DAC's qualifiers. We were truly very strong this time, much to the credit of correct tournament priorities.
— During the qualifiers, you were the one drafting, not RAMZES666. Why did you change the drafter?
— RAMZESS6 had a lot of cool ideas for the previous patch, this time I came up with a lot of ideas. We do things the way that would benefit the team at any given moment.
— Where did the Troll Warlord pick come from? He disappeared from the drafts a long time ago, and he was a novelty on the qualifiers.
— Troll Warlord — is one of the most versatile key heroes. He does well mid against many heroes, and he is quite strong as a carry at all stages of the game. Ideas come from everyone, someone suggests something and we try it out. We practiced a lot with this hero and were confident in his strength.
— You picked Lone Druid only once, but it was a loss. Were you not properly practiced on this hero yet, or was it just a blunder?
— We knew that this hero would be banned 90% of the games, so we practiced him the least. Regardless, we were still ready to play him. That game was more of a Magnus win than a Lone Druid loss..
— Centaur Warrunner was the most popular hero in the qualifiers. You often first picked him as a well. Why is he so good?
— CW has a strong initiation, laning, and the strongest Aghanim's Scepter buff in the game. More than that, he is very easy to draft around. He deserved to be the most picked and banned hero in the qualifiers.
— No[o]ne played Meepo a few times. Is that a practiced strategy or just something you played on unimportant matches?
— Like I am going to tell everyone if they should ban Meepo against us or not (laughs).
— After securing your spot in the play-offs, you started playing unusual strategies and heroes. Are they viable or only good to play for fun?
— Right now almost any strategy is viable. We ran a global-strategy, back from 2007, but Nature's Prophet should've been an offlaner. To be honest the strategy is not bad, it just needs practice.
— You picked Visage for Lil on your last group stage game and he killed everyone yet again. Why don't you pick him more often?
— Visage was badly nerfed a few patches ago and now he keeps getting buffed. It's a farming hero, not a playmaker. Lil more often plays the heroes that must make an immediate impact. We might prepare something with Visage for Kiev.
— You lost only two game, both to the signature Magnus of Dendi and fn. Was it intentional to give them away to try and counter them?
— Magnus is very strong right now, and it turns out that we are playing quite poorly against him. That is all I can say (laughs).
— The qualifiers schedule wasn't entirely even for the teams. Some had long breaks, some had to play many matches non stop. What are you more comfortable with?
— The most optimal way is to play one game and have a one game long break. We also had long breaks, we played first match at 12 AM, and the last at 12 PM. It is not very comfortable. Losers Bracket is also very difficult, three bo3 matches in a row — is overkill. The final should be played with both teams well rested.
— How do you evaluate your current form? If The Kiev Major would start today, would you be ready to beat the favourites?
— Right now we are very strong. 7.03 just came out and it throws some exp timings off and suggests to play split-push, but I don't think it would affect our play too much. We have a lot of interesting things we didn't get a chance to show saved up. We will definitely show everyone in Kiev. As 9pasha and Lil already said, we wait to face Evil Geniuses.
Source: https://www.cybersport.ru/news/solo-seychas-my-ochen-silny (by cybersport.ru)
Translator: dfs
Editor: OmniEulogy


text:
Boy… Wolf… Cry…
November 17th, 2009
So here I am, on the districtline neatly minding my own business, waiting for the train to depart from Earls Court. It's taking it's sweet time, but nobody bats an eyelid. This *is* TFL after all.
After a few minutes however, an announcement… "Ladies and gentleman. Due to an emergency we kindly ask you to leave the station immediately!"
This is not your standard message and everyone on the train looks up and at each other. A flurry of confused looks exchange and then: "Ladies and gentleman. Due to…" the message repeats as do some of the confused looks. Only some though, since most have changed from confused to "I'm not moving, I got a seat!"
At the third repeat, I pack up and hop off the train. Oddly enough only 3 others follow my example and we head for the exit. As we start up the stairs, another announcement. This time not a pre-recorded dooms message though: "ladeesh an gen'al'man… Ffanks for lis'ening to our daily alarm check notice…"
The four of us stare at each other and shake our heads. We head back to the train and hop on. We've lost our seats and now have to endure the triumphant smug grins from those that had remained seated.
