Archive for the ‘Affirmative Action News’ Category

Parity in STEM Faculty

Inside Higher Ed

August 23, 2011

LAS VEGAS — Numerous studies document the frustrations — personal and professional — of women who pursue science careers in higher education. Many of these women complain about unfair treatment, as well as frustrations that come with being in the minority (sometimes the extreme minority) in their departments.

The National Science Foundation is supporting a research project to focus more attention on STEM faculty at community colleges, where men and women are about 50-50 in faculty positions over all, and where women make up 47.7 percent of STEM faculty (compared to about one third at four-year institutions). Researchers who are part of a team at Ohio University studying the issue gave an overview of initial findings here at the annual meeting of the American Sociological Association.

Full Story: http://www.insidehighered.com/news/2011/08/23/study_finds_high_satisfaction_by_women_in_science_at_community_colleges

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The Culture of Some Colleges May Foster Gender Segregation by Major, Study Finds

The Chronicle of Higher Education

August 22, 2011

By Peter Schmidt

Las Vegas

Certain colleges may have cultures that nudge female students into stereotypically female fields and men into stereotypically male ones, suggests a study whose findings are slated to be presented here on Tuesday at the annual conference of the American Sociological Association.

Colleges that have relatively few women among their tenured faculty members and exceptionally small numbers of men among their undergraduates generally have higher levels of gender segregation by major than do other institutions, the study found. So do colleges with football teams in Division III of the National Collegiate Athletic Association, suggesting that those with athletic programs that emphasize male-dominated sports are less likely to encourage the gender integration of various academic fields, according to a paper summarizing the study’s results.

Full Story: http://chronicle.com/article/The-Culture-of-Some-Colleges/128781/?sid=at&utm_source=at&utm_medium=en

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Executive Order–Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

The White House

Office of the Press Secretary

For Immediate Release

August 18, 2011

Executive Order–Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

EXECUTIVE ORDER

ESTABLISHING A COORDINATED GOVERNMENT-WIDE INITIATIVE TO PROMOTE DIVERSITY AND INCLUSION IN THE FEDERAL WORKFORCE

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the Federal workplace as a model of equal opportunity, diversity, and inclusion, it is hereby ordered as follows:

Section 1. Policy. Our Nation derives strength from the diversity of its population and from its commitment to equal opportunity for all. We are at our best when we draw on the talents of all parts of our society, and our greatest accomplishments are achieved when diverse perspectives are brought to bear to overcome our greatest challenges.

A commitment to equal opportunity, diversity, and inclusion is critical for the Federal Government as an employer. By law, the Federal Government’s recruitment policies should “endeavor to achieve a work force from all segments of society.” (5 U.S.C. 2301(b)(1)). As the Nation’s largest employer, the Federal Government has a special obligation to lead by example. Attaining a diverse, qualified workforce is one of the cornerstones of the merit-based civil service.

Prior Executive Orders, including but not limited to those listed below, have taken a number of steps to address the leadership role and obligations of the Federal Government as an employer. For example, Executive Order 13171 of October 12, 2000 (Hispanic Employment in the Federal Government), directed executive departments and agencies to implement programs for recruitment and career development of Hispanic employees and established a mechanism for identifying best practices in doing so. Executive Order 13518 of November 9, 2009 (Employment of Veterans in the Federal Government), required the establishment of a Veterans Employment Initiative. Executive Order 13548 of July 26, 2010 (Increasing Federal Employment of Individuals with Disabilities), and its related predecessors, Executive Order 13163 of July 26, 2000 (Increasing the Opportunity for Individuals With Disabilities to be Employed in the Federal Government), and Executive Order 13078 of March 13, 1998 (Increasing Employment of Adults With Disabilities), sought to tap the skills of the millions of Americans living with disabilities.

To realize more fully the goal of using the talents of all segments of society, the Federal Government must continue to challenge itself to enhance its ability to recruit, hire, promote, and retain a more diverse workforce. Further, the Federal Government must create a culture that encourages collaboration, flexibility, and fairness to enable individuals to participate to their full potential.

Wherever possible, the Federal Government must also seek to consolidate compliance efforts established through related or overlapping statutory mandates, directions from Executive Orders, and regulatory requirements. By this order, I am directing executive departments and agencies (agencies) to develop and implement a more comprehensive, integrated, and strategic focus on diversity and inclusion as a key component of their human resources strategies. This approach should include a continuing effort to identify and adopt best practices, implemented in an integrated manner, to promote diversity and remove barriers to equal employment opportunity, consistent with merit system principles and applicable law.

