text:
U.S. Equal Employment
Opportunity Commission
Volume XV, No. 4
Office of Federal Operations
Fall Quarter 2004
Disability Law - Prohibited Pre-Offer Inquiries
The Digest of EEO Law is a quarterly publication of EEOC's Office of Federal Operations (OFO).
Carlton M. Hadden, Director, OFO
Donald Names, Director, OFO's Special Services Staff
Editor: Arnold Rubin
Writers: Robyn M. Dupont, Arnold Rubin, Gerard Thomson
Available in accessible formats for persons with disabilities. The Digest is available online through EEOC's homepage at http://www.eeoc.gov/federal/digest.html. If you wish to receive a copy in print, you may send a request, in writing, to Arnold Rubin, EEOC, Office of Federal Operations, 1801 L Street, N.W., Washington, D.C. 20507.
Failure to Adequately Develop Record Subjects Agency to Adverse Inference. The agency completed its investigation two and one-half years before it issued a FAD and failed to provide any documentation with respect to the selectees who were chosen for a position sought by complainant. The Commission noted that the agency's seemingly intentional failure to adequately develop the record subjected it to an adverse inference. EEOC found that, if the appropriate documentation had been provided, it would have established that complainant was not selected for the position due to race and national origin discrimination. Hashimoto v. Department of Housing and Urban Development, EEOC Appeal No. 01A24642 (May 11, 2004).
Dismissal of Complainant's Appeal as Untimely. The appeal was filed approximately two months after receipt of the final agency decision (FAD). Although complainant stated that her father was hospitalized and underwent a number of surgical procedures, she failed to show that she herself was incapacitated and unable to file a timely appeal within the requisite 30 days of receipt of the FAD. Arvites v. Department of Transportation, EEOC Appeal No. 01A42199 (May 14, 2004), request for reconsideration denied, EEOC Request No. 05A41015 (July 26, 2004).
Dismissal of Agency's Appeal as Untimely. The agency agreed to implement the AJ's finding of discrimination but appealed the order regarding back pay, compensatory damages, and attorney's fees. The agency was required to file its appeal within 40 days of its receipt of the AJ's decision. The Commission found that the latest date that the agency could file its appeal was December 2, 2003. However, the agency's appeal was filed on December 4, 2003. The Commission dismissed the agency's appeal, and the AJ's decision became the agency's final order by operation of law. Harlow v. Department of Homeland Security, EEOC Appeal No. 07A40042 (June 14, 2004).
Attorney's Fees Awarded in Connection With Petition for Enforcement. The Commission found that complainant was entitled to an award of attorney's fees where it took the agency three years to comply with EEOC's order in a prior decision. Clark v. United States Postal Service, EEOC Appeal No. 01A33483 (July 15, 2004).
Complainant Must Be Ready, Willing, and Able to Work to Recover Back Pay. In a previous decision, the Commission had ordered the agency, as part of the remedies awarded for disability discrimination, to compensate complainant for any lost pay when he was reassigned from a full-time to a part-time position. In its compliance report to EEOC, the agency stated that complainant did not lose any pay due to the change in his work status and had been reassigned to a full-time regular position effective in May 1997. The Commission agreed with the agency that complainant was not entitled to back pay and noted that complainant was off from work for a medical condition from April 1997, until he retired in May 2000, and, in fact, remained totally disabled. Wright v. United States Postal Service, EEOC Petition No. 04A30043 (June 16, 2004).
Agency Denial of Compensatory Damages Award Improper. Subsequent to a finding of hostile environment and national origin discrimination by EEOC, the agency sent an inquiry to complainant's counsel of record regarding the issue of damages. Complainant was not aware that the attorney had been disbarred, leaving complainant without legal representation. In addition, after one letter to complainant was returned due to a change of address, the agency continued its efforts to contact complainant at the wrong address. The agency did not attempt to communicate with complainant, an agency employee, through its internal systems. Finally, the Commission noted that the record contained evidence, including complainant's testimony, of some entitlement to non-pecuniary damages. The matter was remanded to the agency with an order to seek objective evidence from complainant concerning her entitlement to damages. Avila v. Department of the Navy, EEOC Appeal No. 01A31841 (May 20, 2004).
Continuing Violation Not Found. The Commission found that complainant's claims, that he was not selected for various positions in 1994 and 1995, were untimely raised with an EEO Counselor. Citing the U.S. Supreme Court's decision in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), EEOC noted that each nonselection constituted a separate actionable unlawful employment practice and that these discrete acts were not actionable if time barred. Complainant's timely claim, that he was not selected for positions in 1996, could not be used to render timely the 1994 and 1995 nonselections. Anisman v. Department of the Treasury, EEOC Appeal No. 01A40496 (May 18, 2004), request for reconsideration denied, EEOC Request No. 05A40967 (July 28, 2004).
Continuing Violation Found. The Commission found that allegations, which were part of a claim of harassment, were timely under Morgan, supra. Accordingly, EEOC noted that a complaint alleging a hostile work environment will not be time barred if all acts are part of the same unlawful practice and at least one of the acts falls within the filing period. The Commission declared that the individual actions cited in the complaint, including being the subject of pre-disciplinary interviews and replaced by other employees in performing complainant's work, did not represent discrete acts, but, instead, served as examples of the overall claim of hostile environment harassment. Bena v. United States Postal Service, EEOC Appeal No. 01A33825 (May 19, 2004).
Agency Ordered to Revise its Pre-Employment Process to Comply with the Rehabilitation Act. An applicant for employment who identified herself as eligible for Schedule A positions, but did not otherwise explain the nature of her disability, was required to fill out an obsolete form SF-177, "Statement of Physical Ability for Light Duty Work," before her position interview. The Commission found that the form posed disability-related questions and, by using the form prior to making an offer of employment, the agency violated the Rehabilitation Act. Although EEOC found no discrimination in the nonselection because the vacancy was closed due to a lack of funding and thus complainant could not show the necessary causal nexus between her disability and nonselection the Commission ordered the agency to revise its pre-employment process to eliminate the prohibited inquiries. Kelly v. Department of Commerce, EEOC Appeal No. 01A30554 (May 11, 2004).
Hiring of Male Nurse Did Not Violate the EPA. The Commission found that the agency did not violate the Equal Pay Act when it hired a male Licensed Practical Nurse (LPN) at a higher rate than that earned by the complainants. The comparative employee was initially offered the position at a lower salary and refused the offer because it was below his current salary. The comparative employee then submitted additional information, which resulted in the agency making him a second offer at the higher salary. The agency proved, by a preponderance of the evidence, that the salary difference fell into a permissible statutory exception. Specifically, because of a shortage of LPNs, the agency had difficulty attracting qualified candidates and offered the comparative a salary to match what he was making in the private sector. Thus, the salary difference was due to a reason other than gender. In addition, the agency also made offers to two female applicants that were above the minimum rate due to the same shortage. Antosz, et al., v. Department of Veterans Affairs, EEOC Appeal No. 07A30031, (May 13, 2004), request to reconsider denied, EEOC Request No. 05A40934, (August 11, 2004).
(What follows is a selection of recent Commission decisions finding discrimination and awarding appropriate relief to the complainants.)
Agency Fails to Articulate Legitimate, Non- Discriminatory Reason in Age and Race Case. The Commission found that complainant was subjected to race and age discrimination when she was not selected for a position with the agency. The agency merely offered two short affidavits stating that complainant was not the best qualified candidate for the position. These affidavits were neither specific, clear, nor individualized. Instead, the rationale was so generalized and conclusory as to offer no substantive explanation for the agency's action. The Commission ordered the agency to place complainant in the position, with all seniority, benefits, and back pay. EEOC also directed the agency to conduct a supplemental investigation with regard to the issue of compensatory damages. Boston v. United States Postal Service, EEOC Appeal No. 01A42074 (May 26, 2004).
Agency Liable for Failure to Provide Reasonable Accommodation. Complainant - a full-time distribution clerk (modified) - requested, via a note from her physician, a lumbar chair with armrest to accommodate the disabling effects of an injury affecting her leg, knee, hip, back, and neck. EEOC noted that the agency was aware of complainant's limitations and of the need for accommodation, but neither provided the requested chair nor established a defense for failing to do so, e.g., that providing the chair would entail undue hardship. The Commission found that the agency failed to act in good faith and thus was also liable for compensatory damages, which EEOC ordered the agency to investigate. In addition, the Commission ordered the agency to ensure that the chair was available for complainant's use whenever she was on duty, and to consider disciplining the agency officials responsible for failing to provide complainant with reasonable accommodation. Tate v. United States Postal Service, EEOC Appeal No. 01A24423 (April 1, 2004), request to reconsider denied, EEOC Request No. 05A40756 (June 24, 2004).
Nonselection Violated the Rehabilitation Act. The agency subjected complainant, who was hearing impaired, to disability discrimination when it did not select him for the position of Tax Examining Assistant. The Commission rejected the agency's assertion that it would be an undue hardship to provide complainant with a requested Telecommunications Device for the Deaf (TDD) as an accommodation. While communicating via telephone was an essential function of the position, complainant would have been able to perform the function with the TDD/Relay, and there was no evidence that the device would have adversely affected the number of calls responded to by the agency, or otherwise lead to unsatisfactory customer service. Further, there was no evidence that providing complainant with the TDD would have been unduly costly, significantly disrupt the agency's operations, or fundamentally alter the nature of the agency's operation. The Commission ordered the agency to offer complainant the position, with back pay and other benefits, as well as provide him with the TDD if he accepted the offer. Onyeka v. Department of the Treasury, EEOC Appeal No. 01A33115 (May 20, 2004).
Disability Discrimination and Harassment Found. Complainant, who had sustained a back injury at work, was accommodated by the agency for a period of approximately 10 years until a new supervisor was assigned to complainant's unit. The supervisor assigned complainant job duties on a daily basis that required him to exceed his medical limitations and threatened to fire him. Complainant experienced two relapses as a result of the supervisor's actions and underwent emergency back surgery. The Commission found that the agency failed to reasonably accommodate complainant's condition. In addition, EEOC found that complainant was subjected to harassment by the supervisor when he was continually assigned duties outside of his limitations and threatened with discipline. As part of the remedies awarded, the Commission directed the agency to pay complainant $125,000 in compensatory damages. Hernandez v. United States Postal Service, EEOC Appeal No. 07A30005 (July 16, 2004).
