P  E  R  M  E  R  I  C  A  .  C O M


Anthony David
Jill Scott



Samsung - EVO+ 32GB microSDHC Class 10 UHS-1 Memory Card - Red/White
Reg. $29.99(Save $20) On Sale $9.99 Free Shipping     BEST BUY
Read speeds up to 80MB/sec. and write speeds up to 20MB/sec.


Samsung - EVO+ 64GB microSDHC Class 10 UHS-1 Memory Card - Red/White
Reg. $49.99(Save $32) On Sale $17.99 Free Shipping     BEST BUY
Read speeds up to 80MB/sec. and write speeds up to 20MB/sec.

   November 20, 2015  ...  ACCA:  United States v. Bailey (Army)  ...   SERIOUSLY, ... THIS IS HOW YOU COULD ... DIE TODAY !  ...   Around the time many employees were leaving work for the day, appellant was driving his Chevrolet Avalanche, a five to six passenger sport utility truck, in the far right lane of a four-lane thoroughfare at Fort Gordon, Georgia. The weather was clear, the pavement dry, and the road straight and unobstructed. As he drove, appellant abruptly crossed three lanes into oncoming traffic and smashed into the driver’s side of a Dodge Durango traveling in the opposite direction. The Durango had been traveling steadily forward within the posted speed limit when it was struck by appellant. Appellant’s vehicle then deflected off the Durango, traveled over a curb, and onto the sidewalk where a group of pedestrians were walking.

      The pedestrians scrambled to move out of the way of appellant’s truck. One man, directly in the truck’s path, however, did not escape. Appellant’s vehicle struck Mr. MM – the truck’s right front tire ran over his upper body, severing his spine and crushing his vital organs; the back right tire ran over his legs. The truck proceeded to smash into a fence and came to rest on top of Mr. MM’s body, with the vehicle transmission still in drive and appellant still behind the steering wheel.

      Numerous onlookers immediately ran to assist. One witness went to the driver’s side of the truck, reached across appellant, placed the truck in park and removed the keys from the ignition. Four separate eyewitnesses present in the immediate aftermath of the event testified that appellant looked and acted as though he was high or intoxicated. Upon seeing appellant’s behavior, one witness stood next to appellant’s car door interacting with appellant and preventing him from leaving the vehicle until emergency crews arrived. “Confused,” “disoriented,” and “incoherent” were some of the words used by witnesses to describe appellant. Witnesses also testified appellant was giggling, drooling, smirking, and mumbling at the scene.   ...   COURT DECISION:   (.pdf)   (.html)

   November 19, 2015  ...  3rdCir:  Faush v. Tuesday Morning  ...   WAS HE AN EMPLOYEE FOR DISCRIMINATION CASE PURPOSES?.  ...   THE UNDERLYING DISPUTE:      Matthew Faush was employed by Labor Ready, a staffing firm that provides temporary employees to a number of clients, including closeout home-goods retailer Tuesday Morning, Inc. Over the course of a month, Labor Ready sent temporary employees to a new Tuesday Morning store in Pennsylvania overseen by store manager Keith Davis. The temporary employees were asked to unload merchandise, set up display shelves, and stock merchandise on the shelves in preparation for the store’s opening the following month. Faush was assigned to the store for ten days; each day, he generally worked for eight hours with nine other temporary employees.      Faush alleges in his complaint that when he and other African-American temporary employees were working at the Tuesday Morning store, Davis accused them of stealing two eyeliner pens, insisting that “[his] people wouldn’t do that.” A few days later, the store owner’s mother told Faush and two other African-American temporary employees to work in the back of the store with the garbage until it was time to leave. When Faush and his coworkers went to speak with Davis, a white employee blocked their path and referred to them using a racial slur. Davis refused to hear their complaints regarding the slur. Instead, he informed them that he would not let them on the floor because an alarm had been triggered and he was concerned about loss prevention. Faush alleges that he and his African-American coworkers were “terminated,” but his complaint provides no further detail.      Faush filed suit against Tuesday Morning in federal court for racial discrimination.  ...   COURT DECISION:   (.pdf)   (.html)

   November 17, 2015  ...  MSPB:  Kitlinski v. Justice  ...   DEA SPECIAL AGENT DONE WRONG ?   ...   The appellant serves as a Supervisory Special Agent with the Drug Enforcement Administration (DEA or agency), and was on a full-time active duty assignment with the U.S. Coast Guard in Washington, D.C., during the time relevant to this appeal.      The appellant filed the instant USERRA appeal alleging discrimination, a hostile work environment, and retaliation based upon his exercise of rights under USERRA.  ...   MSPB DECISION:   (.pdf)   (.html)

   November 11, 2015  ...  CCA:  Jumaane v. Los Angeles  ...   IT IS A DAMNED SHAME ... EVEN WHEN A PERSON WINS A DISCRIMINATION CASE, THE RACIST COURT STEALS THE VICTORY FURTHER UP THE ROAD.  ...   Plaintiff, an African-American, has been employed with the City through his work with the Los Angeles Fire Department (Department) since 1986. He sued the City ... alleging racial discrimination, racial harassment, and retaliation. At the first trial, the jury rendered a verdict in favor of the City on all causes of action. The trial court granted plaintiff’s motion for new trial based on juror misconduct, and we affirmed ...      The case was retried over the course of 34 court days between September 23 and November 25, 2013. At the end of the second trial, the jury found for plaintiff on the causes of action for race discrimination based on a disparate impact theory, race harassment, retaliation for complaining about discrimination and harassment, and failure to prevent discrimination, harassment or retaliation.  ...   COURT DECISION:   (.pdf)   (.html)

   November 3, 2015  ...  MSPB:  Ayers v. Army  ...   CHARGE: Removed Her Based On 25 Specifications Of Conduct Unbecoming A Federal Civilian Employee.   ...   The appellant was formerly employed as a Diagnostic Radiologic Technologist (Mammography), GS-0647-08, at the agency’s Reynolds Army Community Hospital (RACH), Department of Radiology, Diagnostic Service, in Fort Sill, Oklahoma. On February 21, 2012, the agency proposed to remove her based on 25 specifications of Conduct Unbecoming a Federal Civilian Employee. The appellant responded in writing, and on April 5, 2012, the agency issued a decision letter effecting her removal that same day.