Sec. 2. Government-Wide Diversity and Inclusion Initiative and Strategic Plan. The Director of the Office of Personnel Management (OPM) and the Deputy Director for Management of the Office of Management and Budget (OMB), in coordination with the President’s Management Council (PMC) and the Chair of the Equal Employment Opportunity Commission (EEOC), shall:

(a) establish a coordinated Government-wide initiative to promote diversity and inclusion in the Federal workforce;

(b) within 90 days of the date of this order:

(i) develop and issue a Government-wide Diversity and Inclusion Strategic Plan (Government-wide Plan), to be updated as appropriate and at a minimum every 4 years, focusing on workforce diversity, workplace inclusion, and agency accountability and leadership. The Government-wide Plan shall highlight comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in the Federal Government’s recruitment, hiring, promotion, retention, professional development, and training policies and practices;

(ii) review applicable directives to agencies related to the development or submission of agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention, professional development, and training policies and practices, and develop a strategy for consolidating such agency plans and reports where appropriate and permitted by law; and

(iii) provide guidance to agencies concerning formulation of agency-specific Diversity and Inclusion Strategic Plans prepared pursuant to section 3(b) of this order;

(c) identify appropriate practices to improve the effectiveness of each agency’s efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles and applicable law; and

(d) establish a system for reporting regularly on agencies’ progress in implementing their agency-specific Diversity and Inclusion Strategic Plans and in meeting the objectives of this order.

Sec. 3. Responsibilities of Executive Departments and Agencies. All agencies shall implement the Government-wide Plan prepared pursuant to section 2 of this order, and such other related guidance as issued from time to time by the Director of OPM and Deputy Director for Management of OMB. In addition, the head of each executive department and agency referred to under subsections (1) and (2) of section 901(b) of title 31, United States Code, shall:

(a) designate the agency’s Chief Human Capital Officer to be responsible for enhancing employment and promotion opportunities within the agency, in collaboration with the agency’s Director of Equal Employment Opportunity and Director of Diversity and Inclusion, if any, and consistent with law and merit system principles, including development and implementation of the agency-specific Diversity and Inclusion Strategic Plan;

(b) within 120 days of the issuance of the Government-wide Plan or its update under section 2(b)(i) of this order, develop and submit for review to the Director of OPM and the Deputy Director for Management of OMB an agency-specific Diversity and Inclusion Strategic Plan for recruiting, hiring, training, developing, advancing, promoting, and retaining a diverse workforce consistent with applicable law, the Government-wide Plan, merit system principles, the agency’s overall strategic plan, its human capital plan prepared pursuant to Part 250 of title 5 of the Code of Federal Regulations, and other applicable workforce planning strategies and initiatives;

(c) implement the agency-specific Diversity and Inclusion Strategic Plan after incorporating it into the agency’s human capital plan; and

(d) provide information as specified in the reporting requirements developed under section 2(d).

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted to a department or agency or the head thereof, including the authority granted to EEOC by other Executive Orders (including Executive Order 12067) or any agency’s authority to establish an independent Diversity and Inclusion Office; or

(ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,August 18, 2011.

http://www.whitehouse.gov/the-press-office/2011/08/18/executive-order-establishing-coordinated-government-wide-initiative-prom

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Secretary of Labor Hilda L. Solis announces $1.6 million in funding for the ‘Add Us In’ initiative

U.S. Department of Labor

Office of Disability Employment Policy

ODEP News Release: [08/04/2011]Contact Name: Gloria Della or Bennett GamblePhone Number: (202) 693-8666 or x4667Release Number: 11-1141-NAT

WASHINGTON — Today at the National Disability Forum in Washington, Secretary of Labor Hilda L. Solis announced the availability of approximately $1.6 million in funding for the Add Us In initiative, which will fund up to three cooperative agreements with allotments ranging from $500,000 to $550,000 each.

The initiative is designed to increase the ability of companies to employ individuals with disabilities, particularly businesses owned and operated by African-Americans; Asian-Americans and Pacific Islanders; Latinos; members of federally recognized tribes and Native Americans; lesbian, gay, bisexual and transgender individuals; and women.

