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Final Team Project:
Problem Analysis, Implementation, and Evaluation
Team B:
Robin Faulk
Habib Fayiz
Stephen Killingham
Aleacia Meredith
Chenista Straubel
MGT/350
Edward Robinson
November 17, 2004
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Abstract
The General Duty Clause found in Section 5(a)(1) of the Occupational Safety
and Health Act states:
Each employer shall furnish to each of its employees employment, a place of
employment which are free from recognized hazards that are causing or are likely to
cause death or serious physical harm to its employees.
Efforts to reduce workplace violence representative of hostile work environments
as defined by, but not limited to sexual harassment, homicide, threats, etc. can include
1) pre-employment screening, 2) zero tolerance for threats, 3) fair grievance
procedures, 4) mental health resources (counseling), 4) termination procedures, 5)
workplace violence training, and 6) physical security.
A 1998 special report issued by the Bureau of Justice Statistics identified seven
occupational fields that experience the highest number of workplace violence: Retail,
Law Enforcement, Teaching, Medical, Mental Health, Transportation, and Private
Security. Between 1992 and 1996, in excess of 2 million workers reported work place
violence and 40 percent of those individuals reporting nonfatal incidents knew their
offenders and women are more likely than men to experience workplace violence.
In response to these issues, companies can assess their vulnerability to
workplace violence claims by objectively reviewing their physical facilities, instruct key
personnel in risk recognition and scenario preparation for crises management, and by
including proper guidance in litigation avoidance.
This paper discusses a particular type of workplace violence that is indicative of a
hostile environment, sexual harassment. We provide the following:
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A brief review and description of the problem by framing the problem and three
alternative solutions,
Evaluation of the alternatives by utilizing standard tools and techniques including
ethical implications,
Implementation plan including an evaluation of resources, a resistance management
plan, and an anticipated timeline, and
An evaluation of the success of the solution which answers the following questions
and defends our position:
o Criteria: How we know we have made the best possible decision?
o Tools and techniques we use to evaluate the outcome(s)?
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Final Team Project:
Problem Analysis, Implementation, and Evaluation
Description of the Problem
Sexual harassment is misconduct based on sex, whether directed towards a
person of the same or opposite sex. Unwelcome sexual advances, requests for sexual
favors, and other physical, verbal, or visual conduct based on sex constitute sexual
harassment when:
Submission to the conduct is an explicit or implicit term or condition of employment
Submission to or rejection of the conduct is used as the basis for an employment
decision, or
The conduct has the purpose or effect of unreasonably interfering with an
individuals work performance or creating an intimidating, hostile, or offensive
working environment.
Sexual harassment knows no gender: Men can sexually harass women, and women
can sexually harass men.
The Federal Equal Employment Opportunity Commission reported a more than
fifty percent increase in the number of sexual harassment charges filed with federal and
state agencies during 1992. Some people have suggested that the Anita Hill-Clarence
Thomas hearings raised the consciousness of female workers, and that the expanded
remedies now available to harassment plaintiffs under the Civil Rights Act of 1991 are
an incentive to bring such claims to the surface. Such a dramatic increase in the
number of agency filings, underscores the need for employers to implement policies and
procedures for timely and effective investigation of all sexual harassment complaints.
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The investigation stage is crucial because the results of the investigation will determine
whether remedial action is warranted. If remedial action is warranted, the facts gleaned
from the investigation will form the basis of the company's decision as to what action(s)
is appropriate.
In order to take the appropriate action, there are several factors that must be
considered:
The severity, frequency and pervasiveness of the conduct;
Prior complaints made by the complaining employee;
Prior complaints made against the accused employee; and
The quality of the evidence (first hand knowledge, rumor, credible corroboration,
etc.) to support whatever action is taken.
Frame Alternatives
All instances and accusations reported of sexual harassment should be
investigated by highly trained and qualified staff educated in the investigative process
and also familiar with the rights and obligations of both the employer and employee.
This matter must be taken seriously consistently.
In the event that the investigation is inconclusive or it is determined that there
has been no harassment in violation of company policy, but the investigation reveals
some potentially problematic conduct, some preventative action should be taken. At a
minimum, the accused and the accuser should be reminded of the company's policy
against harassment and counseled about avoiding potential problems in the future.
Disciplinary measures should be proportional to the seriousness of the offense.
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We discuss preventive measures first because we feel that prevention is the best
form of relief an employer can provide. Preventative measures include training,
counseling, and workplace monitoring. Disciplinary actions may include oral and written
reprimands, suspension, and termination.
Training
Training provides the employees with the required knowledge for future
prevention of such cases. Training programs can include the extent of the companys
sexual harassment policy, and information regarding violation of policy, policy
implementation or dissemination, key personnel, supervisor responsibility, employee
responsibility, complaint submission, confidentiality, program-related meetings,
conducting program meetings, agreement of participation, non-English speaking
employees, and program recommendations for improvement.
Referral to Counseling
It is important when defending corporate policies that the proper timing is
executed in the intervention of potential problem areas. The purpose of the counseling
is to assist the employees in developing greater self-understanding of issues that may
interfere with their ability to function in an optimal manner. All counseling is confidential.
Counseling sessions can be on sight services offered by the organization or employers
may refer employees outside entities.