Next time there's an alarm they can piss off; I'm not giving up my seat unless the flames are lapping at my feet!!!
– Posted from my iPhone
3 Responses to "Boy… Wolf… Cry…"
Americans would never leave
waarom verbaast mij dat nou helemaal niet, van 's werelds jongste pyromaan ooit…?????http://img.smileys.nl/2/wink.png
Zou het nog helpen als je ouwe moeder je toch in overweging zou willen geven om de volgende keer opnieuw braaf te doen wat ze je vragen? Want ik ben heel trots op je verstandige beslissing van nu!!!
You learn something new every day!!! He, he …


text:
We remember today not just a beloved design icon, video editor and avid gamer, but also my closest companion through thick and thin. At five years old, standing taller than fifteen inches, always feeling lighter than two and a half kilograms, the absence of your sturdy chassis pressed against my shoulders will always be felt. It will always be said that you died doing what you loved the most – running Final Cut Pro while I edited a World of Tanks gameplay video compilation. Your absence will leave a space on my desk, a hole in my backpack and a problem on Saturday when I have to visit Woody for the EU WoT League Grand Finals. Bugger.
On a serious note, it's not like I don't have other laptops, just nothing that competes with a Core i7 Quad and a Radeon 6490M. It'll take me months at least to replace this thing, and in the meantime I'll be rocking out to the retro stylings of my GF's old white Macbook. With a Core 2 Duo and an Nvidia 320M, it'll do for now. It'll probably struggle with Final Cut Pro, so I might be slumming it with iMovie for a while. My real issue is that this thing has nowhere near enough drive space to get a Windows Boot Camp partition set up to squeeze something playable out of World of Tanks. I switched it's 250GB spinning rust out for a 128GB SSD a while ago to relieve the drive latency problem and eek out some more usable years, and I don't have another SSD available – the MBP was struggling along with an HDD as well to give me enough space for my video editing projects and the aforementioned Tank partition.
My editing project is at least salvageable, as apart from gathering together all the assets I needed, I'd barely got into. Well, I guess I should stop wasting time and start bringing everything together on the Whitebook then. What's this borked lump of crap doing in the way? Get on the shelf and outta my mouse space, damn you!
EDIT: The Whitebook is handling scrubbing through 1080p30 okay, even playing it at x2 speed, but 1080p60… not so much. Also, I started a preview export of the first two and a bit minutes of my project. Previously this would have taken about 3 minutes to complete. I've had time to cook and eat a meal, wash up, talk to the GF about her day and type this update. And it's still not finished. My render speed is now one fifteenth of what it was. And something else has just occurred to me. My MBP would auto-switch between the IGP and dGPU. I wonder which one has actually died? I think it was on IGP mode when it started being screwy… ouch.


text:
2017-03-20 / Sports
Red Sox lefty Pomeranz pulled with tightness in triceps
FORT MYERS, Fla. (AP) — Red Sox pitcher Drew Pomeranz exited Sunday's start after two innings because of tightness in his left triceps, the latest setback for Boston's staff in spring training. The Red Sox said Pomeranz, in competition for a spot in the rotation, was pulled against Minnesota as a precaution.
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text:
If you could make your own reality show, what would it be about and who would be on it?
Interesting. I hate reality shows, but the fact that I'm answering this at all suggests that maybe I just haven't found the sort of reality show I could get into yet... disturbing thought! Most of life, ie. reality, is quite boring - especially for those not involved! But let's face it - reality TV is not 'REALITY tv' - not really. It's heightened reality, complete with set-ups, behind-the-scenes manipulations, showmen (and women), an added soundtrack (I mean, c'mon - don't you sometimes wish you'd had a soundtrack to alert you to what was going to happen in the last few minutes?!) and a whole lot of editing.