     The agency has filed a petition for review of the initial decision, which reversed the appellant’s removal. .  ...   MSPB DECISION:   (.pdf)   (.html)

   November 2, 2015  ...  OCA:  Arnold v. Burger King  ...   ALLEGED RAPE ON THE JOB and MANDATORY ARBITRATION AGREEMENT.   ...   This employment dispute arises from the alleged rape of Arnold by her supervisor in the men’s bathroom at a Burger King restaurant during working hours. She subsequently filed suit alleging the rape and that she was harassed and sexually abused by her supervisor over a period of time.       She further alleged that on July 21, 2012, as she “was cleaning the restrooms as part of her duties as an employee” of the defendants, Matthews followed her, grabbed her, “pushed her against the door, and forced her to give him oral sex.” Arnold presented six (6) causes of action against the defendants collectively: (1) sexual harassment; (2) respondent superior/negligent retention; (3) emotional distress; (4) assault; (5) intentional tort; and (6) employment discrimination.  ...   COURT DECISION:   (.pdf)   (.html)

   November 2, 2015  ...  MSPB:  Fushikoshi v. Agriculture  ...   THE CHARGES: (1) Failed To Report For Duty As Scheduled AND (2) Failed To Report For Overtime   ...   The appellant is a GS-11 Plant Production and Quarantine Officer with the agency, stationed at the Kahului Airport in Hawaii.      The agency proposed to suspend the appellant for 30 days based upon three specifications of improper conduct.      Specification one alleged that, on September 10, 2013, the appellant failed to report for duty as scheduled and was absent without leave (AWOL) for 8 hours.     Specification two alleged that on October 6, 2013, the appellant failed to report for a 5-hour overtime assignment.      Specification three alleged that on February 8, 2014, the appellant was AWOL for 45 minutes when he failed to report for duty until a supervisor telephoned him and reminded him that he only had requested leave for a later part of the day.   ...   MSPB DECISION:   (.pdf)   (.html)

   November 2, 2015  ...  MSPB:  Boo v. Homeland  ...   THE CHARGES: (1) Misrepresentation AND (2) Undermining Required Security Procedures   ...   The agency removed the appellant from employment with the Transportation Security Administration on two charges of misconduct: misrepresentation and undermining required security procedures. The assigned administrative judge sustained the appellant’s removal; on petition for review, the Board vacated the initial decision in part, did not sustain the charge of misrepresentation, and mitigated the penalty to a 30-day suspension.   ...   MSPB DECISION:   (.pdf)   (.html)

   October 7, 2015  ...  7Th Cir:  LuzMaria Arroyo  v. Volvo  ...   A REVERSAL OF FORTUNE.  ...   LuzMaria Arroyo is an Army Reservist and veteran who suffers from post-traumatic stress disorder (“PTSD”). She worked for Volvo Group North America, LLC, d/b/a Volvo Parts North America (“Volvo”) from June 2005 until she was fired in November 2011. Volvo says it fired her for violations of its attendance policy, but Arroyo claims the real reason was discrimination on the basis of her military service and her disability.        We now reverse the district court’s order with respect to Arroyo’s discrimination claims under USERRA and the ADA because Arroyo has raised genuine, material factual issues that should be resolved at trial. We also vacate the district court’s award of Volvo’s costs. In all other respects, however, we affirm the judgment of the district court. .  ...   COURT DECISION:   (.pdf)   (.html)

   September 29, 2015  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION: INAPPROPRIATE USE OF POSITION AND MISUSE OF RELOCATION PROGRAM AND INCENTIVES.   Ms. Diana Rubens was reassigned from her position as Deputy Under Secretary for Field Operations to the position of Director, Philadelphia and Wilmington VA Regional Offices (VAROs)1, effective June 1, 2014. VA paid $274,019.12 related to Ms. Rubens’ Permanent Change of Station (PCS) move. Although we determined the PCS relocation expenses paid for Ms. Rubens’ move were generally allowable under Federal and VA policy, we found that Ms. Rubens inappropriately used her position of authority for personal and financial benefit when she participated personally and substantially in creating the Philadelphia VARO vacancy and then volunteering for the vacancy.   Summary  ...  Full Report (.pdf)

   September 29, 2015  ...  N.M.C.C.A.:  United States v. Clark  ...   WEIRD CASE ... HIS RAPE CONVICTION WAS OVERTURNED ... BUT THEY WONT LET HIM OUT OF PRISON.  ...   A military judge sitting as a general court-martial convicted the petitioner, contrary to his pleas, of rape and forcible sodomy in violation of Articles 120 and 125, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 925. The military judge sentenced the appellant to seven years’ confinement, reduction to pay grade E-1, and a dishonorable discharge. The convening authority (CA) approved the sentence as adjudged.      On 14 July 2015, a panel of this court issued a decision finding the petitioner’s convictions factually insufficient and thus set aside the findings and sentence and dismissed the charges with prejudice. United States v. Clark, 2015 CCA LEXIS 287, unpublished op. (N.M.Ct.Crim.App. 14 Jul 2015) (per curiam)..  ...   COURT DECISION:   (.pdf)   (.html)   ...    EXTENDED LEGAL DISCUSSION OF THIS ODD CASE.

   September 10, 2015     EXCUSE OUR DUST ... PERMERICA IS BECOMING MORE SMARTPHONE FRIENDLY   ...   The decision area above was recently reconfigured to fit most smartphones. The top menu will return soon. Thanks

   September 10, 2015  ...  MSPB:  Sawyer v. Air Force  ...   WHEN WILL THESE ABUSIVE SECURITY CLEARANCE CASES END ?   ...   The agency removed the appellant from his GS-1102-07 Contract Specialist position, effective January 14, 2012, based on the final revocation of his security clearance and eligibility for assignment to a sensitive position.     The appellant filed an appeal with the Board regarding his removal.     He asserted that: (1) his position did not require a security clearance or eligibility for assignment to sensitive duties; (2) the agency was required to reassign him to a nonsensitive position, rather than remove him; and (3) the agency failed to afford him an opportunity to reply to its proposal notice, which constituted harmful error and a due process violation. .  ...   MSPB DECISION:   (.pdf)   (.html)

   September 2, 2015  ...  D.C. Circuit:  Shelby County, Alabama  v. Loretta E. Lynch  ...   NOW THEY SEEK ATTORNEY FEES TO FURTHER THEIR RACIST WAYS.  ...   Shelby County, Alabama, prevailed in a challenge to the constitutionality of section 4 of the Voting Rights Act of 1965 (VRA) and now seeks attorneys’ fees from the Government under the Act’s fee-shifting provision. The district court found that Shelby County was not entitled to receive fees because its victory did not advance any of the goals Congress meant to promote by making fees available.        In the aftermath of the Civil War, the Nation ratified the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution in an effort to stamp out the race-based forms of legal oppression that the states had imposed throughout the first century of the Republic. These amendments worked a profound change by sweeping away the most appalling forms of legal subjugation that had defined the pre-Civil War era.        Black Americans now held the sovereign franchise and were entitled to equal treatment under the law.        But racial prejudice is not only insidious, it is resilient. The serpent of state- sponsored racism remained in the garden and “the blight of racial discrimination” simply switched its focus to a new battleground and “infected the electoral process” that black citizens had only begun to enter.       Almost as soon as Reconstruction ended, a number of states adopted a variety of devices to suppress the newly established franchise of black citizens. Id. at 310. Literacy tests, grandfather clauses, poll taxes, and property qualifications prevented black Americans from voting at all.   ...   COURT DECISION:   (.pdf)   (.html)