Sex-Based and Retaliatory Harassment Leads to Award of $125,000 in Non-Pecuniary Compensatory Damages. The Commission found that complainant was subjected to gender-based and retaliatory harassment with regard to various adverse actions by her supervisor. These actions included demeaning remarks, ignoring her at meetings, failing to share information pertinent to her program, and understaffing complainant's department. Finally, complainant was subjected to a tangible employment action when she was reassigned out of her area to a non-supervisory position that she neither requested nor desired. While complainant requested a new supervisor who would not harass her, she did not request to leave her area or request to be placed in a non- supervisory position. In addition, management did not discuss the reassignment with complainant prior to sending her the letter of reassignment. In affirming the AJ's damages award, the Commission noted the testimony of complainant's rheumatologist that the stress of discrimination substantially worsened her rheumatoid arthritis and lupus auto-immune diseases directly affected by stress. The physician also noted that complainant suffered from depression and anxiety due to a worsening of her conditions. The doctor further stated that complainant would need to receive aggressive treatment (i.e., chemotherapy) indefinitely and, possibly, for the rest of her life. Further, complainant would not be able to have children. Complainant's husband also testified to the effects of the discrimination on her, stating that she had been destroyed emotionally, that her relationship with her stepson was affected, and that she needed help dressing herself due to the severity of her arthritis. George v. Department of Health and Human Services, EEOC Appeal No. 07A30079 (July 21, 2004).
Religious-Based Harassment. The Commission found that complainant was harassed based on his religion (Islam), when, after September 11, 2001, he received several warning letters from his supervisors. In the prior seven years, complainant had only two warning letters. However, after September 11, 2001, he received approximately 25-30 warnings without evidence to support the agency's assertions that performance problems had occurred as the agency had alleged. EEOC also found that complainant's supervisors made derogatory remarks about his religion, expressed hostility toward him, and falsely reported that complainant threatened a supervisor with a knife. The Commission concluded that complainant was unlawfully harassed by his supervisors when he was subjected to unwelcome verbal conduct based on his religion, and that the behavior complained of during the relevant period was both sufficiently severe and pervasive to render the work environment hostile after September 11, 2001. As part of the relief ordered, the Commission directed the agency to reassign the managers found to have harassed complainant from complainant's chain of command and consider disciplining them. EEOC also ordered the agency to investigate complainant's entitlement to compensatory damages. Watson v. Department of Veterans Affairs, EEOC Appeal No. 01A33053 (April 28, 2004), request to reconsider denied, EEOC Request No. 05A40882 (July 21, 2004).
Retaliation: Transfer Based on Retaliatory Motive. In this case, the Commission concluded that the agency official's dislike of complainant's EEO activity was public and known to other employees. The Commission found that the agency's actions of moving complainant's office to less desirable quarters and involuntarily transferring him were based on a retaliatory motive. The Commission stated that an agency is liable when its actions are in retaliation for a complainant's EEO activity and are reasonably likely to deter complainant or others from protected EEO activity. As part of the remedies ordered, the Commission remanded the matter for a determination of compensatory damages. Tramontozzi v. Department of Veterans Affairs, EEOC Appeal No. 01A31249 (May 11, 2004). See also Cardozo v. Department of Homeland Security, a summary of which appeared in the Summer 2004 Digest, wherein complainant was not selected for a promotion, in retaliation for testifying at a hearing of a co-worker in an age discrimination matter. EEOC Appeal No. 07A30014 (June 2, 2004), request for reconsideration denied, EEOC Request No. 05A41037 (August 12, 2004).
Retaliation: Denial of Leave. Complainant was subjected to retaliation when his supervisor denied him use of annual leave, which had been advanced to him. Complainant had made a proper request for advanced annual leave, which was approved by his second-level supervisor. Nevertheless, complainant's immediate supervisor placed him in leave without pay status for one month. The Commission found that the agency failed to articulate a legitimate, nondiscriminatory reason for the action, noting contradictions in the supervisor's testimony. The supervisor failed to articulate how complainant's request for leave did not meet agency regulations or the normal practice of the office. Wilson v. United States Postal Service, EEOC Appeal No. 01A32467 (May 13, 2004), request for reconsideration denied, EEOC Request No. 05A40845 (August 23, 2004).
Sexual Harassment: Hostile Work Environment. The Commission found that complainant was sexually harassed by her male supervisor. While her co-workers did not give identical accounts, their accounts were sufficiently similar to support the complainant, e.g., the supervisor talking about a dream, sharing a hotel room, and staring at complainant. The accounts of female co-workers who gave statements about sexually-charged conduct by the supervisor lent further credence to complainant's version of events. The Commission found that this indicated a pattern by the supervisor, i.e., propositioning subordinate employees, sexual talk, and physical actions. The supervisor's deliberate bumping into complainant's backside, as well as caresses to complainant's arm, contributed to a sexually hostile environment. The complainant communicated to the supervisor, both orally and in body language, that his sexual conduct toward her was unwelcome. The Commission further found that the agency failed to exercise reasonable care to correct promptly or effectively the harassing behavior. The supervisor previously received a letter of warning for sexual harassment and moved to a different tour. Once there, he sexually harassed complainant and engaged in other sexually hostile conduct toward other subordinate employee. The Commission concluded that the agency had not satisfied its affirmative defense and was, therefore, liable for harassment of the complainant. As part of the remedial actions ordered, the Commission directed the agency to provide training of the agency officials involved in this case regarding their obligations under Title VII, with special emphasis on sexual harassment, including how to handle and process a claim of harassment. The Commission further ordered the agency to consider taking additional discipline against the supervisor. In addition, the Commission ordered the agency to investigate complainant's claim to compensatory damages. Briggs v. United States Postal Service EEOC Appeal No. 01A32026 (June 23, 2004).
Claim Not Moot. Complainant's claim that he was issued a 14-day suspension was not rendered moot when the action was reduced to a letter of warning, which was eventually removed from his record. The suspension remained in complainant's file for approximately two years, and it was unclear from the record whether the interim events completely and irrevocably eradicated the effects of the alleged discrimination. Further, complainant's request that he be made whole would arguably encompass a request for compensatory damages. Lynch v. United States Postal Service, EEOC Appeal No. 01A33433 (May 26, 2004).
Claim Properly Dismissed. Complainant's claim that he was not promoted to the GS-14 level was properly dismissed as stating the same claim as that which had already been decided by the Commission. Complainant's citing a new comparative employee and raising the same matter as a claim under the Equal Pay Act did not create a new claim of discrimination. Doleshal v. Department of Health and Human Services, EEOC Appeal No. 01A40020 (July 29, 2004).
Breach Found. The Commission found that the settlement agreement at issue was breached for the second time when a supervisor, in violation of the agreement that prohibited him from working or being present at the facility while complainant was employed there, had in fact been on the premises. EEOC ordered the agency to enforce the terms of the agreement. Blanc v. United States Postal Service, EEOC Appeal No. 01A42381 (June 16, 2004).
(In the following two decisions, the Commission found that the complainant had stated a claim.)
Stocco v. United States Postal Service, EEOC Appeal No. 01A41926 (May 14, 2004) (denial of posted bid, where complainant identified a protected basis in pre-counseling documents and the EEO Dispute Resolution Specialist's Inquiry Report).
Cowling v. United States Postal Service, EEOC Appeal No. 01A42338 (May 25, 2004) (agency official's requirement, rather than referral, that complainant meet with an EAP Counselor at a pre- appointed time).
(In the three cases cited below, the Commission found that complainants had not stated a claim.)
Ianuzzi v. Department of the Treasury, EEOC Appeal No. 01A41759 (May 19, 2004) (military preference is not a basis within the purview of the Commission's regulations and a complaint cannot be founded on that basis alone).
Hernandez v. Department of Veterans Affairs, EEOC Appeal No. 01A41699 (August 5, 2004) (a claim of discrimination and a hostile work environment based on the agency's decision not to engage in or offer ADR in a particular case cannot be the subject of an EEO complaint).
Long v. United States Postal Service, EEOC Appeal No. 01A42495 (June 24, 2004) (proper forum to express dissatisfaction with the outcome of a grievance, which allegedly violates a labor- management contract and is purportedly discriminatory in nature, is during the grievance process itself; it is inappropriate to use the EEO process to collaterally attack actions or decisions, which were part of the grievance process).
Contact With an EEO Counselor Timely Where Complainant Was Misled. The Commission found that complainant was misled by a senior management official into delaying her EEO contact. Complainant stated that, when she told the official of her allegations of sexual harassment, she was advised not to file an EEO complaint until the conclusion of an administrative investigation. While the official stated that he told complainant only that she should discuss the matter with her attorney, a union steward, or choice of counsel, the Commission noted that complainant could reasonably have interpreted the instructions as advice not to contact an EEO Counselor. Lopez v. United States Postal Service, EEOC Appeal No. 01A34556 (May 14, 2004).
Complainant Had Constructive Notice of Time Limitations. The Commission found that the agency's submission of specific evidence pertaining to the placement and content of an EEO Poster, which contained information regarding the time limitations on filing a complaint with an EEO Counselor, was sufficient to support dismissal of complainant's complaint for untimely EEO contact. Griffith v. United States Postal Service, EEOC Appeal No. 01A42569 (June 23, 2004).
Complaint Timely Filed: Insufficient Proof of Receipt. A notation in the record of a Notice of the Right to File a Complaint form that was purportedly "left" for complainant was insufficient to show that complainant actually received the form more than 15 days prior to filing her formal complaint. Thus, the dismissal was improper. Nicholas v. United States Postal Service, EEOC Appeal No. 01A42186 (July 27, 2004).