Despite not liking reality shows I do love a good mockumentary. There have been times in my life where things have gotten dramatic enough on a day-to-day basis that it's seemed completely surreal and I've wondered if the whole situation was either a ludicrous set-up for candid camera or if I was going to wake up anytime soon. And then there's the life I've wished I was living and daydreamed about things happening to add a little more spice to my oh-so-dull day. These are the 'there's a musical in my head' days and I often wonder what would really happen if people were made to get on board and be part of my private production.
So what immediately comes to mind as a show I'd enjoy watching would be, what I would call, 'Life Is A Musical' - You see, growing up in a land far distant from the US of A, seeing the old movies, there's this sense that America lives a life of song and dance. When I finally moved to the US I must admit I wouldn't have been completely surprised had I observed people breaking into song and dance in random situations. Being that I moved to a hop-skip-and-a-jump from Hollywood, I've seen HAVE something close to this happen a couple of times now, though it never lived up to the numbers in my imagination. Now, of course, there's the wonderful improv group that does just that - surprising the populace of study halls and food courts by tunefully sharing their perspective on the woes of lectures and the tragedy of absent napkins. I love this stuff. Watching and listening to the comments of the pissed off and/or surprised observers is pretty telling about people's states of mind and I applaud the bravery of the participants. So as far as a show goes, what if there were a group of people - living and/or working in close proximity - who were required to expound their triumphs, trials, woes and daily activities in musical format? Each person would be required to initiate a musical 'event' at least twice a day or lose their place (I believe the vernacular is 'get kicked off the island'). They can plan a little and set it up but it must occur spontaneously and the other participating (and unprepared) members would be required to join in, with additional points given for making a number better/funnier/more entertaining. Essentially it would be improv theater, taken off stage and into the daily lives of those on the show and those fortunate - or unfortunate - enough to surround them at the time. The participants - starting with at least ten - would have to have enough musical talent to sing, enough comedic sense to entertain on the fly, enough movement skill to pull off some spontaneous choreography smoothly and enough sense of team work to figure out how to work with other members best in the heat of the moment for the best entertainment value. The reality TV production crew would provide creative and 'on-the-spot' lighting, musical accompaniment and help with corralling the general public when a number is in progress.
Yes - I'd definitely watch that.
So if I hate reality TV, why am I answering this writing prompt? Because I'm beginning to realize that a strong negative reaction on my part means I've got some soul searching to do. When I take the time to honestly try and figure out why I react as I do I get some interesting insights about myself.
What I've learned in considering this is that I'm not big on reality in general. No surprise there, I'm a fantasy writer after all, but the interesting thing about this that I realize I truly believe we all have the power to make our lives, and the lives of others, far more interesting than we generally do. Yes, it takes a lot of effort but that's when those memorable moments come and we are glad we were living our life - not just parked in front of a TV version of another's. Everyone has the opportunity to shine in one way or another. It doesn't mean taking center stage necessarily but it does mean taking opportunities when they're presented to us, putting our heart and soul into the moment and finding the magic in the ordinary. When we have the courage to live this way we inspire others to take what life offers and live it fully, not letting it pass them by. Our own stories are unique and interesting but if we're not interested, no one else will be either. What magic are we passing by because it's too much trouble to see? When we focus on making the most out of our every day, rather than tuning out and switching ourselves off from life, we tune in and can't wait for more. It's not more TV that we'll wished we experienced when the lights go down, it's the life we let pass us by.
What does this tell me? That I need to grab those opportunities and make things memorable when I can. Don't be afraid to sing, don't be afraid dance and above all, don't be afraid to shine. I'm the only one who can live my life and there ain't no rehearsal. It's my birthday today - another year gone, another year beginning - it's time I got with the program.
The show's happening, whether I like it or not - it's up to me whether it's worth watching or not!
Note: The pictures above are from two of my favorite shows 'Pushing Daisies' & 'Wonderfalls' - both are stylized, fantasy shows, where the most normal and innocent thing becomes the focus of something truly bizarre and fantastic, all in the middle of ongoing mysteries. In these shows, the colors are saturated, the sets are distinctly staged and the people are bizarrely unique and particular. You never know when things will take a turn for the weird, a magical moment will happen or people will break into song. A llfe like either of these would be exhausting but it's a lot of fun to watch and once it's over, you do catch yourself looking at the world just a little bit sideways and appreciating it all the more. Click on the pictures to be taken to more information about the particular show.