“The Labor Department is committed to ensuring that every American who wants a job can find one, including people with disabilities. The Add Us In initiative will help businesses develop strategies to provide a broader range of employment opportunities for this underutilized group of workers,” said Secretary Solis.

Eligible applicants are consortia having representation from each of the following four organization types: 1) An association of targeted businesses, a business association located in a target population community, or other similar entity; 2) a disability-serving organization; 3) a local workforce investment board or other organization with demonstrated experience in providing training and employment-related support services, such as a One-Stop Career Center; 4) and a youth-serving organization.

In addition to developing models, strategies and policies to improve employment opportunities for people with disabilities, a consortium must also form and strengthen connections among the four organization types by building a network of disability and diversity experts.

The full announcement for this grant opportunity can be found at http://www.dol.gov/odep/Addusin. Applications will be accepted until Sept. 2.

http://www.dol.gov/opa/media/press/odep/odep20111141.htm

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EEOC: 3M settles age discrimination complaint

Chron.com

Published 10:45 a.m., Monday, August 22, 2011

MINNEAPOLIS (AP) — The U.S. Equal Employment Opportunity Commission says technology giant 3M has agreed to pay $3 million to several hundred former employees who accused the company of age discrimination.

The EEOC sued 3M in U.S. District Court in Minneapolis on behalf of a class of former employees who said the company laid off hundreds of workers over the age of 45 from July 1, 2003 to Dec. 31, 2006. The lawsuit alleged 3M terminated many highly paid older employees and directed leadership training to younger workers.

Full Story: http://www.chron.com/news/article/EEOC-3M-settles-age-discrimination-complaint-2135637.php

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$6 Million Settlement for NUMMI Workers

U.S. Equal Employment Opportunity Commission

PRESS RELEASE

8-19-11

Relief for Disabled Auto Workers Denied Severance Benefits

OAKLAND, Calif. – New United Motors & Manufacturing, Inc. (NUMMI), California’s last auto plant, has agreed to contribute to a $6 million settlement fund as part of a class settlement resolving complaints that the company violated federal law when it denied severance benefits to employees on medical leave, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

With the historic closure of California’s last auto plant, the EEOC received charges from multiple employees laid off in April 2010, alleging that workers on medical leave were denied severance benefits and transitional services that other employees received. When the Fremont facility closed, employees received a severance package based on whether they worked during the last six months of NUMMI’s operation as well as their years of service. Workers informed the EEOC that they were physically capable of returning to work during the severance period but were denied reinstatement. As a result, most disabled workers were ineligible for the portion of severance pay that factored in their years of service. Many of the affected workers had worked for NUMMI for 25 to 30 years, and suffered losses of up to $38,000 each.

The Americans With Disabilities Act (ADA) protects individuals with disabilities from employment discrimination. In June 2010, the EEOC’s Oakland Local Office issued ‘right to sue’ letters to several NUMMI workers, while retaining the right to continue its investigation led by Senior Investigator Margarita Hossaini-zadeh. Senior Trial Attorney Marcia Mitchell advised on this case.

While the EEOC charges were pending, a group of former employees filed a federal lawsuit (Cookson et al v. NUMMI, C10-02931 CRB (N.D. Cal.) on July 14, 2010. They were represented by private attorneys and two advocacy groups, the Impact Fund and The Legal Aid Society – Employment Law Center.

Prior to the EEOC’s filing its own lawsuit, the EEOC, NUMMI and the workers all agreed to resolve the matter. The conciliation agreement between EEOC and NUMMI, attached to the settlement agreement for the private lawsuit, was submitted to Judge Charles Breyer today for preliminary approval.

NUMMI employees who meet the following criteria may be eligible to participate in a claims process over the coming months:

disabled under state and federal laws

on leave from work due to their own disability at any time between October 1, 2009 and April 1, 2010, and

denied all or any part of the NUMMI severance pay.

Contact settlement administrator Gilardi & Co., LLC at (415) 461-0410 for more information about the claims process.

“The NUMMI plant closure had an enormous impact regionally,” EEOC Oakland Local Director Kristine Jensen said. “The workers who came in to our office were devastated by the loss of severance benefits despite decades of loyal service. It was an extra blow on top of being forced back into a tough job market with their specialized skills as autoworkers and their disabilities. The EEOC commends NUMMI for working with the EEOC and the workers’ attorneys to resolve these allegations.”