   September 1, 2015  ...  MSPB:  Ferris v. Navy  ...   REMOVAL WAS NOT A REASONABLE ?     NO NEXUS BETWEEN THE CHARGED MISCONDUCT AND THE EFFICIENCY OF THE SERVICE.   ...   The agency removed the appellant from his position as a GS-7 Supervisory Police Officer based on two specifications of Conduct Unbecoming a Supervisor.      The agency alleged that the results of an investigation revealed that, on two occasions, the appellant made inappropriate comments to a female Master-at-Arms.      In effecting the appellant’s removal, the agency considered his suspension for 14 days during the previous year based on three incidents of Conduct Unbecoming a Supervisor.      On appeal, the appellant denied making the remarks attributed to him, and argued that there was no nexus between the charged misconduct and the efficiency of the service and that removal was not a reasonable penalty.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 24, 2015  ...  MSPB:  Alarid v. Army  ...   REMOVED POLICE OFFICER FOR CONSPIRACY TO DISTRIBUTE A FEDERAL POLICE BADGE AND ID CARD.   ...   The appellant served as a Police Officer at all times relevant to this appeal.      The agency removed the appellant from Federal service based on two charges of misconduct: conspiracy to purchase and distribute an unauthorized Federal police badge; and manufacture and distribution of an unauthorized Federal police identification card.      The appellant filed a timely appeal of his removal and raised an affirmative defense of reprisal based upon his participation in union activity.      In his prehearing submission, moreover, the appellant raised affirmative defenses of retaliation for whistleblowing and a due process violation.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 21, 2015  ...  VAOIG:  VA OIT HEAD USED AND ALLOWED THE USE OF AN UNSAFE AND UNSUCURE OUTSIDE SOCIAL NETWORKING WEBSITE FOR VA EMPLOYEES.   Yannner is "a private social networking service for businesses ... “lets companies create their own social network site for employees as well as customers.      We substantiated that VA employees improperly used, a Web-based collaboration technology, which was not approved or monitored as required by VA policy. Further, we found that it had vulnerable security features, recurring website malfunctions, and users engaged in a misuse of time and resources.   Summary  ...  Full Report (.pdf)

   August 20, 2015  ...  DcDC:  Elzeneiny v. District Of Columbia  ...   IS SHE A VICTIM OR SOMEONE TRYING TO PIMP THE SYSTEM ?   ...   The Plaintiff worked as a Budget Analyst for the District of Columbia’s Office of Budget and Planning in its Office of the Chief Financial Officer.      Shortly after she began, she informed the Office that she suffered from fibromyalgia, a condition that causes muscle and joint pain, as well as chronic fatigue. In the years that followed, she requested a variety of accommodations from her employer, such as the ability to work on a flexible schedule. The District agreed to nearly all of her requests.      Plaintiff nonetheless complains that months (and, in one instance, even years) often passed before it did so.      She also alleges that ... .  ...   COURT DECISION:   (.pdf)   (.html)

   August 20, 2015  ...  MSPB:  Barnes v. MSPB  ...   BECAUSE THE BOARD (MSPB) ABUSED ITS DISCRETION IN REACHING THIS DECISION, WE REVERSE. .   ...   Barnes was a police officer with the Pentagon Force Protection Agency (“PFPA” or “the agency”) at the Department of Defense.     The agency removed him from that position effective February 8, 2013, based on a charge of “Conduct Unbecoming a PFPA Police Officer.”     Barnes appealed his removal to the Board. After holding a hearing, the administrative judge (“AJ”) issued an initial decision affirming the agency’s removal action.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 18, 2015  ...  COURT:  Drasek v. FDA (Burwell, Civil Action)  ...   DID FDA TERMINATE HER EMPLOYMENT BECAUSE OF HER DISABILITY ?   ...   The United States Food and Drug Administration (“FDA”) fired Plaintiff Susan Von Drasek from her job as an FDA chemist, after repeated warnings about her unsatisfactory performance.      Von Drasek has bipolar disorder, and she has brought the instant action against the FDA under the Rehabilitation Act of 1973, ... , claiming that her discharge violates that statute.      Von Drasek’s complaint makes three specific claims: (1) that the FDA failed to accommodate her disability; (2) that the FDA intentionally discriminated against her by terminating her employment because of her disability; and (3) that the FDA discharged her in retaliation for her request for accommodations.  ...   COURT DECISION:   (.pdf)   (.html)

   August 18, 2015  ...  DcDC:  Ames v. Napolitano  ...   SHE WAS MOVED OUT OF HER SECURITY CLEARANCE PROCESSING CHIEF POSITION.  ...   Plaintiff Harriett Ames is an African-American woman and the former Chief of the Personnel Security Branch at the Federal Emergency Management Agency (“FEMA”), an agency within the Department of Homeland Security (“DHS”).      The Personnel Security Branch is a component of the Program Protection Division, which itself is a component of the Office of the Chief Security Officer of FEMA.      As the head of the Personnel Security Branch, Ames was responsible for “adjudicating [security] clearances of employees and prospective employees” within the Office of the Chief Security Officer.           On July 22, 2011, agency management “barred” Plaintiff and her branch from adjudicating security clearances.      Ames was not given a reason for the decision at the time, but according to an internal agency report prepared after an investigation into Ames’ claims of racial discrimination [hereinafter “Final Agency Decision”], she was suspended from processing security clearances because the “Agency learned that [Plaintiff] had served as both the adjudicator and character reference for one of the individuals that [she] was adjudicating and had supposedly cleared.”  ...   COURT DECISION:   (.pdf)   (.html)

   August 13, 2015  ...  MSPB:  Gumbs v. HHS  ...   REMOVAL BASED ON THE CHARGES OF FAILING TO MAINTAIN A VALID MEDICAL LICENSE AND PRACTICING MEDICINE WITHOUT A VALID LICENSE.   ...   Dr. Jaime Gumbs appeals from a final order of the Merit Systems Protection Board (Board) which adopted the initial decision of an administrative judge and sus- tained Dr. Gumbs’ removal from the Indian Health Ser- vice, Pawnee Health Center (agency) based on the charges of failing to maintain a valid medical license and practic- ing medicine without a valid license.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 12, 2015  ...  TECH:  ANOTHER GREAT SURFACE 3 REVIEW:      Surface 3: My best purchase of 2015 (hands on).  ( )        Read Comments.  