Complaint Timely Filed: Notice of Right to File Complaint Must Be Served on Attorney. The time frame for receipt of materials is computed from time of receipt by a complainant's attorney. Because the agency did not serve complainant's attorney with the necessary notice, the formal complaint was timely filed. Blakemore v. Department of the Navy, EEOC Appeal No. 01A42421 (August 5, 2004).
Faxed Letter Served as Timely-Filed Complaint. Complainant did not sign and return the agency's complaint form within the applicable 15-day period. She did, however, fax a letter to the agency the day after receiving the notice of the right to file a complaint, describing the facts and circumstances surrounding the incident complained of, and stating that she was being discriminated against. The letter was dated and signed by the complainant. Thus, the Commission found that complainant timely filed her formal complaint. Attwood- Johnston v. United States Postal Service, EEOC Appeal No. 01A33370 (July 29, 2004).
Complaint Untimely, Where Inter-Office Mail was Used. A complainant who, within the applicable time period, placed his complaint in an inter-office envelope and put it in the inter-office mail, assumed that his formal complaint was timely delivered. The complaint was date-stamped as received by the agency's EEO office beyond the 15-day limitation period. The Commission found that the complainant did not offer adequate justification to warrant an extension of the time limit for filing the complaint. Bostron v. Social Security Administration, EEOC Appeal No. 01A40790 (April 27, 2004), request to reconsider denied, EEOC Request No. 05A40860 (June 15, 2004).
The following article is written in Question and Answer format to help the reader understand the "mixed case" as it relates to the EEO process. It is not intended to be an exhaustive or definitive discussion of a complex area of law. For more detailed information and additional resources, the reader is advised to access the Commission's website at www.eeoc.gov and the Merit Systems Protection Board's (MSPB's) website at www.mspb.gov. In addition, the reader may consult EEOC's regulations pertaining to "mixed case" matters,explained more fully below, at 29 C.F.R. Section 1614.302; as well as EEOC's Management Directive (EEO-MD-110) for 29 C.F.R. Part 1614, Ch. 4, Section II at 4-1; and MSPB's regulations found at 5 C.F.R. Part 1201.
1. What is a "mixed case" claim?
A "mixed case" claim is a complaint of employment discrimination filed with a federal agency, related to or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB). Bases of discrimination include race, color, sex, national origin, religion, age, disability, and retaliation. The complaint may contain additional allegations that MSPB has jurisdiction to address.1 For the purposes of this article, however, the focus is on EEO claims.
2. What is the Merit Systems Protection Board?
The MSPB is an independent quasi-judicial agency, which was established to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for employees against abuses by agency management. As part of its mission, the Board adjudicates employee appeals of personnel actions over which MSPB has jurisdiction, such as removals, suspension, furloughs, and demotions. The MSPB's mission can be found at www.mspb.gov.
3. Can anyone bring an EEO discrimination claim to MSPB?
No. Only certain employees may appeal to the MSPB, and only concerning certain types of employment actions. In other words, a person must have the right to be heard before the MSPB, and that the individual's EEO claim must involve the type of claim over which the MSPB has jurisdiction. The MSPB will have no jurisdiction over the matter unless the complainant meets both criteria, i.e., the person has the employment status to appear before the MSPB; and his/her EEO claim that is, the agency's alleged action--is the kind of EEO claim that the MSPB can decide. Again, we are only referring to EEO matters in this article.
4. Who may appeal to the MSPB?
Those employees who generally have the right to appeal to the MSPB, and thus to file a mixed case complaint or appeal, include: (1) competitive service employees not serving a probationary or trial period under an initial appointment; (2) career appointees to the Senior Executive Service (SES); (3) non-competitive service veterans preference eligible employees with one or more years of current continuous service (e.g., postal employees and attorneys with veterans preference); and (4) non-preference eligible excepted service employees who have completed their probationary period or with two or more years of current continuous service (e.g., attorneys).
Examples of the types of employees who have a right to file a mixed case complaint or a mixed case appeal, as well as examples of the types of actions that are appealable to MSPB, can be found in EEO MD-110, at 4-2 and 4-3. These lists are not all-inclusive and are subject to change. Employees should be referred to the personnel office at the agency or to the MSPB itself, with questions concerning whether an employee may appeal an action to the MSPB.
Employees who generally do not have a right to appeal to the MSPB, from an EEO standpoint, include: (1)probationary employees (there may be other grounds for appeal, such as discrimination based on marital status or party affiliation); (2) certain non-appropriated fund activity employees; (3) employees serving under a temporary appointment limited to one year or less; and (4) employees of the Central Intelligence Agency, the Federal Bureau of Investigation, the United States Postal Service, and the Tennessee Valley Authority.
An example of an employee who did not have a right to file a mixed case claim, but whose complaint was mistakenly processed as such, is Weatherspoon v. United States Postal Service.2 The complainant, after seeking EEO counseling, filed a formal complaint alleging discrimination on several protected EEO bases with regard to training, non-sexual harassment, and reassignment. The agency processed the complaint as a mixed case complaint, and at the conclusion of the investigation, complainant was provided with a copy of the investigative file and informed that a final agency decision (FAD) would be issued within 45 days of receipt of the investigative report. The agency issued the FAD and notified complainant that she had the right to appeal the decision to the MSPB or file a civil action in U.S. District Court within 30 days of receipt. The Commission found that the agency had improperly characterized complainant's complaint as a mixed case complaint. EEOC noted that Postal Service employees are generally excluded from MSPB coverage, pursuant to 5 U.S.C. § 2105(e), and do not have MSPB appeal rights unless they are eligible for veterans' preference and have a year of continuous service in the same or similar position.3 Complainant's complaint revealed that she did not have veterans' preference eligibility. The Commission, therefore, vacated the agency's finding of no discrimination and remanded the matter for the agency to process complainant's complaint as it would a non-mixed case, i.e., as it would any other EEO complaint without claims appealable to MSPB.
5. What types of employment actions are appealable to the MSPB?
Most appealable actions fall into the following six categories:
6. What is a mixed case appeal?
A mixed case appeal is an appeal filed directly with the MSPB that alleges that an agency action was effected , in whole or in part, because of discrimination on one or more of the bases referred to above, e.g., race, color, national origin, sex, age, or disability.4
7. What is the difference between a mixed case complaint and a mixed case appeal?
The distinction is best understood this way: a "complaint" is just that a complaint filed with an agency, just as one would file a regular EEO complaint, with a decision rendered on the complaint by the agency. An appeal, however, is simply an appeal filed directly with the MSPB.
8. So a mixed case complaint is the same as any other EEO complaint?
There are major differences in the way agencies process mixed case EEO complaints. To reiterate, bear in mind that complaint is called a "mixed case" complaint because it contains one or more claims that are appealable to the MSPB.
9. What are the major differences?
When a mixed case complaint is filed with an agency, and the agency accepts the issue or issues for investigation, the time for investigation is limited to 120 days, as opposed to 180 days for a non-mixed case complaint,5 after which the agency will issue its FAD. There is no right to a hearing before an EEOC Administrative Judge on a mixed case complaint.6 Appeals from the FAD are filed with MSPB and not with EEOC.7 If a complainant is dissatisfied with the final decision of the MSPB, a petition may be filed with the EEOC to review the MSPB decision on the allegation of employment discrimination.8 Should EEOC determine that it will consider the decision of the MSPB, EEOC may either concur or differ with the MSPB, or it may refer the case back to the MSPB for the taking of additional evidence.9 Unlike some other decisions issued by EEOC, a decision on a petition to review an MSPB decision is not subject to a request for reconsideration from either party. In Luongo v. United States Postal Service,10 complainant appealed the agency's decision on his mixed case complaint to EEOC. The Commission dismissed the appeal as being premature and noted that the agency had given complainant appeal rights to the MSPB under 29 C.F.R. §1614.302(d).
10. Can an individual file a mixed case complaint and mixed case appeal at the same time?
No. An election to proceed is required. The regulations provided that a covered individual may raise claims of discrimination in a mixed case either as a direct appeal to the MSPB or as a mixed case complaint with the agency, but not both.11 Whichever action the individual files first is considered an election to proceed in that forum. Filing a formal complaint constitutes an election to proceed in the EEO forum. However, merely contacting an EEO Counselor or receiving EEO counseling does not constitute an election. Where an aggrieved person files an MSPB appeal and timely seeks EEO counseling, counseling may continue pursuant to 29 C.F.R. § 1614.105, at the option of the parties. In any event, counseling must be terminated with the appropriate notice of rights under that regulation, i.e., 29 C.F.R. § 1614.105.
11. What if an individual does a dual filing, and the agency does not dispute whether the case is appealable to the MSPB?
Where an appeal is first filed with the MSPB, the EEO Counselor must: (1) advise the complainant that MSPB must be informed of the alleged discrimination; (2) advise the complainant that the agency must dismiss a subsequent EEO complaint on the same matter; and (3) advise the complainant that s/he may appeal the MSPB's final decision on the discrimination issue(s) to the EEOC.
12. What happens when there is a dual filing and the agency questions whether the complaint is appealable to the MSPB?
The EEO Counselor must then advise the complainant as follows: (1) the agency will hold the complaint until an MSPB judge hands down a ruling; and (2) the complainant must inform the MSPB of the discrimination allegation. If the MSPB judge decides that the MSPB has jurisdiction of the appeal, the agency must: (1) dismiss the complainant that has been on hold; and (2) advise the complainant of his/her right to appeal the MSPB's final decision on the discrimination issue(s) to the EEOC. Where the MSPB judge determines that the MSPB lacks jurisdiction over the appeal, the agency must: (1) treat the complaint as a non-mixed complaint; and (2) inform the complainant that: (a) s/he has 45 days to contact an EEO Counselor; and (b) the date the appeal was initially filed with the MSPB will serve as the date the complainant contacted the EEO Counselor.
1See 29 C.F.R. § 1614.302(a)(1).
2EEOC Appeal No. 01A42528 (June 22, 2004).
3See 5 U.S.C. § 7511; EEO MD-110, 4-2. 4-3 (November 9, 1999).
4See 29 C.F.R. § 1614.302(a)(2).
5See 29 C.F.R. § 1614.302(d)(1)(i).
6See 29 C.F.R. § 1614.302(d)(2)
7See 29 C.F.R. § 1614.302(d)(1)(ii) and (d)(3).
10EEOC Appeal No. 01A42552 (June 16, 2004).
11See 29 C.F.R. § 1614.302(b).