New United Motor Manufacturing, Inc. was an automobile manufacturing plant in Fremont, Calif., and the only automotive plant on the West Coast; its shutdown in April 2010 directly impacted an estimated 4,700 workers.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-19-11.cfm

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President Signs Order To Promote Diversity And Inclusion In The Federal Workforce

U.S. Equal Employment Opportunity Commission

PRESS RELEASE8-18-11

EEOC Chair Berrien to Help Establish Government-Wide Initiative

WASHINGTON – President Obama today signed an executive order to promote equal employment opportunity, diversity and inclusion in the federal workforce, making federal workplaces models that tap talents from all segments of society.

The order directs U.S. Office of Personnel Management (OPM) Director John Berry and Deputy Director for Management of the Office of Management and Budget (OMB) Jeff Zients, in coordination with Equal Employment Opportunity Commission (EEOC) Chair Jacqueline A. Berrien and the President’s Management Council (PMC), to establish a government-wide initiative to promote diversity and inclusion in the federal workforce; develop a government-wide strategic plan and guidance for agency-specific plans within 90 days; identify best practices to improve agency efforts; and establish a system for reporting on agency progress.

The plans should identify strategies to remove barriers to equal opportunity in federal government recruitment, hiring, promotion, retention, professional development and training. Within 120 days after the government-wide plan is released, each agency must to issue its own agency-specific Diversity and Inclusion Strategic Plan.

“President Obama’s Executive Order reinforces the leadership that federal agencies can play in ensuring that every qualified worker has an equal opportunity to succeed and advance in the workplace,” Chair Berrien said. “The Executive Order will help the nation fulfill the promise of equal employment opportunity, in every workplace, beginning with the federal government.”

The full text of the President’s executive order, “Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce,” is available on-line at http://www.whitehouse.gov/the-press-office/2011/08/18/executive-order-establishing-coordinated-government-wide-initiative-prom.

The EEOC enforces the nation’s laws against employment discrimination. More information is available on the EEOC’s website: www.eeoc.gov. Additional information on the federal sector EEO process can be found at www.eeoc.gov/federal/.

http://www.eeoc.gov/eeoc/newsroom/release/8-18-11a.cfm

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Supreme Court trilogy may not be class action trifecta for employers: an examination of Wal-Mart, Concepcion, and Amara

Lexology.com

EpsteinBeckerGreen

David W. Garland, Michael S. Kun, Frank C. Morris, Jr., John Houston Pope and Allen B. Roberts

USA

August 9 2011

To view this article, click here: http://www.lexology.com/library/detail.aspx?g=c6e46438-52ae-400f-8969-6340ec985908&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-08-17&utm_term=

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Federal Court Rules In EEOC’s Favor, Holding That Fired Employees Are Not Required To Return To School

U.S. Equal Employment Opportunity Commission

PRESS RELEASE8-12-11

Court Denies Company’s Attempt to Limit Damages in Religious Discrimination Lawsuit; Prevents Defense Expert from Testifying

ROCHESTER, N.Y. — Finding that employees have no obligation to go to school after they are fired, a federal court in Rochester has denied Dresser-Rand Company’s attempt to limit damages in a long-standing lawsuit between the U.S. Equal Employment Opportunity Commission (EEOC) and the company.

In 2004 the EEOC sued Dresser-Rand, a Houston-based heavy manufacturing company (Civil Action No. 04-6300-CJS in U.S. District Court for the XXX District of New York), for firing Harry Davis, a Jehovah’s Witness and a manual machine tool operator at Dresser-Rand’s Painted Post, N.Y., location, for refusing to work on a part intended for use in a submarine. In 2006 the court denied Dresser-Rand’s attempt to dismiss the EEOC’s lawsuit in its entirety, holding that the jury should decide if an accommodation that had worked in the past – allowing Davis to switch assignments with other employees – could continue.

In 2010 Dresser-Rand attempted to limit Davis’s back pay damages, arguing that he could have gone to Corning Community College for retraining as a computer machinist. On Aug. 11, 2011, the court denied the motion, holding that employees who are fired for discriminatory reasons must seek other employment, and are not required to go to school for retraining. The court said that because Davis had sought and found other employment, the fact that he did not go to school was irrelevant. The court prevented a defense expert from testifying about the fact that Davis did not go to school. A trial date has not been set.

“This decision makes the important point that an employee fired for a discriminatory reason is not required to seek retraining or additional education,” said EEOC New York Regional Attorney Elizabeth Grossman. “An employer cannot turn around and argue that its former employee somehow harmed the employer by not seeking retraining after being fired.”