   August 12, 2015  ...  NEWS:  TO JEB W. BUSH: ONLY A CERTIFIED "PSYCHOPATH" COULD HAVE GIVEN THAT SPEECH LAST NIGHT.  Your Father and Brother Started Three (3) Unnecessary Wars.  ...  Over five (5) million people have died as a direct result of actions by your father and brother.   ...   Billions, and Billions, and Billions and Trillions of US Taxpayer Dollars Wasted By Your Irresponsible Family.   ...  Your Brother Brought The United States And The Entire World To The Brink Of Total Financial Collapse.  ...   And You Got The Nerve To Lift Your Finger And Point At President Obama And Hillary.  ...   You Are One Sick Puppy.      Get Some Help And Soon !

   August, 2015  ...  TECH:  WINDOWS 10: How To Maximize Privacy And Minimize What Microsoft Collects About You.  (        A WEEK WITH WINDOWS 10: The Good, the Bad, the Ugly.  (

   August 11, 2015  ...  5th Cir:  Burton v. Freescale  ...   SHE ALLEGED DISCRIMINATORY TERMINATION AND RETALIATORY TERMINATION BASED ON HER FILING OF A WORKERS’ COMPENSATION CLAIM.  ...   Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency.      Beginning in 2009, Burton worked for Freescale as one such “temp” employee.      In 2009 and 2010, Burton received generally positive-to- neutral performance reviews.      In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the platform upon which microchips are seated during construction. The incident was reported and documented, and Burton received counselling from a Manpower supervisor, Jerry Rivera.      Then, on March 1, Burton inhaled chemical fumes while on the job. Nothing came of the incident initially, but on April 12, she reported chest pains at work and was ultimately attended to by the company medical department and then EMS. Due to heart palpitations, she visited the emergency room on May 9 and 17. In mid-June, Burton came to believe that her health condition was caused by the exposure to fumes.      She notified Freescale and then, a day later, Manpower. These reports effected the filing of a workers’ compensation claim.      Roughly two weeks later, in “late June-ish,” Freescale’s Bruce Akroyd decided to terminate Burton. According to Akroyd, a June 28th incident where Burton was caught using the Internet represented the “final” straw.  ...   COURT DECISION:   (.pdf)   (.html)

   August 7, 2015  ...  MSPB:  Rainey v. State  ...   FOR REFUSING TO OBEY AN ORDER THAT WOULD REQUIRE THE INDIVIDUAL TO VIOLATE A LAW.   ...   The appellant holds the position of Program Director for the agency’s Bureau of African Affairs.      He filed this IRA appeal, alleging that he was the victim of prohibited personnel practices.      Specifically, the appellant asserted that the agency violated 5 U.S.C. § 2302(b)(9)(D), which protects employees from retaliation “for refusing to obey an order that would require the individual to violate a law.” 5 U.S.C. § 2302(b)(9)(D).      He alleged that the agency improperly stripped him of particular job duties and gave him a subpar performance rating for disobeying an order that would have required that he violate ... [two laws] .   ...   MSPB DECISION:   (.pdf)   (.html)

   August 6, 2015  ...  MSPB:  Wilson v. Navy  ...   HE ALSO ALLEGED BELOW THAT THE REVOCATION OF HIS SECURITY CLEARANCE WAS DESIGNED TO PREVENT HIM FROM COMPETING FOR A GS-15 POSITION AND, THEREFORE, CONSTITUTED A PROHIBITED PERSONNEL PRACTICE.   ...   Effective September 20, 2014, the agency removed the appellant from his position as a Resource Analyst, GS-14, based on the revocation of his security clearance. The appellant filed an appeal with the Board regarding his removal and requested a hearing.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 4, 2015  ...  MSPB:  MCCOOK v. HUD  ...   THEY GOT ME ON A TECHNICALITY: STALKING, MAKING CRIMINAL THREATS, AND COMPUTER ACCESS FRAUD.   ...   The agency removed the appellant from his position as an Underwriter, GS-1101-12, based on his guilty pleas and agreement with the District Attorney of San Bernardino, California. The appellant pled guilty to three felony counts of stalking, two felony counts of making criminal threats, and one felony count of computer access fraud. The appellant appealed his removal.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 4, 2015  ...  2d Cir:  Littlejohn v. New York  ...   WAS SHE SUBJECTED TO A HOSTILE WORK ENVIRONMENT AND DISPARATE TREATMENT BASED ON HER RACE ?  ...   Littlejohn alleged that, while employed by the New York City Administration for Children’s Services (“ACS”), she was subjected to a hostile work environment and disparate treatment based on her race, and retaliated against because of complaints about such discrimination, in violation of Title VII of the Civil Rights Act of 1964 ... .           Littlejohn also alleged that she was sexually harassed in violation of Title VII.  ...   COURT DECISION:   (.pdf)   (.html)

   August 3, 2015  ...  TECH:  REVIEW: I BOUGHT THE CHUCK II HI-TOPS AND YOU SHOULD TOO.   - would this upgraded design improve the walking experience?    Yes, it does. It really, really does.    TheVerge .. Read Comments Too

   July 30, 2015  ...  MSPB:  Perez v. VA  ...   IS THIS VA NURSE A VICTIM -OR- IS SHE JUST CLUELESS ?    IF YOU DON'T GET IT, YOU DON'T GET IT   ...   Effective February 9, 2014, the agency appointed the appellant, a nonpreference eligible, to a GS-5 Nursing Assistant position at its Veterans Affairs Medical Center in Tampa, Florida.           The appellant’s appointment was made under 38 U.S.C. § 7401(3) and was in the excepted service. She was subject to a 1-year “Initial Probationary/Trial Period.” Effective February 6, 2015, the agency terminated the appellant for improper conduct.           The appellant asserted that she had completed her trial period and therefore met the definition of employee under 5 U.S.C. § 7511 because she was terminated at the end of the work day on Friday, February 6, 2015, before her trial period ended on the following Monday, February 9, 2015.  ...   MSPB DECISION:   (.pdf)   (.html)