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Q. Hey Jordan!
I am traveling to Europe and I'd like to leave the hairdryer, curling iron, and straightener at home. In an ideal world I'd hop out of the shower and 2 hours of air drying later I'd have some sexy tousled waves. Unfortunately I've been blessed with not quite straight, not quite curly (but always frizzy) medium-long hair.
Do you have any tips/tricks/or products you'd be willing to share for those of us looking for (super) low maintenance (but still cute) style?
A. Oh, hello hair twin! Sorta-straight, sorta-curly, medium-long, prone-to-frizz? I hear you.
I shot this video about how to create a beach bun that transforms into loose waves by day's end last summer…but you can use these tips for an easy travel style, as well.
1. After you get out of the shower, leave your hair down and let it air-dry for awhile (if you pull your hair up when it's still soaking wet it'll take forever to dry).
2. While hair is still damp, apply a smoothing cream (concentrating on ends) and pull hair into a low bun as shown in the video. The key is to make sure that you pull your hair back while it's still damp enough that you can smooth out the top section; once it dries that way, the pieces around your face should stay nice and sleek even after you've removed the pins for pretty, beachy waves.
One more tip: I know you don't want to bring any tools with you, but if you can find room for a teeny-tiny iron (I have the super-small – but extremely effective – Babyliss Pro Nano Titanium Mini Straightening Iron) I'd highly recommend it: it's all you need to polish up your look in seconds if you're heading somewhere you'd like to look extra-nice for. If I'm running short on time I just pull my hair into a topknot and use the iron on the front pieces, and I'm done.
Enjoy your trip!


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Mary Magdalene
Mary Magdalene's life as we know it begins in her native city of Magdala. "Magdala is the Greek form of mighdol or "watchtower," probably named for the tower that guarded the city." (The Zondervan Pictorial Encyclopedia of the Bible, 1975, p. 105) It is believed that Mary received her last name Magdalene by designation. According to the Zondervan Handbook to the Bible (2009) "this designation means that she was unmarried, since married women were normally distinguished from others of the same name by the name of their husband."
Mary Travels to Meet Jesus
As I have already stated her home was in Magdala and she traveled approximately 10 miles to see Jesus in Capernum. She was possessed with seven demons; the number seven often signified completeness. In Mary's generation demonic possession had a reputation of being impure or having an unclean spirit. The people of Magdala excluded Mary form their Jewish Galilean society because of her possessions. Mary was most definitely traveling alone when she embarked on the long journey to meet Jesus in Capernaum. The map below shows The Holy Land based on New Testament retrieved from The Church of Jesus Christ of Latter-Day Saints website: http://www.lds.org/scriptures/bible-maps/map11?lang=eng
After being healed of her demonic possessions Mary began travelling with Jesus, his disciples and others that believed in Jesus' ministry. Mary is introduced into the life of Jesus in the book of Luke 8:2-3, "and also some women who had been cured of evil spirits and diseases: Mary (called Magdalene) from whom seven demons had come out, Joanna the wife of Cuza, the manager of Herod's household; Susanna; and many others. These women were helping to support them out of their own means." (NIV)
Mary A Main Witness to Key Events in Jesus' Life
Mary Magdalene led a group of women who were prominent followers of Jesus of Nazareth. These women were the main witnesses to the key events in the life of Jesus such as: * Jesus' ministry throughout Galilee and Judea
* The crucifixion
* Jesus' death
* Jesus' burial and resurrection
In our time today it would not be unusual for a woman to be a primary witness, but it was an innovative concept during that time period. A woman's testimony was not given the same weight as that of a man's, personally or in the court of law. Matthew 18:16 says, "But if they will not listen, take one or two others along, so that 'every matter may be established by the testimony of two or three witnesses'." When the Christian stories tell of Mary Magdalene and the other women as the first witnesses to the Resurrection, this said something important about a woman's status within our Christian faith! I believe it is telling us that it does not matter your gender, color or ethnicity we are all equal in the eyes of God. Could this be the first account on women's rights? I am unsure but it does drive home a very obvious point here.