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Program Strengths
- Our experienced faculty have many years of teaching experience, extensive cross-cultural experience, and practical experience with media production.
- Our excellent facilities (our digital media lab is one of the best in the nation) include advanced, up-to-date equipment and software.
- Our program is flexible and accommodating, offering internships, off-campus study, and independent study opportunities.
- Our students gain real-world experience through community involvement and service projects around the world.
- Our students regularly compete in film festivals; many student projects have become award-winning films.

subset: commoncrawl


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Undergraduate Degrees, Majors and Concentrations
BIOL2570 - Zoology
Summer 2019
This course will study vertebrate zoology: origin, comparative account of skeleton, circulatory, excretory and nervous systems; development (egg types, cleavage , blastula and gastrula, germ layer/formation, embryonic membranes, placenta, and more). The course will examine the structure and function of animal organ systems in the framework of the evolution of adaptations.
Prerequisite: BIOL2310 Co-requisite: BIOL2580
3 Credits
Schedule Book for All Active and Available Future Terms, Course starting with BIOL2570
No Courses Found


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Designers: Cherie Ralston and Alma Allen
Photographs: Greg Scheideman
1-5/8 yard light pink dot (appliqué foundation, triangle-squares)
1/4 yard purple stripe (vase appliqué)
8" square green stripe (leaf and stem appliqués)
Scrap of green plaid (leaf appliqués)
12" square green floral (leaf and stem appliqués)
4—1/4-yard pieces assorted light prints (flower appliqués, triangle-squares)
4—1/4-yard pieces assorted dark prints (flower appliqués, triangle-squares
Scrap of purple tone-on-tone (flower center appliqués)
2-1/4 yards red floral (flower appliqué, triangle-squares, border Nos. 2 and 6)
1-1/3 yards light pink stripe (triangle-squares, border No. 4)
3/4 yard purple plaid (triangle-squares, binding)
4-1/4 yards backing fabric
75" square batting
Freezer paper
Glue stick
Quantities are for 44/45"-wide, 100% cotton fabrics. Measurements include 1/4" seam allowances. Sew with right sides together unless otherwise stated.
Finished quilt: 68-1/2" square


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U.S. Equal Employment
Opportunity Commission
Annual Report Shows Minorities Make Gains in Securing Senior Level Positions
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released its Annual Report on the Federal Work Force Part II: Work Force Statistics, Fiscal Year (FY) 2010. The comprehensive report informs and advises the President and the Congress on the state of equal employment opportunity (EEO) government-wide.
The report includes statistical work force profiles and trends for 64 federal agencies, measures of agencies' progress toward implementing model EEO programs, and a summary of select EEO program activities and best practices. Each agency's profile highlights work force participation rates by race, gender, national origin and individuals with targeted disabilities, as well as the breakdown for major occupational categories. This report covers the period from October 1, 2009 through September 30, 2010.
According to the report, there has been little change in the composition of the federal work force over the years. In FY 2010, there were over 2.8 million people employed by the federal government, of whom 56% were men and 44% were women. Of that total:
Despite a modest gain of 554 employees in FY 2010, the participation rate of individuals with targeted disabilities remained at 0.88%. Targeted disabilities include deafness, blindness, missing extremities, partial or complete paralysis, convulsive disorders, intellectual disabilities, mental illness, and distortion of the limb and/or spine.
Over the last 10 years, women, Hispanic or Latino, Black or African American and Asian employees have made the most gains in securing senior level positions in the federal government. However, between FY 2009 and FY 2010, women, Hispanic or Latino men and women, men of two or more races, and white women remained below their overall availability in the national civilian labor force.
"This report shows that while the federal government is a leader in employing a diverse workforce, specific areas for improvement remain," said EEOC Chair Jacqueline A. Berrien. "The EEOC will continue to work with federal government leaders to identify and remove barriers to equal employment opportunity and promote diversity and inclusion in the federal workplace."
EEOC is charged with monitoring federal agency compliance with equal employment opportunity (EEO) laws and procedures and reviewing and assessing the effect of agencies' compliance with requirements to maintain continuing affirmative employment programs to promote equal employment opportunity and to identify and eliminate barriers to equality of employment opportunity.
The EEOC enforces laws prohibiting discrimination in the federal and private sectors. Further information about the EEOC is available on its web site at www.eeoc.gov.