   July 28, 2015  ...  MSPB:  Davis v. Navy  ...   THIS AGENCY IS GUILTY OF GIVING THIS GUY TW0 (2) SUSPENSIONS TOO MANY BEFORE REMOVING HIM.      A WASTE OF GOV'T TIME & MONEY.   ...   The appellant, a GS-5 Police Officer, filed a formal equal employment opportunity (EEO) complaint in 2008 based on perceived disability.           On October 18, 2010, the agency issued a decision suspending the appellant for 3 days based on five specifications of inappropriate behavior.           On January 31, 2011, the agency issued the appellant a second 3-day suspension based on four specifications of inappropriate conduct.           On April 18, 2012, the agency issued the appellant a 10-day suspension based on two specifications of inappropriate conduct.           And, on May 24, 2011, the agency issued the appellant a 14-day suspension based on two specifications of inappropriate conduct.           Effective October 19, 2011, the agency removed the appellant based on two specifications of inappropriate language and/or disrespectful comments towards senior and/or supervisory police personnel and three specifications of refusing to follow requests and/or orders given by senior and/or supervisory police personnel.           In effecting the action, the agency considered the appellant’s past record as described above.           On appeal, the appellant raised as affirmative defenses retaliation for engaging in protected EEO and grievance activity, reprisal for whistleblowing, disability discrimination based on perceived disability, and harmful error.  ...   MSPB DECISION:   (.pdf)   (.html)

   July 24, 2015  ...  TECH:  MICROSOFT SURACE 3 TABLET ( 4G LTE ) ...    Today, AT&T Becomes First U.S. Carrier to Offer 4G LTE Microsoft Surface 3. AT&T


   July 23, 2015  ...  9th Cir:  Gage v. Chappell  ...   360 DEGREES OF SEXUAL PERVERSION     SENTENCED TO 70 YEARS’ IMPRISONMENT.     IS HE INNOCENT OR GUILTY?     HER MOTHER DESCRIBED HER DAUGHTER TO AS “A PATHOLOGICAL LIAR [WHO] LIVES HER LIES”     A DISTURBING CASE:  ...   In 1985, while living in Texas, Gage met Wanda, a mother of two children, Marian and Lionel. Gage and Wanda moved in together and were married in 1990. Marian was then nine years old and Lionel was seven. The family moved to California in 1993.        The marriage ended two year later when Wanda learned that Gage had pursued an affair with another woman that resulted in a child.        Several years after the split, in 1998, Marian told Wanda that Gage had sexually abused her while they were living in California.        Gage was subsequently charged and convicted on several sexual abuse of a child charges.        Gage appealed his conviction.        After reviewing the acuser's, Marian, medical records in camera [in private], the court granted the motion for a new trial and vacated Gage’s convictions. The trial court concluded that the testimony of the victim and her mother was not credible, leaving insufficient evidence to support the jury’s verdict. The court explained that it had harbored doubts about the veracity of Marian’s testimony during trial because it “appeared to be contrived.” The court then concluded that evidence in the medical records rendered Marian’s testimony an insufficient basis for conviction as a matter of law. Several items in the medical records grounded this conclusion: (1) Wanda apparently described Marian to a mental health professional as “a pathological liar [who] lives her lies”; (2) Marian’s accusations followed a large fight with her mother after Wanda caused Marian’s then-boyfriend to be sent to prison; and (3) Marian made only fleeting references to having been sexually abused during the course of her psychological treatment.        The State appealed to the California Court of Appeal, which reinstated the conviction. It held that the trial court improperly relied on the medical records, which were never before the jury, in granting the new trial.        The Court of Appeal also directed that the matter be reassigned. A new judge sentenced Gage to 70 years’ imprisonment.  ...   COURT DECISION:   (.pdf)   (.html)

   July 23, 2015  ...  CATx:  Shannon v. MDP Church  ...   IT'S ODD HOW CHURCHES OFTEN GET AWAY WITH ILLEGALITIES IN THE NAME OF THE LORD.  ...   Shannon was dismissed from her position as Elementary Ministries Director at the Church. She sent a demand letter to the Church asserting that she had been terminated for making allegations of sexual harassment against an elder of the Church. Shannon and the Church subsequently signed a “Confidential Separation Agreement and Release.” The Church paid Shannon $25,000 and agreed that she could “classify the end of th[e] employment relationship as a resignation, rather than a termination . . . for purposes of . . . future employment offers.”          Shannon subsequently was hired as a fund-raiser. Following up on a rumor, Shannon's new employer made contact with an official at her former employer, Dave Steane, Executive Pastor at the Church, who stated that ... “that it would be difficult for [Shannon] to carry out her duties [to raise funds from the Church]” or from “anywhere in Houston.” The Seminary terminated Shannon’s employment because she purportedly misrepresented the circumstances surrounding her departure from the Church and based on its concern that she would not be able to solicit donations for the Seminary.          Shannon sued the Church, bringing claims for breach of contract, intentional infliction of emotional distress, libel and slander, and fraudulent inducement.  ...   COURT DECISION:   (.pdf)   (.html)

   July 22, 2015  ...  In The USA: SANDRA BLAND CASE ... OFFICER: you look agitated: ... SANDRA THINKING: are you serious, officer ?    ...    you've been following me for the past ... miles,    ...    and now you've pulled me over for some bogus reason     ...     and you're surprised that i appear to be nervous, scared, agitated.     ...     are you serious !

   July 22, 2015  ...  In The USA: SANDRA BLAND CASE ... HE'D BEEN FOLLOWING HER FOR SOMETIME.  ...  like he may have already known who she was ... like maybe he was waiting for her to do something, any little thing, to give him a plausible excuse to pull he over.    ...    hope the investigators take look at all his phone calls private/personal    ...    and his web/internet history     ...     alcohol/drug use     ...     for the two week period prior to the incident.