Over the centuries Mary Magdalene was wrongly portrayed in literature and art as a reformed prostitute. This happened because:
* She was/is confused with the woman with the alabaster jar, Luke 7:36-50. * The woman with the alabaster jar is called a sinner, but there is no reason to believe she was a prostitute. * Mary's native home of Magdala had a reputation for being known as a city of prostitues.
(Mary Magdalene photos found at: http://www.bing.com /images/search? qMary+Magdalene)
A prostitute is described in Ezekiel 23:3, "They became prostitutes in Egypt, engaging in prostitution from their youth. In that land their breasts were fondled and their virgin bosoms caressed."...
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At Palmer's Airport Hyundai we strive to ensure your auto buying experience will be one that will exceed your expectations!? Don't hesitate in submitting an online request one of our team members will ensure you have all you need to make the right decision with confidence. Palmer's, from click to delivery with a smile!Pre-Owned Vehicle Prices reflect $4000.00 cash down and/or equal trade value. Prices do not include additional fees and costs of closing, including government fees and taxes, any finance charges, any dealer documentation fees, any emissions testing fees or other fees. All prices, specifications, and availability subject to change without notice. Contact dealer for most current information
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Shared Apartment With Host
In the Shared Apartment, you can stay in a single or double room in the apartment of a local host. A double room is only available for two people travelling together. While meals are not included, you will be able to experience the local Argentine lifestyle and have opportunities to practice Spanish with your host. This option is perfect for students who are looking for affordable housing and a cultural experience in Buenos Aires.
Quick Facts
- An economical option for cultural immersion
- Located in varying neighborhoods within a 20 to 40-minute commute to Expanish
- Shared living space with Argentina host or family
What's Included
- Private or shared bedroom
- Shared bathroom
- Towels and sheets
- WiFi
- Living room
Price per Week:
Single Room
(Extra Night: US$ 25)
(Extra Night: US$ 25)
Double Room
(Extra Night: US$ 25)
(Extra Night: US$ 25)
Student Accommodation FAQ
- Do I meet the host family before I move in?
You will meet your family the day that you arrive in Argentina and move into your housing. All of our host families have been checked and approved by an Expanish staff member, and most of them have been working with us for a long time, meaning they have hosted lots of students.
- Is it just one student per homestay?
We have many homestays that we work with, and some families host only one student while other families host many students at once. Many of our hosts only have one room available (since large homes are not common in Buenos Aires) so we cannot guarantee you will be with other students but if you have a preference one way or the other, feel free to note this when you register for a program and we will do our best to accommodate your special request within our network of host families.
- Do all homestays have WiFi?
Yes, all of our housing options come with guaranteed WiFi.
- Where are the homestays located?
All of our homestays are located in the best neighborhoods of the city and always within 40 minutes of the Expanish school, but many of them are much closer than 40 minutes as that is the maximum commute. Buenos Aires is a very large city, so it is common for students to take public transportation (subway or bus) to get to the school each day, just like the locals do.
- Can I live walking distance to the school?
The best neighborhoods to live in (Recoleta, Palermo, Belgrano, etc) are not within walking distance of downtown (where the school is located). These areas do have the best nightlife but they also have the nicest parks and the best restaurants, and it is where everyone lives (students, visitors and families). If walking is a top priority for you, please note that when you register. Although we cannot guarantee it, we always take into account a student's preferences when looking at our network of host families.
- Can I have my host's email address?
Because our hosts often do not check their email, we prefer students to contact us directly if they have any questions about their Homestay or Shared Apartment. If you would like to say "hello" to your host, we can happily give you a phone number you can reach them by.