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Mighty Mopar: 1975 Dodge W100Posted in Features on August 1, 2011
"I wanted to build a Dodge truck for Sand Mountain ever since I was 12 years old," Cody Bullock said. It took nearly 20 years for Cody to realize his dream, but he wasn't just sitting around twiddling his thumbs in the mean time. Cody and his brother Cam (AKA Camshaft) spent nearly every free moment of their childhood at Sand Mountain, near Fallon, Nevada.
"It is good clean fun, and kept them out of trouble," said their father, Gary. The elder Bullock has a '72 W100 that he bought new off the showroom floor before Cody and Cam were born. That truck now has more than 600,000 miles on it, many of them with Cody behind the wheel and sand under the tires.
While some of his friends became infatuated with dune buggies and ATVs, Cody has always been a truck man. And to be even more specific, a Dodge truck man. In '96, he purchased the '75 W100 short bed shown here. Of course, the pickup looked far differently then; it had been sitting for years and wasn't running, but that kept the purchase price low, and Cody was planning on tearing the truck down to the frame rails anyway.
After years of collecting funds, searching for the best deals on parts, and designing his dream truck, Cody dropped his Dodge off at Samco Fabrication. Samco owner, Sam Cothrun, is a lifelong friend of Cody's and is better known for building and prepping vehicles that win desert races than for designing sand trucks. However, Sam was eager to be involved in the project and his knowledge of suspension design transferred easily from Baja to Sand Mountain.
Sam's brother, Wilbur, got involved, as well, helping Cody build the stroked 408ci Mopar small-block under the hood with an estimated 500 horsepower. The stock block was fitted with a Scat steel stroker crank connected to Eagle rods and Keith Black forged pistons. The entire rotating assembly was internally balanced and produces a compression ratio of 11:1, which requires Cody to run a 50/50 mixture of race gas and pump gas to keep detonation at bay. The block is topped with Indy aluminum cylinder heads capped with an Indy single plane, high-rise intake manifold and Carter Thermoquad carburetor. A K&N filter keeps sand out of the carb, while exhaust gasses exit through TTI to dual three-chamber Flowmaster mufflers. The engine is Cody's Dodge was moved back 6 inches when the when the truck was constructed to provide a better weight balance and ensure that the W100 flies level.
The rear axle is the only departure from the Mopar parts bin, but Cody is quick to point out that there are no true Ford parts on his Dodge. The Spider9 axle housing is fitted with a Strange aluminum third member using 4.88 gears and a spool, as well as 35-spline axle shafts and Dodge brakes at the ends. With no steering concerns or engine to clear out back, the rear suspension design was considerably less complicated. Another pair of Fox Racing Shox 2.5-inch coilovers, air bumps, and Hypercoil springs are used with 150-lb/in over 250-lb/in rates to cycle 18 inches of travel. The triangulated four-link uses uppers made from 1.25-inch, 0.120-wall 4130 and FK JMX14 rod ends that connect to brackets TIG-welded to the center of the Spider9 housing. The lower links are constructed from 1.75-inch, 0.120-wall 4130 chromoly and FK JMX14 rod ends.
Perhaps the most unique aspect of the W100 is the steering. The stock J-arm was retained on the Dana 44, along with the push-pull steering. Instead of being ahead of the engine, the steering box is on the frame rail under the driver seat. Sam Cothrun told us, "This was a fairly common design on Class 4 trucks in the '80s." The Delphi Hummer H2 power steering box works in conjunction with a chain-and-sprocket drive that connects the box to the steering column. Sprockets with different tooth counts can be easily swapped to speed up or slow down the steering ratio. A drag link that is constructed from 1.25-inch, 0.120-wall 4130 chromoly and 3/4-inch FK rod ends connects the box to the steering arm.
The use of a triangulated true four-link front suspension requires the drag link to be the same length as the lower control arms to help eliminate bump steer. A chain drive connects the steering box to the column and allows the tooth count to be changed to speed up or slow down the steering. The front suspension uses lower links constructed of 1.875-inch, 0.188-wall 4130 chromoly and FK JMX 16 rod ends. An additional link built from 1.5-inch 0.120-wall 4130 attaches to the center of the axle and ties in the other two links at the frame end. 2.5-inch diameter 14-inch-stroke Fox shocks stacked with 250-lb/in over 350-lb/in coil springs and 2x3-inch stroke Fox air bumps complete the front suspension. Other than the 4.88 gears and added trussing, the front Dana 44 is basically stock.
|Vehicle: '75 Dodge W100
|Owner: Cody Bullock
|Chassis: Stock with chromoly 4130 cage throughout
|Engine: 408ci Mopar V-8, Keith Black forged pistons, K&N intake, Flowmaster exhaust, Scat stroker crank, Eagle rods
|Drivetrain: Dana 44 front, Spider9 rear, 4.88 gears, Spool, Strange third member, NP205 divorced, TF727 three-speed auto transmission
|Suspension: Custom built four-link front and rear by Samco Fab, Fox shocks and air bumps
|Steering: J-arm push-pull setup, Hummer H2 power steering box
|Brakes: Dodge disc brakes
|Tires/wheels: 37-inch BFG Baja T/A tires, Pro Comp wheels
|Interior: Custom carbon/sheet metal dash, Winters shifter, Auto Meter gauges
|Other Parts: Trailer Products Walker Evans fiberglass, Pro Comp lights, 25-gallon Fuel Safe cell
|Favorite Off-Road Area: Sand Mountain, Glamis, Pismo


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Custom 4S1590BB Enclosures
4.67" x 3.68" x 1.18"
We ship within 2-3 business days of order placement, depending on product availability and lead time, Monday through Thursday. We ship via UPS and USPS for all orders.
1) Click the "Account" link at the top of our site.
2) Enter your email address.
3) Select "Create Account".
Click the "Account" link at the top right hand side of our site to edit your account information.
We accept all major credit cards as well as PayPal.
We normally ship parts orders within 2-3 days after your order has been accepted. Custom orders may take up to 3 weeks to deliver depending on the quantity and complexity of the order.
Please log into your account, then check shipment.
Click the "ACCOUNT" link at the top of our site to track your order status. Be sure that all of the items in your order have shipped already. If you order displays your Package Tracking Numbers, check with the shipper to confirm that your packages were delivered. If your packages each show a status of "delivered", please contact our customer service for assistance.
If any item(s) missing from your order and the email confirmation shows that the item(s) has shipped please contact us immediately @ firstname.lastname@example.com
Shipping is automatically calculated prior to submitting your payment information. Simply add items to your cart and proceed to the Checkout page where you will be offered Shipping Method choices and their prices. We will ship your order shortly after we receive payment from you.
Backordered items are those which our suppliers are unable to predict when they will have more in stock, but as soon as they do, we will be able to ship the item to you.
During the checkout page we'll ask for your shipping address details including country. If your country is not in the dropdown menu of available countries, unfortunately we cannot ship to your country at this time.
If you require proof for your project after selecting your options, please use your proof choice from the available links below to complete your purchase.
Normal Lead Time: 3 Weeks Need them sooner? Contact us about our expedited services Turnaround Time: Additional Cost (Percentage Of Order Total):
- 1-3 Days 50%
- 4-6 Days 40%
- 7-10 Days 30%
Digital Proof - We will send you a PDF with a digital mockup of your pedal and how it will look when printed.
We'll do our best to make sure all colors are represented to correctly to give you the most accurate representation of your finished product
Photo Proof - After printing your first test enclosure, we will email you a photo of the product (point & shoot quality).
We'll make sure that your product is in sufficient lighting and the photo really reflects the finished product
Physical Proof - After printing your first test enclosure, we will ship your enclosure to you via a standard shipping option (UPS Ground, or USPS Priority) All orders requesting a proof will then be asked to verify the product before production begins. Once production begins, no changes to artwork/drilling can be made.
Enclosures can be printed on all sides of the enclosure (excluding backplate). When making selections, check your artwork to make sure that you are making the correct selections.
Each side of the enclosure is counted as a separate screen, and is charged based on ink being used for the face. For instance, if you are printing full color on the face, but a black logo on the bottom. Be sure to select 'Black Ink' for the bottom drop-down to avoid being overcharged.
When choosing a custom powder, please enter the Item # from either Prismatic Powders or Columbia Coatings into the Text Box so we can order the correct powder for you.
The extra charge for custom powder is to facilitate the ordering process, and shipping cost of the powder to our facility.
Click the hyperlink in the options to upload any artwork / drilling templates for your enclosure. (.ai, .pdf Illustrator files are preferred, Rasterized files with resolution of 300dpi or greater also acceptable).
Lower quality artwork that needs to be fixed by our art/printing tech will be charged an extra fee for the time of fixing the file (Standard rate: $20 / 30 mins)
Each of the templates is a .pdf, which work best when opened in Adobe Illustrator.
Use these templates to align your artwork correctly and plot your drill points in their proper coordinates
Check out our "Custom Order Checklist" to make sure you've got everything we need to get your enclosures exactly how you want them.
No refunds will be given to orders not accepted due to issues with customer submitted files.
Mammoth Electronics is committed to providing high quality custom services to our customers.
Our highly-skilled graphic design and drill techs will make every effort to help us notify the customer of any potentially incorrect artwork/drill files.
However, if no changes are requested, and no proof is desired, order will be completed as is.


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- Thai Grand Prix
Ecclestone targets Bangkok night race by 2015
Bernie Ecclestone says Thailand will have a Formula One night race on the streets of Bangkok by 2015.
Earlier this year the Sports Authority of Thailand said a race would be in the capital by 2014, but Ecclestone has now told the Wall Street Journal that 2015 is more likely.
"They say 2014 and I say 2015," he said. "It is serious and it is good."
The report in the Wall Street Journal said a location had now been chosen and that the government would foot around 60% of the cost of hosting the race. The rest is expected to come from Red Bull.
In 2010 Red Bull held a demonstration on the streets of Bangkok to celebrate the King's 84th birthday and the event drew crowds of 150,000. Last weekend Bangkok also played host to the Race of Champions in the Rajamangala National Stadium.
If the race in Thailand goes ahead it will be the third new addition to the calendar in the next three years with races in New Jersey and Russia set to join in 2014.