“Davis did what the law requires: sought and found work with the skills he had when he was fired by Dresser-Rand,” added EEOC Senior Trial Attorney Michael J. O’Brien.

The EEOC is responsible for enforcing federal laws prohibiting discrimination. Further information about the EEOC is available at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-12-11b.cfm

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Parity in STEM Faculty

Inside Higher EdAugust 23, 2011LAS VEGAS — Numerous studies document the frustrations — personal and professional — of women who pursue science careers in higher education. Many of these women complain about unfair treatment, as well as frustrations that come with being in the minority (sometimes the extreme minority) in their departments.The National Science Foundation […]

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The Culture of Some Colleges May Foster Gender Segregation by Major, Study Finds

The Chronicle of Higher EducationAugust 22, 2011By Peter SchmidtLas VegasCertain colleges may have cultures that nudge female students into stereotypically female fields and men into stereotypically male ones, suggests a study whose findings are slated to be presented here on Tuesday at the annual conference of the American Sociological Association.Colleges that have relatively few women […]

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Executive Order–Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

The White HouseOffice of the Press SecretaryFor Immediate ReleaseAugust 18, 2011Executive Order–Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal WorkforceEXECUTIVE ORDERESTABLISHING A COORDINATED GOVERNMENT-WIDE INITIATIVE TO PROMOTE DIVERSITY AND INCLUSION IN THE FEDERAL WORKFORCEBy the authority vested in me as President by the Constitution and the laws of the United […]

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Secretary of Labor Hilda L. Solis announces $1.6 million in funding for the ‘Add Us In’ initiative

U.S. Department of LaborOffice of Disability Employment PolicyODEP News Release: [08/04/2011]Contact Name: Gloria Della or Bennett GamblePhone Number: (202) 693-8666 or x4667Release Number: 11-1141-NATWASHINGTON — Today at the National Disability Forum in Washington, Secretary of Labor Hilda L. Solis announced the availability of approximately $1.6 million in funding for the Add Us In initiative, which […]

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EEOC: 3M settles age discrimination complaint

Chron.comPublished 10:45 a.m., Monday, August 22, 2011MINNEAPOLIS (AP) — The U.S. Equal Employment Opportunity Commission says technology giant 3M has agreed to pay $3 million to several hundred former employees who accused the company of age discrimination.The EEOC sued 3M in U.S. District Court in Minneapolis on behalf of a class of former employees who […]

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$6 Million Settlement for NUMMI Workers

U.S. Equal Employment Opportunity CommissionPRESS RELEASE8-19-11Relief for Disabled Auto Workers Denied Severance BenefitsOAKLAND, Calif. – New United Motors & Manufacturing, Inc. (NUMMI), California’s last auto plant, has agreed to contribute to a $6 million settlement fund as part of a class settlement resolving complaints that the company violated federal law when it denied severance benefits […]

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President Signs Order To Promote Diversity And Inclusion In The Federal Workforce

U.S. Equal Employment Opportunity CommissionPRESS RELEASE8-18-11EEOC Chair Berrien to Help Establish Government-Wide InitiativeWASHINGTON – President Obama today signed an executive order to promote equal employment opportunity, diversity and inclusion in the federal workforce, making federal workplaces models that tap talents from all segments of society.The order directs U.S. Office of Personnel Management (OPM) Director John […]

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Supreme Court trilogy may not be class action trifecta for employers: an examination of Wal-Mart, Concepcion, and Amara

Lexology.comEpsteinBeckerGreenDavid W. Garland, Michael S. Kun, Frank C. Morris, Jr., John Houston Pope and Allen B. RobertsUSAAugust 9 2011To view this article, click here: http://www.lexology.com/library/detail.aspx?g=c6e46438-52ae-400f-8969-6340ec985908&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-08-17&utm_term=

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Federal Court Rules In EEOC’s Favor, Holding That Fired Employees Are Not Required To Return To School

U.S. Equal Employment Opportunity CommissionPRESS RELEASE8-12-11Court Denies Company’s Attempt to Limit Damages in Religious Discrimination Lawsuit; Prevents Defense Expert from TestifyingROCHESTER, N.Y. — Finding that employees have no obligation to go to school after they are fired, a federal court in Rochester has denied Dresser-Rand Company’s attempt to limit damages in a long-standing lawsuit between […]

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