   July 21, 2015  ...  TECH: MICROSOFT'S WINDOWS 10 IS THE GREATEST AND MOST INOVATIVE COMPUTER OPERATING SYSTEM EVER MADE. (PERIOD)   Years ago, when tablets were starting to take hold, I remember thinking: wouldn't it be nice if I could use tablet apps on my personal computer. Microsoft first responded with a "Widgets" layer. That was great, but the widgets were extremely limited in function. Then one day I learned that Microsoft was in the process of combining the tradition windows desktop computer with some tablet features, specifically tablet apps. I thought that was great. I applauded Microsoft for their forward thinking. But I was alone. Most people attacked Microsoft mercilessly. They said that Windows 7 was great but Windows 8 was pure junk. As a user of Windows 8, I never could understand most of the complaints. I viewed windows 8 as basically two computers in one (2 in 1). A desktop computer and a tablet. The windows desktop computer was a much, much, much improved update of the Windows 7 desktop operation system. And the tablet side of Windows 8 (metro) was a bonus.   ...   All the critics starting attaching Microsoft.   ...   "Windows 8 sucks".   ...   "Windows 8 is not a good as Android or iPad".   ...   I was confused. ... So you want me to believe that a tablet that cannot run any traditional computer programs, is better than a computer that can run both computer programs and tablet apps?   ...   I didn't get it, and still don't.   ...   Through the constant, nasty and vicious attacks, comments and complaints, Microsoft kept moving forward.   ...   Windows 8.1 was a great improvement over Windows 8.   ...   Now comes Windows 10.   ...   And now the American hating critics are ready to pounce, again.   ...   Don't be stupid.   ...  Be proud of Microsoft's great American ingenuity and tenacity.   ...   Just remember, with Windows 10 you get two computers in one.   ...   So pay close attention next week.    Check out the great Microsoft Surface and Surface Pro computer/tablet models.   ...   Also, keep an eye out for the new Windows 10 computers and tablets that will be introduced by Microsoft partners, Dell, Lenovo, HP, Acer, Sony, etc.   ...   Thank You Microsoft.   ...   Keep up the great trailblazing work.

   July 20, 2015  ...  TECH:  SHOUT OUT TO TARGET ... THE NEW TARGET STORE ELECTRONICS DEPARTMENT REMODEL IS EXCELLENT.   The person or team responsible for Target's electronic section remodel should be given a design award.   A Real Class Act.   A Beautiful Class Act.

   July 20, 2015  ...  OPINION:  ...   MANY, MANY, MANY, NOT ALL, VETERANS PRETTY MUCH FEEL THE SAME ABOUT SKIPPY MCDOUGLE AS SIDESHOW BOB.  ...  This is basically the story I heard a long time ago.  There was this young Fuss-Up named Skippy.  ...  Skippy's father was a high ranking Navy officer.  ...  And even though Skippy was a Fuss-Up, and not qualified to fly Navy jets, his father's clout and buddies and connections, by some miracle got Skippy through flight school.  ...  The Navy wings didn't stop Skippy from being the Fuss-Up he'd always been.  ...  One day while out flying, Skippy was captured by the enemy.  ...  Many vets feel that Skippy's capture was a direct result of his incompetence.  ...   Most veterans do not feel that Skippy is a Hero of any kind.  ...  They just call him a Hero as a kind gesture.   ...  The problem is that Skippy actually believes that he is a Hero, because he got captured by the enemy.  ...   As a member of the US Congress, Skippy represents himself as a great military expert.  ...   In reality, he is the same Fuss-up he's always been. ... ... ... Always wanting to go to war, go to war, go to war.   ...   Many veterans and others feel that Old Skippy is directly responsible for the deaths of millions of people around the world do to him constantly urging presidents and congress to go to war, war, war, war, war.   ...   The whole Syria mess is a direct result of The President listening to Skippy McDougle urging a sure thing easy mission. ... ... ... Hundreds of thousand Syrian's dead. Millions displaced. All because of the Fuss-Up, Skippy McDougle. The same is true for the instability in Libya and the Ukraine.   ...   Dear Skippy:   If you had any real dignity, you would stop urging war, war, war. ... ... All your warmongering doesn't make you any more heroic than you already "Are Not."   Like Sideshow Bob said, you are no hero. ... Just a pathetic old man who gets his jollies from killing, hundreds and thousands and millions of people around the world.   ...   To be fair, you are not the young Fuss-Up you used to be.    Now, you are an old one.

   July 17, 2015  ...  A.F.C.C.A:  United States v. Novy  ...   AS A WOMAN, I WAS SELECTIVELY (NOT RANDOMLY) SELECTED TO PROVIDE A URINE SAMPLE FOR TESTING AND SELECTIVELY PROSECUTED.  ...   The appellant, commander of the base mental health flight with over 17 years of Air Force and Army service, was randomly selected to provide a urine sample for testing pursuant to the Air Force’s Drug Demand Reduction Program. Her sample tested positive for tetrahydrocannabinol, a metabolite of marijuana. This court-martial followed.      A general court-martial composed of officer members convicted the appellant, contrary to her plea, of one specification of wrongfully using marijuana in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. The adjudged and approved sentence consisted of a dismissal and a reprimand.      The appellant argues that (1) she was selectively prosecuted, (2) the court-martial lacked jurisdiction because women were improperly excluded from the panel, (3) court-martial verdicts that do not require unanimity violate due process, (4) the military judge erred by allowing trial counsel to ask a voir dire question not reasonably calculated to elicit potential bias, and (5) the evidence is legally and factually insufficient to sustain the conviction.  ...   COURT DECISION:   (.pdf)   (.html)

   July 14, 2015  ...  MSPB:  Ryan v. DHS  ...   HOMELAND AND DEFENSE REALLY ABUSE THEIR AUTHORITY IN THESE SECURITY CLEARANCE CASES  ...  HATE IT.   ...   Ms. Ryan was employed as a regional Mission Sup- port Division Director, level GS-15, by the Federal Emergency Management Agency (“the agency” or “FEMA”), an agency within the Department of Homeland Security (“DHS”). The position required her to maintain a top secret security clearance. The agency suspended Ms. Ryan’s access to classified information after it learned she had been indicted on federal criminal charges related to conflict of interest, solicitation of a gratuity, and making a false statement. Because she no longer met the requirements of the position, FEMA indefinitely suspended her from duty without pay “until such time as a final determination is made by the FEMA Office of the Chief Security Officer (OCSO) with respect to [her] future eligibility for access to classified information.”          Ms. Ryan appealed the indefinite suspension to the MSPB. Although Ms. Ryan was acquitted of all criminal charges in February 2013, the MSPB Administrative Judge (“AJ”) found she was not entitled to an immediate termination of the indefinite suspension from duty because “the indefinite suspension was based upon the suspension of her clearance and not the underlying reasons for the suspension of the clearance (the indictment).”  ...   MSPB DECISION:   (.pdf)   (.html)