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I was writing about "intensity" in various places, I came up with more than I wanted it to, raw, exposed emotions arising and I couldn't keep writing. I turned them into a poem instead. Because it scares me so much. That intensity. The way dark falls upon from above, crushing hearts and mind… Continue reading That intensity
Tag: poem
Playlist: On the Verge of Autumn
Sound. It is colour, the way sound finds its place in the corner of a sunset, or the never ending ocean view, or in between the wind coming in from the window next to me. Music is a story in its own form, and at the same time, a blank page where each one of… Continue reading Playlist: On the Verge of Autumn
Love letter to the colour Blue
Fascination on Blue. I was never satisfied with pink, that gender stereotype people think it's okay to fore on a child with no say, and so little girls end up in pink and boys in blue. Maybe not so much nowadays, but when I was young, the world was still much like that. I… Continue reading Love letter to the colour Blue
Crazy heart dancing in the mind
There is a crazy heart, dancing in the mind. That rhythm is the wind. Beating is the stars' light, brighter, and then darker. I can hear the chirping right outside the window. Sun is already settling itself into the night, behind the cloud. It will rain tonight. But not tomorrow. Stepping out of the building… Continue reading Crazy heart dancing in the mind
To look back and not dwell on it
I stepped outside of the door, my place is on the second floor, so every day I step out the entrance, I can see directly, the sky and the big island over on the other side. Sometimes, the silhouette is covered in cloud so thick it is hard to see through. Other times, it is… Continue reading To look back and not dwell on it
Comfort of the heart
Comfort is an ultimate form of subjectivity, yet it is the subjective itself which makes it that exactly. You are overflowing with your own senses, those senses seeping into your whole being. The warm sun pouring down on you, and but once you step off the bus, you are welcomed into the arms of the… Continue reading Comfort of the heart
Rhythm of the world
Hello to all the rhythm on this planet. There is the wind whistling in different tune, morning, day and night. It is fear that comes first when you notice the wind has not come in for a few days, and you rush towards the window to let the air in, to let yourself breathe again.… Continue reading Rhythm of the world
All I wanted was to reach someone
I woke up without stretching my hand towards the phone. Every morning, after my eyes open and blurred mind becomes conscious of the word surrounding, I step out of bed and reach for my phone. I press the power on the right hand top and wait for it to turn on, while getting changed in… Continue reading All I wanted was to reach someone
Arguments on love and life
The sense of aliveness after the storm. The wind is quite strong, pulling the curtain here and there in all directions and the sun is so high, already so high, 9 in the morning. My handwriting is crappy because the ink rom this pen seems to be not flowing well, though I still have about… Continue reading Arguments on love and life


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Will be postponed until tomorrow. I am hoping to find A LOT of Fab Finds at Art in the Park, and if so I will for sure share them with you :)
Friday, September 30, 2011
Thursday, September 29, 2011
Tipful Thursday
Wednesday, September 28, 2011
This week I am loving:
and as always I am loving this amazing life I have been blessed with and the super adorable guy I share my forever with!
- that Monday we FINALLY got together with our friends the Fisher's for dinner. I felt like a total flake because we had to cancel on them 3 weeks in a row! But we were able to go this week and it was so much fun!
- that I finally listened to my husband and took some time off jazzercise. Although I was sad to not teach for 2 weeks, my foot is feeling MUCH better! Woo hoo!
- that Art in the Park is this weekend! I look forward to this all year and this year I am going with my girl Brittney! So excited!!
- that my lil sista got a new job at Sephora! Yeah for more discounts! And I am so proud of her in everything she does :)
and as always I am loving this amazing life I have been blessed with and the super adorable guy I share my forever with!
Tuesday, September 27, 2011
Fab Find Friday... on Tuesday.
Friday after work I went and did a little shopping. Just for fun with extra money I had from my birthday still. Here is one of the things I found:
Framing a bathroom mirror
My most recent home project was framing our downstairs bathroom mirror. This was a super easy and cost effective way to spruce up our little bathroom and get rid of the BORING contractor style mirror. In total the project cost me $21 and I have tons of extra tiles I plan on using for another project!