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WASHINGTON — One can tell a lot about the state of the '08 GOP field when the candidate getting the most buzz these days has less than $1 million in the bank and is not even breaking into the high single digits in national polling. Mike Huckabee's strong showing among Christian conservatives has tongues wagging about a primary that just won't seem to gel around a front-runner. But can we really put Huckabee into the top tier? Is he anything more than a spoiler? What can his rise (or fall) in early states like Iowa tell us about the fate of the other Republican contenders?
For anyone who's watched him in the debates, Huckabee's appeal is obvious. He's a gifted orator whose comfort in his own skin (interesting given that he's lost more than 100 pounds) translates well to TV audiences. But more importantly, he's giving GOP voters, specifically social conservatives, something that few other candidates are: a message that emphasizes who he is rather than who he is not. While Mitt Romney's and Rudy Giuliani's pitch to the base is centered heavily on bashing Hillary Rodham Clinton, Huckabee's appeal is centered on his own record and story.
Just as then-Sen. John Edwards did in '03, Huckabee is contently sitting on the sidelines while the other candidates throw punches at one another. This may explain his recent jump in the polls in Iowa. Survey trends from pollster.com show the former Arkansas governor had been basically flat for most of the year, but his upward trajectory since August has been the most dramatic of any candidate.
An endorsement from recent dropout Sam Brownback could help sustain Huckabee's momentum. It won't bring much in the way of money or obvious votes (the Kansas senator was one step above an asterisk in the most recent Des Moines Register poll). But Iowa watchers say that Brownback had a strong grassroots organization among the pro-life community. And there's no love lost between the Romney and Brownback campaigns.
Even so, does Huckabee really have a shot at winning Iowa? Here's where comparisons to Edwards get a little tricky. Like Huckabee, Edwards was trailing in the polls in October 2003, but he was even further behind his main rivals than Huckabee is today. A poll [PDF] from Greenberg Quinlan Rosner Research (D), conducted Oct. 2 through Oct. 13, had Edwards in a distant fourth place with the support of just 8 percent of respondents. Yet, at this point in 2003, Edwards had a lot more money. At the end of 2003's third quarter, Edwards had almost $5 million in the bank; Huckabee has just $651,000. Even more importantly, reports NBC News/National Journal's Carrie Dann, the chatter among Iowa insiders on both sides of the aisle is that Huckabee has actually spent less time in the state than one would expect. In fact, says Dann, some are questioning why he hasn't just moved permanently to the state.
Huckabee is not without enemies, particularly in the anti-tax wing of the party. It remains to be seen if they will allow Huckabee to continue creeping up in the polls without launching an attack on him. Remember, the Club for Growth already ran ads against Huckabee in the run-up to the Ames straw poll. Since the Club would be satisfied to have Romney, Fred Thompson or Giuliani as the nominee, it doesn't have to worry about the unintended consequences of its strategy.
What about the Romney campaign letting some of the air out of Huckabee's tires? As it looks today, the rest of the GOP front-runners seem to be leaving Iowa for Huckabee and Romney to fight over. Romney can't afford anything but a big win over his underfunded opponent in order to keep his front-runner status. But Romney also has to protect his tenuous lead in New Hampshire and prove his viability in the South with a good showing in South Carolina. Huckabee's appeal is much more limited in a place like New Hampshire, where economic conservatives are a larger chunk of the electorate. A decent showing could give him a lift going into more friendly territory in South Carolina. All of this assumes, however, that he has the infrastructure to both raise and properly spend an infusion of cash.
As John McCain, Romney, Giuliani and Thompson continue to throw elbows, Huckabee may end up as the only guy without a black eye, which is reminiscent of Edwards in 2004. What is even more remarkable about Edwards is that even after a bloody general election, he was able to emerge relatively unscathed. This sets Huckabee up well as a potential running mate, especially if the nominee is a Northeasterner looking to shore himself up in the Bible Belt. Huckabee's populist economic message could also help give the GOP ticket a boost among once Republican-leaning but now disaffected voters in Ohio. Of course, there would be concern that his socially conservative positions could turn off moderate suburbanites.
Whether Huckabee is able to keep up a head of steam until early January is unclear, but his appeal today is understandable. Many primary voters know they are ultimately going to have to eat their vegetables and vote for a candidate they either don't love or who doesn't line up with them on 100 percent of their issues. But at this point, they sure like being able to eat the ice cream that Huckabee's offering.
Copyright 2012 by National Journal Group Inc.


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Former Buffs star Paul Richardson gains traction in Seahawks camp
RENTON, Wash. — Receiver Paul Richardson timed the snap and raced past cornerback Richard Sherman on Monday. The pass was underthrown, but it provided a glimpse of why the Seahawks think so highly of the rookie from CU. Richardson returned to practice after dealing with a shoulder injury and said he expects to play Thursday against the Broncos at Sports Authority Field at Mile High, where he enjoyed success in college against CSU.


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VSC needed a new logo design and created a contest on 99designs.
A winner was selected from 28 designs submitted by 13 freelance designers.
Cha de Bugre is a plant from the rainforests of Brazil which works as a natural appetite suppressant, may reduce cellulite, and gives an energy boost.
(details here: www (.) chadebugre (.) com (not my site though!)
Pure Cha de Bugre
Logo needs to be rectangular, and be supplied as a PSD and EPS file.
Product is a natural herbal product, and this 'feel' should come across in the logo, while getting across a sense of quality and professionalism.
The product will be a premium product, demanding a higher price than many other brands - so the quality and purity aspects are important.
- Elegant and clear logo
- Clear indication that the product is from Brazil
- Primary focus is on appetite suppressant qualities, then energy boosting.
- Colour scheme - open to suggestions, but as Cha de Bugre comes from Brazil, greens would be a favourite ... then again there are the carnivals, so some bright highlights could be good.
- Happy to have illustrations or photos - whatever works best!
- Fussy
- Too many colours
- Confused focus
Find out how a design contest works or learn more about our logo design services.


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2008: A watershed year for Middlebury
The year 2008 may mark one of the turning points in the Middlebury's history. It will be the year town residents committed to building the Cross Street Bridge, approved a $16 million bond and agreed to change the town's charter to allow for the implementation of local option taxes. All were enormously important decisions.But it will likely also mark the beginning of a renaissance in community betterment. Let's count the ways:• This summer, after almost a decade in the making, Middlebury's Town Hall Theater comes back to life. The extraordinary $6 million renovation of that historic building will have been completed and Middlebury's arts scene will be more vibrant than ever before.• A riverfront committee is making plans to continue improvement on the banks of the Otter Creek just below the falls, following up on work that began this past fall. If all goes according to plan, an outside amphitheater will get underway that will provide several rows of riverside seating (just above and beside the footbridge near the Marble Works' picnic tables) and the potential for musical and theatric entertainment in the summer and fall when the weather permits.That's just one part of a long-range plan to more fully utilize the Otter Creek's shoreline through the length of the town and beyond. Better canoe and boat access and egress points are also in the works, making it more convenient for boaters to appreciate the creek. Expanded parks and a running/walking path along the creek are also in the planning stages.• Another committee in town is working on expanding and improving the arts and entertainment scene in Middlebury, and will not only work with the Town Hall Theater, but dovetail with the many other activities going on in this increasingly active arena. Another community effort spawned the successful Green Energy Expo this past weekend, and is developing plans to tap into other innovative ideas connected to the "green energy" movement.• Yet another committee, each of which was sparked by the 'creative economy' effort of a year ago, is contemplating how to facilitate incubator sites so new businesses can grow their roots here in the land of milk and honey. In connection with that effort, perhaps a revitalized Middlebury Economic Development Corp. could focus on rebuilding the town's industrial and commercial base. (We have all the natural assets a town needs; we just need a more aggressive team to pursue opportunities and make our own good fortunes come true.)• In Cornwall, an effort there has allocated matching money to build an expanded shoulder on Route 30 to accommodate runners and bikers — making a far safer and more enjoyable recreational path for many college students and area residents. Hopefully a future grant will allow a similar effort on Route 125 west to Cider Mill Road, completing a loop run or bike for area residents and students.• In the area of housing, Middlebury has ample projects on the planning boards and several recently completed apartment and condominium units, plus assisted living quarters. That all bodes well for the future, allowing existing financial institutions to work with builders and residents to live in planned developments close to work and schools — a necessary ingredient when hoping to attract new employers.• Looking at the big picture, the overwhelming community support of the Cross Street Bridge (more than a two-to-one margin in support of the $16 million bond) is a terrific message that speaks to a desire by area residents not just to see Middlebury solve its traffic problems, but also to realize the community's potential. The Cross Street Bridge may well be the catalyst that energizes more downtown development, expands the downtown's effective borders, and creates the critical mass needed to help the retail community remain vibrant. More importantly, it symbolizes the collective energy, commitment and willingness to sacrifice for the greater good that sets the stage for continued success and growth.******We all want to live in a thriving community that buzzes with excitement and unlimited potential. That doesn't mean the community has to be booming with new development or so busy the constant hum makes you yearn for peace and quiet; rather, it means that opportunities are ever-present for current residents and for the next generation. At base, we want a community that will enable our kids — if and when they choose to return home and settle down — to find good jobs and raise a family close by. Besides the necessary economic activity that provides jobs, what that may also mean is that we'll want to be on the cutting edge of technology and energy efficiencies; we'll want to be part of new movements in local foods; and we'll want to have the opportunities (that is, ease of access) to be smart and responsible consumers. While area residents come from many diverse backgrounds, what we have in common is an appreciation of our tight-knit communities; what we seek are avenues and locales in which to congregate, socialize and share the bounty of each day with each other. The greater Middlebury area has much already, but the stage has been set for 2008 to bring many of these assets together in a coherent whole that hasn't been seen for several decades. The challenge for the moment is to make sure these current tasks are brought to fruition; the challenge for tomorrow is to build on that progress and keep the ball rolling.Angelo S. Lynn