   July 8, 2015  ...  MSPB:  Webster v. Energy  ...   BEFORE HER REMOVAL, THE APPELLANT WAS EMPLOYED AS A GS-13 ATTORNEY.   ...   The appellant was employed as a GS-13 Attorney-Examiner with the agency’s Office of Hearings and Appeals (OHA). On March 14, 2012, the agency proposed the appellant’s removal based on charges of inappropriate conduct and failure to follow supervisory instructions.      The agency informed the appellant that, in deciding to propose her removal, it had considered her prior discipline, specifically: (1) a 1-day suspension issued on February 24, 2010, for three incidents of misconduct from August 2009, through January 2010; (2) a 5-day suspension issued on May 21 2010, for inappropriate conduct towards her former supervisor on March 16, and April 6, 2010, and failure to follow instructions set forth in a March 16, 2010 counseling memorandum; and (3) a 14-day suspension issued on October 21, 2011, for disrespectful and argumentative behavior towards J.F. on March 2, and April 20, 2011. The appellant did not respond to the notice of proposed removal.      The deciding official sustained both charges      MSPB DECISION:   (.pdf)   (.html)

   July 7, 2015  ...  TECH:  ...   HOT. HOT, HOT  ...  64GB MICROSD CARD  $19.57  ...   Walmart has 64GB Samsung EVO Class 10 microSD Card w/ Adapter (MB-MP64DAT/WMT) on sale for $19.57. Store pickup is free, otherwise shipping is free on orders $50+. .   Walmart   ..   DISCUSSION (

   July 7, 2015  ...  MSPB:  Herman v. Justice  ...   THE HUMAN RESOURCE EXAMINER ALLEGED THAT JUSTICE RETALIATED.   ...   The appellant is a GS–13 Human Resource Management Examiner with the agency’s Bureau of Prisons. In that position, he reviews and evaluates programs at each of the agency’s 116 correctional facilities and its central Human Resources Department.      The appellant alleged that he made the following disclosures protected under the Whistleblower Protection Act (WPA): (1) ... (2) ... (3) ... The appellant alleged that, in retaliation for his alleged protected disclosures, the agency took the following personnel actions: (1) issued him two letters of counseling; (2) gave him an unfavorable mid-year performance review; and (3) reassigned him to a different position.      The administrative judge dismissed the appeal for lack of jurisdiction.  ...   MSPB DECISION:   (.pdf)   (.html)

   July 6, 2015  ...  Sports:  ...   TEAM USA WOMEN SQUASH JAPAN IN WORLD CUP FINAL  ...   The FIFA Women's World Cup soccer championship was held between the United States and Japan in Vancouver on Sunday. The U.S. won 5-2.   NBC Sports

   July 2, 2015  ...  MSPB:  Jones v. Justice  ...   DID THE FBI REALLY TERMINATE THE BLACK GUY FOR BEING A CONSTANTLY COMPLAINING PAIN IN THE ASK ?   ...   Starting in August 2011, Mr. Jones was employed by FBI as a Supervisory Contract Specialist and was assigned to work at DOJ. Mr. Jones believed that he was promised a financial incentive—a pay-match based on a private sector job offer—to come work for FBI. After he had already begun working for FBI, however, Mr. Jones was informed that he was not entitled to matching pay.          Mr. Jones' employment was terminated effective August 24, 2012 for failure to meet FBI suitability standards.          Before MSPB, Mr. Jones argued that (1) he was entitled to appeal his termination to MSPB because his prior military service qualified him as preference-eligible and (2) his prior federal service with another agency meant that he was not a probationary employee and, therefore, had appeal rights as a regular employee.   ...   MSPB DECISION:   (.pdf)   (.html)

   July 01, 2015  ...  CORPWATCH:  ...   EuroZone Profiteers: How German and French Banks Helped Bankrupt Greece  ...  Almost none of the huge amount of money "loaned" to Greece has actually gone there, writes Joseph Stiglitz, former World Bank chief economist. CorpWatch's EuroZone Profiteers report sheds light on how some of it was used to pay off bad loans made by private-sector banks in France and Germany.

   Jun 29, 2015  ...  TECH:  ...   INSIGNIA RECHARGEABLE PORTABLE HD/FM RADIO ON SALE   $29  ...   Great at Reg Price $49 ...  ...  Rechargeable Up To 18 Hours Play, Small, Etc  ...  Both, Portable and Desktop have Digital Out 3.5mm Earphone Jack.  ...  Buy both the portable ($29) and desktop ($49) for just $79 and get free shipping.   Best Buy   ..   User Guide (pdf)   ..   Quick Setup Guide (pdf)      Sold Out in Most Stores, Order Online.

   Jun 26, 2015  ...  TECH NOTE:  ...   ABOUT HD RADIO  ...  HD RADIO = DIGITAL RADIO  ...  HD Radio is more appropriately referred to as "Digital Radio"...  ...  Upon seeing the term HD, the average person assumes it means High Definition Radio. Although that is a logical assumption, it is not true.  ...   HD Radio(digital) is not necessarily higher quality than regular Analog radio.  ...  The big difference between HD Radio (Digital) and Regular Radio (Analog) is that HD Radio transmits data/info along with the music. For Example: When you tune to a regular (analog) radio station, all you see is the station number 93.7 or 102.5 or 103.2. That's all. With a digital radio, along with the music, your display may show the station number (93.6) and Call letters (WABC FM) and Song Artist (Tiny Tim) and Song Title (Toptoe Through The Tulips).  ...   Most US Radio stations only broadcast an Analog signal. Some radio stations broadcast a HD (Digital) signal along with the Analog signal.  ...   Simultaneous Multiple Station Broadcast: Some HD "digital" radio stations broadcast 1 or 2 additional sub stations. Example: In Washington, the Howard University Radio station, WHUR, broadcasts both analog and digital signals. Using a regular radio (analog) radio, you can only hear the main station (96.3). However if you have a HD Radio (digital), you have a choice of three stations (HD 1, HD2, HD3). So for example, while HD1 is broadcasting the Steve Harvey, Maze, Ledisi, Stevie Wonder, ... HD2 is playing an Adult Contemporary/Cool Jazz/Gospel Mix: Lalah Hathaway, Jill Scott, Spyro Gyro, Gregory Porter, Floetry, Coltrane, Miles, Sinatra ... and HD3 is playing Hip Hop: Chris Brown, Nicki Minaj, Kanye West, Drake, Big Sean,2 Chainz, Mims, etc. So as you can see, with a HD Radio (digital), you may have 2 additional channels. Some HD stations only broadcast 1 or 2 channels.   ...   Another Example: Radio station WETA (90.9) ... HD1 broadcasts Classical Music and HD2 broadcasts Opera music, all day long.   ...   So if you only have a regular radio (analog), you can not get your Opera on.   ...   Hope this helps you to better understand HD Radio.