So here is what I did.... Went to Lowes and bought a pack of tile like this:
So here is what I did.... Went to Lowes and bought a pack of tile like this:
and a tube of adhesive. Make sure you get something that says it works with ceramic tile. Then I took all the tiles off the backing and separated them into piles, decided on the pattern I wanted, and started gluing. When I reached the point where the tiles were going across the top of the mirror I used painters tape to hold them in place. Like this:
Make sure you let the tiles set overnight! Trying to see if they are dry sooner than that will only result in wiggling the tile loose, some cursing, and a little more gluing. After the tiles were completely set I took off the painters tape, cleaned the mirror, and took a step back to admire my handy work. I am totally in love with how it turned out!!
Wednesday, September 21, 2011
This week I am loving:
- that I got to spend lots of time with my SIL and brand new nephew this weekend. He is so adorable and squishy and I just love him so much!!! and his momma too of course :)
- my new tile framed bathroom mirror. I haven't finished it ALL the way yet... I am about 4 tiles short, BOO, I'm going to go get them and finish tonight! Pics tomorrow!
- that my amazing husband will let me get fun kids games with his monthly video game pass ( it's like Netflix but for video games) He got me Rio. It's so much fun and I love spending time with him playing it :)
- that Art in the Park is next weekend!!! Ahhhhh it's one of the things I look forward to every year and it's so much more fun now that I have a house to fill :)
- that Modern Family season 2 came out on DVD yesterday and I am going to buy it tonight.
- that shows finally start coming back on!!! I hate having to wait for the new seasons to start.
- and as always I am loving my husband, family, and friends. I live such a blessed life and try my hardest everyday to deserve it :)
Thursday, September 15, 2011
Tipful Thursday...
So this weekend I went to Town Square with my sister and she took me into Inglot, (it's a cosmetics store) which I have never been to before. They have sooo many fun colors and types of makeup! They are also very reasonably priced!! Earlier that day I did a little makeup session with one of my girlfriends Kayla, we talked about this new gel eyeliner I bought and how I was unsure if I liked it or not yet. Well Lex needed liquid eyeliner (that's why we went to Inglot) the super nice girl working at the store showed us a little tip... and this is what I will be sharing with you! She said she likes to use the gel eyeliner and mix it with Duraline, it basically turns the gel eyeliner into a liquid eyeliner! I was totally amazed! I always liked the way liquid eyeliner went on, but could never find one that stayed dark all day and didn't flake away. Gel eyeliner stay dark all day and don't flake but I have a much harder time getting it to just FLOW across my eyelid. So I bought some Duraline (it was like $9 and will seiously last YEARS) and went home to play. I LOVE it!!!! Not only does it turn a gel eyeliner into liquid, I also turned eyeshadow into a liquid liner!!! So many fun options :)
Wednesday, September 14, 2011
Morning love notes
One of my favorite things to wake up to is the cute little love notes Justin leaves me on the mirror. And sometimes I just don't want to erase them, but it's hard to clean the mirror around them. So I came up with a solution.... a love note chalkboard!! All I did was tape off a square, paint it with chalkboard paint, and hang an empty frame around it. It's perfection!!
- that my Grandma is coming into town. I haven't seen her in over a year, it will be so nice to visit with her :)
- that my SIL is coming into town with their brand new baby boy! Ahhhh I am so excited to meet him and of course see her!
- that I am almost done with ALL of Ally Mcbeal!! 112 episodes at 45 minutes each.... that is A LOT of hours of my life!
- that I went shopping with my beautiful little sister this weekend and got LOTS of cute stuff! And I love this picture of us!
Tuesday, September 13, 2011
The King....
Thursday, September 8, 2011
Tipful Thursday
Ok this weeks tip is..... When painting a mural on your wall use chalk to draw it instead of pencil. Now I am sure pencil works just fine but I prefer chalk. While I was drawing my tree (pictures below) I, along with the help of my SIL, drew the tree on with chalk, this way if you make mistakes and don't like what you have drawn you just wipe it right of with a DRY rag. Then you just paint right over the chalk, your paint brush might get kind of goopy (not sure if that is a real word) just wipe it off and keep going! I am currently painting a design in our bedroom but I am not done yet. When I finish I will be sure to post a picture :)
Wednesday, September 7, 2011
This week I am loving:
- that I only have to work 2 more days!