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Government Consultations and Our advice for respondents
The Government is currently consulting on revised guidance for licensing badger control areas and they want to know what you think.
The consultations close on Sunday 15th April and we are encouraging all Badger friendly people to respond. To help you with have prepared guidance notes for you to use. However, IT IS IMPORTANT that you DO NOT copy and paste our response directly. This is because the government review the responses using computer algorithms to look for duplicate responses and then count them as one response. You need to respond in your own words.
The first consultation is a review of the current guidance that allows natural England to licence a maximum of 10 new cull areas per year. The government is seeking to remove this limit.
The link to the Consultation is here
Our guidance notes are here
The second consultation is to allow badger controls - including culling - into the Low Risk Area which is effectively the rest of England. This could allow badger culls to take place in any or every county in England simultaneously in future. The government has yet to release any data that shows the pilot or existing badger culls has achieved any of the improvements they required. Bovine TB is still rising in the UK yet around 33500, probably disease free badgers have been culled.
The link to the consultation is here
Our guidance is here
Please share our guidance with all wildlife friendly groups, friends and colleagues and ask them to respond. The volume of responses received is a key criteria when the government considers their future plans.
The responses will take around an hour of your time to read and complete but could stop the badger culls coming to every part of the country
Here are responses from other organisation, please click on the list below to view.
1. Bovine TB: Consultation on revised guidance for licensing badger control areas Response from the Zoological Society of London
2. Bovine TB: consultation on proposals to introduce licensed badger control to prevent the spread of bovine tuberculosis in the Low Risk Area (England) Response from the Zoological Society of London
3. Consultations notes form the South West Badger Protectors


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nixta78 needed a new logo design and created a contest on 99designs.
A winner was selected from 37 designs submitted by 10 freelance designers.
Need a professional and fun new logo.
Your simple guide to the stock market
Desired Color Scheme:
Preferably blues and greens
Accepted File Formats:
Our site is being redesigned and we need a new logo that goes with it. It needs to look sharp and professional, yet still "fun" since many of the visitors are students.
We would like the slogan, "Your simple guide to the stock market" in there if you can fit it in nicely. Otherwise you are free to choose different words for a slogan.
Please submit your images with my site's blue background in your background:
Here is a screenshot of the new site:
Let me know if you have any questions. Thanks! Nick
Find out how a design contest works or learn more about our logo design services.


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LONDON (MarketWatch) — Germany's benchmark stock index tumbled on Friday, marking a third straight day of losses, as investors continued to worry about the fallout from the tougher sanctions on Russia.
Russia and Germany have close trading ties, and some 25% of Germany's energy needs come from Russian gas, oil and coal imports.
"The sanctions will have a much bigger impact on Germany than most other markets," said Peter Dixon, strategist for Commerzbank.
Market moves: Germany's DAX 30 index DAX, +0.08% dropped 2.1% to close at 9,210.08. For the week, the benchmark slid 4.5%, the biggest weekly loss in two years.
Shares of Adidas AG ADS, +0.25% gave up 1.8% after Deutsche Bank cut the company to sell from hold, and J.P. Morgan Cazenove downgraded it to neutral from overweight. On Thursday, the stock plunged after the sportswear retailer cut its 2014 outlook in part because of risks surrounding Russia.
Among other major movers in Germany, shares of chemicals company Linde AG LIN, -0.17% lost 3.8%, E.ON SE EOAN, -0.41% dropped 3.8% and Bayer AG BAYN, +0.25% shed 3.2%.
The pan-European Stoxx Europe 600 index SXXP, +0.29% slid 1.2% to 331.91, closing at the lowest level since April and losing 2.9% on the week. Read: ArcelorMittal, Iliad slump in Europe; AXA climbs
France's CAC 40 index PX1, +0.56% dropped 1% to 4,202.78. The benchmark closed 3% lower for the week.
The U.K.'s FTSE 100 index UKX, -0.16% gave up 0.8% to 6,679.18, for a 1.7% weekly drop. The pound GBPUSD, -0.3753% dropped 0.4% against the dollar to $1.6832, its lowest trading level in seven weeks. The sterling weakness came after a disappointing report on the U.K.'s manufacturing sector.
Data and events: The downbeat trading day in Europe came against a background of several downbeat events: mixed macroeconomic data, the collapse of the 72-hour cease-fire in Gaza, and continued concerns about the fallout from the tougher sanctions on Russia. A number of prominent European companies, such as Société Générale SA GLE, +0.87% and Adidas AG ADS, +0.25%, have already warned on the potential impact of Russia-related risks.
The main data release on Friday was the U.S. nonfarm-payrolls report, which said 209,000 jobs were added to the economy in July, falling short of estimates of a 235,000 print. Wages barely grew, easing pressure on the Federal Reserve to raise interest rates. One reason the Fed is currently holding off from hiking rates is lackluster wage growth. Read: What to watch in July jobs report: Growth, wages and hours
In Europe on Friday, Markit said the final euro-zone manufacturing purchasing managers index held steady at a seven-month low in July, with France among the weakest countries.
And in the U.K., the manufacturing PMI showed the sector slowed more than expected in July and expanded at the slowest pace in a year.
Comments: With some hefty weekly losses this week for benchmarks on both sides of the Atlantic, "the only question now is whether what we're seeing is the early stages of a broader correction or simply a brief selloff prompted by a number of small factors feeding into people's fear that a big correction must be round the corner," said Craig Erlam, market analyst at Alpari UK, in a note.
And more specifically for German stocks — which are at their lowest level since mid-April — the DAX has "made a definitive breakdown from its March uptrend and left the 200-day moving average fall behind at 9580," according to Mike van Dulken, head of research at Accendo Markets. He noted the index could fall all the way to a 2014 low around 8,910.
More must-reads from MarketWatch:
Even pros don't know this about the market in August
Argentine stocks sink over 8% after default


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From the Westbank to New Orleans East, there is a vibrant community of over 20,000 Vietnamese New Orleanians. Once a week host Kim Vu invites a guest to chat about Vietnamese etiquette, ancient proverbs, Vietnamese events in New Orleans, and Vietnamese food. A Vietnamese-American recently arrived from California, Kim combines her own discovery of the local Vietnamese community with her deep familiarity and love of Vietnamese life and customs. Kim and guests weave a tapestry of fun and pho, Hanoi and poboy, as VietNola explores the world of Vietnamese New Orleanians, here and in Vietnam.
VietNOLA Fight Club: Thanh, Vinh, and Grandmaster Tai Le February 15, 2015


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Sunday Sweets: Threadcakes!
As you may recall, Threadless.com hosts an annual contest called Threadcakes where bakers replicate one of Threadless' shirt designs in cake form. Threadless shirts are super fun, and the participating decorators are always amazingly creative. The contest just wrapped this week, and since Jen is one of the judges again this year, I thought I'd share some of *my* favorite submissions.
(I'll post a photo of the shirt design first, followed by the cake entry.)
I'm in love with this design titled "Alice's Sewing Basket:"
And here's Melissa's phenomenal matching cake:
Here's one called "Firelight Cottage."
And Jennifer's cake:
This shirt is too cool: "Doc Franklin's Miracle Tonic"
But Neli's cake is even better:
You can see closer detail shots at the link. So cool.
Vina did an awesome job of bringing the design to life:
"Strange Birds" is one of my favourite designs on Threadless. Look at these colours!
Cora's cake based on the design is just as fun.:
By Jamie Hoffman
And the rainbow pools are chocolate ganache mud cakes? Yeah. I'm so there.
But Georgia's cake really blew me away:
This sweet design is called "A Vehicle Built for Dreams." It reminds me of books I read as a kid:
Sarah's cake is so beautifully painted...
...and she's only 17! Wow!
"Sugar Land" is the perfect design to turn into a cake:
By Kim Rountree
By Megan Matsumoto
It took her a whole week to make! Well worth it, Megan.