   Jun 25, 2015  ...  TCA:  Mary v. wILLIAMS v. Gibson  ...   TIP: WHEN FILING A LAWSUIT ... JUST THROW IN THE "KITCHEN SINK" AS REASONS FOR YOUR TERMINATION.  ...   After her termination, Ms. Williams filed two lawsuits against Gibson County in the Circuit Court of Gibson County. The first case was filed by Ms. Williams on July 12, 2013. In the complaint, it appears that Ms. Williams alleges that the County wrongly terminated her employment as an EMT after she sustained injuries from a dog bite while on the job. From what we can discern, Ms. Williams alleges that the County terminated her employment after she made “several complaints about the non treatment she receive[d].” Her complaint provides that her termination was also racially motivated and violated the “EEOC, Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act: By: [sic] Firing Ms[.] Williams after being injured on the job and refusing to pay for medical expenses due to that injury.” Among other things, Ms. Williams requested relief in the form of back pay from the date of her termination on September 17, 2012.      Less than one month after filing case number 8716, on August 7, 2013, Ms. Williams filed case number 8724. In this complaint, Ms. Williams alleges that Gibson County violated USERRA when it failed to pay her the entire monetary award she was entitled to pursuant to the parties’ Consent Decree entered in the federal district court case. She states that the County paid her $9,900.00 in back pay, but failed to pay the remainder of the award.   ...   COURT DECISION:   (.pdf)   (.html)

   Jun 22, 2015  ...  MSPB:  Fowlkes v. Ironworkers  ...   WHEN BRUCE CHANGED TO CAITLYN, THE WORLD CHEERED .... BUT WHEN I CHANGED FROM MS. COLETTE TO MR. COLE, THE UNION DISCRIMINATED AGAINST ME.   ...   Fowlkes is a journeyman ironworker and a member of Local 40. As a journeyman ironworker, Fowlkes would (in his words) detonate “caps/blow cement from steel/use torch to cut/burn steel[,] preparing it for the welder.”      Although Fowlkes was born biologically female and was named “Colette,” he now self-identifies as a man, preferring to be called “Cole” and to be referred to in the masculine.      To place its members at job sites, the Local ran a hiring hall, and Doyle and O’Rourke, as business agents for the Local, participated in the placement process. Fowlkes alleges that, beginning as early as 2005, the Local refused to refer him to jobs for which he was qualified, “[i]ntentionally passing over [Fowlkes] by choosing other men to receive [the] construction work” that he sought.      Fowlkes further alleges that O’Rourke received calls specifically requesting him for particular jobs for which he had the requisite skills, but that O’Rourke and Doyle passed him over in favor of others “with lesser skill level.”      The Local’s failure to refer Fowlkes for assignments allegedly continued through 2011; in that year, Fowlkes claims to have worked a total of only sixty-seven hours as a journeyman, again as a result of defendants’ “refusal to refer and give [him] work.”      Fowlkes alleges that defendants failed to refer him for work for two primary reasons. First, he asserts that defendants discriminated against him on the basis of sex: Fowlkes claims that if he had “acted with a femin[in]e character or worked with less musc[le], he might [have] not [incurred] [i]ntentional passing over.” (alleging that defendants told him that he “would get a good job if [he] would act like a girl”). Second, Fowlkes recounts that Doyle and O’Rourke each told him that they refused to refer him for work because he had previously filed a suit against the Local.  ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 18, 2015  ...  Supreme Court of the United States:  Walker v. ConfederateVeterans  ...   CLARENCE THOMAS, THE MOST CONSERVATIVE SUPREME COURT JUSTICE, BREAKS RANKS WITH FELLOW CONSERVATIVES TO BAN HATEFUL CONFEDERATE LICENSE PLATES. THANKS JUSTICE THOMAS.  ...   Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or (most commonly) both.      If the Texas Department of Motor Vehicles Board approves the design, the State will make it available for display on vehicles registered in Texas.      In this case, the Texas Division of the Sons of Confederate Veterans proposed a specialty license plate design featuring a Confederate battle flag. The Board rejected the proposal.      We must decide whether that rejection violated the Constitution’s free speech guarantees.                OPINION OF THE COURT: ... we hold that Texas’s specialty license plate designs constitute government speech and that Texas was consequently entitled to refuse to issue plates featuring SCV’s proposed design. Accordingly, the judgment of the United States Court of Appeals for the Fifth Circuit is Reversed.           BREYER, J., delivered the opinion of the Court, in which THOMAS, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. ALITO, J., filed a dissenting opinion, in which ROBERTS, C. J., and SCALIA and KENNEDY, JJ., joined.  ...   COURT DECISION:   (.pdf)   (.html)

   Jun 17, 2015  ...  MSPB:  ElHelbawy v. Commerce  ...   THEY STOPPED THE EMPLOYEE FROM PIMPING THE TELEWORK SYSTEM  ...  HATS OFF TO THE COMMERCE ER SPECIALIST WHO GUIDED THE MANAGERS THROUGH THIS CASE   ...   We also note that the agency acted appropriately in directing the appellant to provide medical documentation to substantiate her absences, considering that she had been absent for a significant period of time.      She told her supervisor that she could not inform the agency how long she would remain absent, and she said she would be unable to secure an appointment at a particular hospital to see a specialist about her medical conditions until 3 months later.      Based on our review of the record, we also find that: (1) the appellant’s medical conditions were primarily subjective in nature; (2) medical evidence was required to establish the existence of a disability because the scope of the appellant’s physical limitations was not obvious; (3) none of the appellant’s medical providers were able to provide a definitive diagnosis; (4) the agency tested the air quality of the building where the appellant worked and determined that the air quality was fine; (5) absent a few exceptions, it would be impossible for a federal agency to provide the appellant with what she was demanding here— a completely dust-free workplace; and (6) the appellant’s doctor’s determination that there was an outside chance that the appellant’s medical condition might have been caused by occupational asthma or “sick building syndrome” was merely a guess, not a medical opinion, and this speculation was contradicted by the air quality testing report.      We further find that the record reflects that the agency engaged in the required interactive process.      Thus, we believe that the agency should not be forced, under the circumstances presented here, to relinquish its policy limiting the number of hours in a pay period for approved telework, and, even if we were to find that the appellant was a qualified individual with a disability, that would not mean that she would be allowed to dictate to the agency what her reasonable accommodation must be.   ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 16, 2015  ...  TECH:  ...   The New Microsoft "Surface 3"  ...   As A Proud United Stater ... I feel proud ... When I hear so many people giving mostly great (70% 4 to 5 stars out of 5) reviews:  ...   Amazon S3 Reviews

   Jun 16, 2015  ...  TECH:  ...   Folks Really Loving The New Alcatel "Idol 3" Unlocked Smartphone : 5.5" -or- 4.7" .. Thin .. Light .. Great Screen.  Amazon