- that I am going on a quick Girls trip on Saturday! (I will write all about it when I get home!)
- Fruit Ninja! Seriously the funnest game I have ever played! And a great workout! If you have a Xbox 360 and Kinetc I highly recommend buying it!
- that I got 6 more bird houses for my collection for my birthday!
And as always I am loving my amazing husband, family, and friends!
Friday, September 2, 2011
Fab find Friday
Wednesday after work I found this super cute (and super heavy!!) mirror in my neighbors trash. So OF COURSE I took it. It's not stealing if they were throwing it away! Right?!?! Anyways, so I come upstairs with my new treasure and the first thing the hubs says is "Oh my wife". I'm going to assume that was a compliment. Well the mirror quickly found it's home in our master bedroom above our closet :)
Today I went shopping with some of my birthday money. Yay birthdays! Anyone who knows me well can tell you about my shoe addiction. So I am at TJ Maxx hoping to find some new shoes for my collection, and I find the most adorable shoes ad they were only $35! So I grab (what I think is) my size and try them on... no bueno, they do not fit. I very unhappily left the store and headed to Burlington Coat Factory. Well guess what?!?!? They had the same shoes and for only $20, and the best part, in my size!!!! I am a happy girl!
Thursday, September 1, 2011
Tipful Thursday
I wear heels about 5 days a week. I love them!! What I don't love is when they slip off your heel while you walk.
One day while wandering around Target I saw these heel cushions. They are about $5 and WONDERFUL! I have them in every pair of heels I own (which if you ask my husband is way too many pairs) !
So my tip for you is... if you wear heels buy these!!!
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On this episode of "Doc Talk", I'll be discussing all the different hormones in the body and their function.
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Main → Afghanistan → Badakhshan → Zin
Map of Zin Badakhshan, Afghanistan
Other Names: Buzan,Buzin,Zin,Zīn,zyn,زین, Zīn
Welcome to the Zin google satellite map! This populated place is situated in Badakhshan, Afghanistan. Original name (with diacritics) of the place is Zīn. See Zin photos and images from satellite below, explore the aerial photographs of Zīn area. This placemark was added 2010-08-09.
Map of Zin
- Country: Afghanistan
- Province: Badakhshan
- Category: populated place
- Altitude: 0 m
- Population: 0
Asia/Kabul +4.5
- Local Time: 15:13
- Sunrise: 04:59
- Sunset: 18:30
Wiki articles near Zin
Places near Zin
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Zin Singles. Date and find singles is the best online singles dating directory of local dating sites and personals for meeting and dating singles in your area.
Zin, Afghanistan, From cheap hotel rooms to luxury hotel deals, discount 5 star hotels. Read reviews & descriptions, see maps & quality photos. Make a booking today. Find hotels in Zin, Afghanistan


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I know it's hard to watch the Williams vs Williams match up, but when sisters dominate the game, it happens sometimes. Serena beat Venus to win her 7th Australian Open Title and record-breaking 23rd Grand Slam on Saturday in Melbourne. Serena now has 23 major singles titles, to her sister's seven.
If you are a tennis fan or a supporter of #BlackGirlMagic, you enjoy watching the love and respect between the power-house William's sisters. According to the NY Times, Serena had some very heartfelt words for her big sis during the on- court ceremony. She said, "There's no way I would be at 23 without her; there's no way I would be at 1 without her. There's no way I would have anything without her. She's my inspiration. She's the only reason I'm standing here today, and the only reason that the Williams sisters exist. So thank you, Venus, for inspiring me to be the best player I could be and inspiring me to work hard. Every time you won this week, I felt like I've got to win, too."
Serena also had her fiance in the stands to support her, so I know it made this win extra sweet. I look forward to seeing what is next for Venus and Serena. What they have done for the game of tennis is unmatched. They have broken barriers and opened doors to a new generation of boys and girls. Together, they are straight up killing the game and we are all here for it! Congrats to them both.