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Unexpected start, long season in return to Ottawaby Dave Lozo
Would you believe a pickup hockey game and some cold beers in the locker room afterward helped bring an NHL team back to Ottawa?
Cyril Leeder said the genesis of the idea occurred in the "true Canadian style" in January 1988 as he enjoyed some cold ones at Lyons Arena with Bruce Firestone and Randy Sexton. They were executives at Terrace Investments, a real estate development company, and would be the principals involved in changing the sports landscape in Ontario forever.
"We're having a beer in the dressing room," Leeder said, "and Bruce thought the League expanded on a fairly regular basis and it had been a while since they expanded and they likely would be expanding soon and that Ottawa should get a team and our firm should lead the charge.
"The next two years, we were basically hard at it trying to pull together a bid and support for a hockey team in Ottawa."
Part I: Shattering the gender barrierBy Arpon Basu - Managing Editor LNH.com
Twenty years ago, Manon Rhéaume became the first woman to play in a major-league game, appearing in goal for the Tampa Bay Lightning during the NHL preseason. Her impact is felt to this day.
- Rheaume: Part II | Part III | Part IV | Pioneer
- VIDEO: Ottawa Senators join the League
The Canadian capital was awarded a franchise on Dec. 6, 1990, and it would play its first game on Oct. 8, 1992. The arrival of the Senators, along with the Tampa Bay Lightning, gave the NHL 24 teams.
The process of securing the bid and that first season were filled with obstacles and hardships, but it laid the groundwork for one of the more successful teams of the 2000s and created some fond memories for players who were either near the end of their careers or just getting started in the NHL.
All Firestone, Leeder and Sexton had to do was scrape together the $50 million expansion fee and, for good measure, they showed a display of Ottawa pride and enthusiasm at the Board of Governors meeting in Palm Beach, Fla., by bringing along a marching band to help seal the deal.
As the Terrace group made its pitch, the Ottawa Fire Department Marching Band began to play outside the offices. It drew laughs from those in attendance but it clearly didn't prevent Ottawa from securing an NHL franchise.
Constructing hope
The original Ottawa Senators were founded in 1883 and were a franchise in the NHL from 1917 to 1934. Except for a one-season stint by the Ottawa Nationals in the WHA in 1973-74, professional hockey didn't exist in the city.
That presented a special challenge for the Terrace group, with Ottawa comprised mostly of fans of the Montreal Canadiens and Toronto Maple Leafs, a pair of Original Six teams with rich histories. Not only did the people of Ottawa need to be convinced to support a team, so did government officials.
There wasn't a location within the city where an NHL arena could be built, so the plan was to place it in Kanata, which is about 25 kilometers west of Ottawa. That left the Terrace group with the unenviable task of convincing both a fan base loyal to the Habs and Leafs, and the NHL's Board of Governors, that professional hockey was viable in Ottawa.
"We didn't have an NHL-quality arena at the time," Leeder said, "so we really had to put together an arena plan to develop a major complex and getting the right team of professionals behind that -- architects, construction companies. So it was a bit of convincing our own market that we could do it. There was a bit of skepticism here when we first announced it but it didn't take long. It was a bit of a snowball effect. You get a few people behind it and pretty soon we had the whole community behind it."
The plan was embraced more quickly by fans than government leaders. The arena was to be built on farmland, which required the area to be rezoned. Though the city of Kanata was on board, the province was not. A groundbreaking ceremony was finally held in 1992, but ScotiaBank Arena, known then as The Palladium, wasn't ready for the Senators until the start of the 1994-95 season.
That forced the team to open the '92-93 season at the Ottawa Civic Centre, a 10,585-seat arena that has been home to the OHL's Ottawa 67's since 1967. The rink, which seats most of its fans behind the benches, is quite large for the junior ranks but was substandard in comparison to NHL arenas.
"It sat 10,000 people. You sat on the bench and looked up at cement pillars," said Rick Bowness, who coached the Senators from 1992-95 and is currently an assistant with the Vancouver Canucks. "You weren't going to sit on the bench and think you were in an NHL rink. All the fans are behind you so you can hear the noise but we weren't kidding ourselves. We weren't playing in an NHL facility. That rink was as good as it could be."
In an inaugural season filled with setbacks and heartache, on opening night, the Senators were as good as they could've been.
Memorable beginning
Ten wins. That's how many victories some pundits predicted the Senators would earn in their first season back in the NHL. It turned out to be an apt prognostication -- the Senators went 10-70-4 to eke out the Washington Capitals' 21-point season in 1974-75 that stands as the worst in NHL history.
But on opening night in Ottawa against the Montreal Canadiens, who boasted future Hall of Fame members Patrick Roy and Denis Savard and were coming off a 5-1 drubbing of the Hartford Whalers two nights earlier, the Senators delivered their best performance of the season.
Neil Brady scored the franchise's first goal during a second-period power play, and Sylvain Turgeon scored the game-winner in a 5-3 victory against a Canadiens team that would win the Stanley Cup.
"That was a special night," Leeder said. "We were kind of worried about our team, if they were going to be good enough to compete, and they came out and played a real heck of a game in beating Montreal that first game. We thought, 'Geez, maybe we're not going to be that bad.' But then we lost the next nine games. So it really was that opening night, that special moment."
Jamie Baker was coming off his first full NHL season with the Quebec Nordiques and joined his hometown Senators right before training camp. Baker grew up in Ottawa, and his father had season tickets to the Ottawa Nationals during their one WHA season. Baker had an assist in that win against the Canadiens, and the left wing who played 404 career NHL games remembers that night as one his fondest in the League.
"I was excited leading up to it, then a little bit nervous the morning of the game," said Baker, now an analyst on San Jose Sharks radio broadcasts. "But honestly, chills. It just gave me chills. I was a part of the first game back in my hometown. That's all you can say. From the mental part, you just had to stay focused. I had to control my emotions during the game. I think everyone was talking about it. I was returning calls. There were a lot of distractions. I was trying to avoid those and focus on the game but it was hard to do that.
"That ceremony went a long time. It's probably still one of my favorite renditions of 'O Canada' that I've heard to this day."
Before the game, there was a ceremony with more pageantry than an Ice Capades show. There was synchronized figure skating, the raising of Stanley Cup banners won by the original franchise, and the Canadian anthem was performed by an 18-year-old singer named Alanis Morissette, who went by just "Alanis" at that time.
"It was a memorable night. It was long, but it was for your team," Bowness said. "You just prepare your team and prepare your staff and say there's going to be some huge distractions here tonight so let's just get ready for it. It was an outstanding opening and a little long, but it didn't matter. It was so well done and so professionally done. Then to have Alanis come out when she was starting her professional career, that was a big thrill for a lot of the guys too."
Leeder, now Senators president, said, "I think that night, a lot of people came not knowing what to expect. Most people in Ottawa at that time were either a Montreal or Toronto fan. I think we converted a lot of people that night that came into the building ready to cheer for Montreal and they went away cheering for the Senators."
Baker was a little less convinced about the converting.
"We didn't do a lot of converting that year," he said. "Montreal fans weren't quite jumping on the bandwagon just yet."
No E's for effort
There's no sugar-coating just how bad the Senators were in '92-93.
After defeating the Canadiens, the Senators lost nine straight before earning a 2-2 tie against the Buffalo Sabres. They would lose another 11 straight before picking up their second win of the season, Nov. 25 against the New Jersey Devils, 3-1 in Ottawa.
The Senators endured losing streaks of nine, 11, 11, eight, six and 14 games with winless streaks that were even longer in an era when games could end in ties. They went 21 games and 48 days between their wins against the Canadiens and Devils and allowed seven goals or more seven times in that stretch.
It's hard to blame the players, many of whom were selected in the 1992 Expansion Draft in June. Twenty-one teams were allowed to protect two goaltenders and 14 skaters while the San Jose Sharks were exempt from the process after joining the League the previous season. That left the Senators and Lightning picking through scraps that were cast off by the NHL's established franchises.
It got so bad during the season that at one practice, a fan tried to join the Senators and help out.
"Vincent Pun shows up at practice one day with brand new hockey equipment and goes up to Mike Peluso and says, 'I'm here to help,' " said sportswriter Bruce Garrioch, who has covered the Senators throughout their existence. "Peluso says, 'Well get out there and give us a hand.' So he puts on his equipment and jumps on the ice. He can't skate. After five minutes, Peluso skates over to him and tells him to get off the ice or every practice we have from now on will be closed to the public."
It was a grueling, thankless and sometimes excruciating season for a group of athletes who prided themselves on being the best but found themselves on the winning side 10 times in six months.
But it wasn't as bad as it could've been -- everyone on the roster had an idea of what to expect going into the season.
"As history shows, it was just a team that was kind of piecemealed together, a lot of guys who were playing in the minors," Baker said. "I was just breaking into the League. They had some old veterans like Brad Marsh, Laurie Boschman, Doug Smail, some guys who had been around. It was a long year.
"I remember some people predicting the team would win eight or 10 games. Someone predicted 10 games, which means you have to win a game basically every eight games. We won our first game and we were showering afterwards and (goaltender) Peter Sidorkiewicz and I are joking around saying, 'Here we are, boys! Here we are, boys! We don't have to win our next seven games. We've done our job!' We weren't laughing like 16 games later when we hadn't won yet. We were like, 'Why did we say that?' We didn't think we were going to be good, but we didn't think we were going to be that bad."
Garrioch recalled a trip to Boston on which the team was smacked in the face, although it happened off the ice and was quite inadvertent.
"One time we landed in Boston," Garrioch said. "The bus is broken down, so we're taking the train from Logan (International Airport) to the hotel. A guy takes a look at everybody standing on the train and says, 'Where you guys from?' Someone muttered, 'Ottawa.' The guy says, 'Ottawa? Great city. Bad hockey team.' Then Darcy Loewen said, 'We're the hockey team.'
"They had a bunch of character. They didn't expect to win. They lost a lot but took it well. They were a good bunch of guys."
As hard as it was for the Senators to win at home, they found it impossible on the road. They set an NHL record that will almost surely never be matched -- they lost 38 straight road games to start the season. They reached overtime twice on the road in that stretch, and in an era when points weren't given for being tied after 60 minutes, the Senators hadn't earned a single point away from Ottawa.
That all changed on Long Island on April 10, 1993. Boschman had a hat trick and Sidorkiewicz made 43 saves when the Senators beat the New York Islanders for their only road victory of the season.
True to their reputation of not letting a nightmare season bring them down, Boschman celebrated like he had just won a championship.
"Laurie Boschman's in the middle of everyone yelling, 'We're going to Disneyland! We're going to Disneyland!' " Baker said. "So the one thing about that team is we all stuck together. As hard as it was, even though there were no expectations for that team within the city, as a pro, you don't like to lose. You're like, 'Oh, it doesn't matter.' It mattered a lot. It was a long year but we stuck together and still had fun and still worked hard and still competed even though we weren't that skilled as a team.
"It was brutal at times. You're losing games. I think I read a quote that year that was something like, 'There's a win-loss column, there's no column under 'E' for effort. There's a win, a loss and a tie.' We were working hard, but when you keep racking up L's and T's, you need a few W's here and there. It was a long year but it was a great group of guys."
Follow Dave Lozo on Twitter: @DaveLozo