Monitoring
Monitoring employee activities provides some level of assurance that all rules
and regulations are followed in accordance of the companys sexual harassment policy.
Monitoring can be done in a variety of methods:
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Observation including video surveillance and computer monitoring; and
Telephone monitoring including recording calls and eavesdropping.
Oral or Written Reprimand
A written warning may be warranted without a record of prior offense. When a
written warning is called for, it should be precededby an interview similar to the oral
reprimand, differing only in that the employee is told at the conclusion of the interview
that a written warning is to be issued. The interview should address the condition or
behavior. The written warning willinclude a statement of the reason for the discipline,
consequences of continued infraction, any commitment on the employees part to
correct their behavior, a timelinefor their actions, and any follow-up actions to be taken.
The employee should acknowledge receipt of the warning by his or her signature, even
though the signature does not imply agreement. A copy of the written notice should be
placed in the employees personnel file in the Human Resources office. The employee
shall have the opportunity to provide a written response to the written notice.
Suspension
Suspension is an action which places an employee, for disciplinary reasons, in a
temporary status of no duties and no pay. A suspension, regardless of duration, is an
adverse action and considered a severe disciplinary action. Ordinarily, it is the final step
in the disciplinary process before removal action and is accompanied by a warning to
the employee that a further violation of rules could result in removal. A suspension
prevents an employee from performing work and denies salary for the suspension
period. Therefore, a suspension is not normally imposed for indebtedness or for
performance-related factors in non-disciplinary situations.
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Evaluation of the Alternatives
Training
The U. S. Supreme Court has ruled that companies that provide legal training for
their managers will not be liable for punitive damages
(http://www.fairmeasures.com/training.html ).
Every employer should have a policy in place to deal with sexual harassment. An
environment free from sexual harassment is a condition of employment, and so it is the
duty of the employer to provide it. Under the Employment Equity Act, the employer may
be liable if they were aware of the sexual harassment and failed to take action.
The employer should place notices throughout the premises, which detail the
company's commitment to preventing the occurrence of sexual harassment. A company
policy on sexual harassment should set out what the company considers to be the main
types of sexual harassment and the penalties that relate to it. For example, sexual
harassment could be listed as gross misconduct in the disciplinary policy, which may
result in summary dismissal.
Employers need to examine why the problem has occurred in the first place.
Perhaps if the company had an effective approach to dealing with sexual harassment
then the problem would never have happened.
Is the company harassment policy clear enough?
Has it been communicated to all employees?
Is the policy enforced consistently?
In the large percentage of cases, the alleged harasser is not aware that their
behaviors are offensive or unwelcome, and the majority of these claims can be settled
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by an apology and a promise by the harasser to correct his or her behavior. For this
reason, it is important that all employees are aware of exactly what the company
defines as sexual harassment. Communication is the key and making sure that all
people, management policies, procedures, paperwork, and good business practices are
in place is common sense and just. Presenting the Respect vs. Harassment training
program is the beginning of a journey that can strengthen a culture of respect within an
organization. The program is designed not only to prevent sexual harassment, but also
to prevent the occurrence of other types of disruptive, unwelcome behavior in the
workplace.
It is difficult to predict the degree to which disrespectful behaviors interfere with
the productivity potential of each person. However, the positive effects of treating each
other with respect are well known:
Improved quality of teamwork and problem solving.
Reduced absenteeism and turnover.
Increased potential for higher productivity and profitability.
In a diverse workforce, where respect may mean different things to different
people, new interpersonal skills are necessary to assure that valuing differences fosters
a culture of respect. The goal of Respect vs. Harassment training is to provide
employees and managers with the skills and information they need to work together
respectfully and productively, and to heal work relationships when conflicts do occur.
For organizations which choose to create a culture of respect, Respect vs.
Harassment training is essential to assure consistent, high-quality, and timely delivery of
employee and management programs. With the senior leadership's participation in
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presenting the Respect vs. Harassment program, they are joining other colleagues who
know that high performance organizations demonstrate that respect is valued. Senior
leadership can also make a statement that includes:
Management takes these issues seriously and that harassment will not be tolerated.
Emphasis that management personnel are accountable to contact their resource
person/department any time they have knowledge of actual or potential harassment
situations.
Retaliation against those who use the organizations complaint procedure will not be
tolerated.
Referral to Counseling
Several programs that employers offer can assist employees in obtaining mental
health counseling that can help both the victims and potential oppressors. The intent of
assistance programs is to provide confidential services when needed before problems
actually appear. The programs are designed to help employers support employees
while addressing the needs and duties of the organization to provide a safe and healthy
environment. Programs help employees seek and receive services and treatment to
ensure the safety of all personnel and to help employees return to work after a referral
is made.
EAPs (Employee Assistance Programs) vary in scope:
Referral-only Programs. Referral programs provide a contact phone number and
referral to community resources, self-help programs, substance abuse treatment
providers, and crisis intervention counseling. These programs rarely include case
management or financial support.
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In-house Programs. In-house programs often provide specialized outside
treatment resources for crisis intervention and assessments. Identification of this need
for specific individuals usually surfaces during performance reviews or in disciplinary
proceedings.
Outside Programs. A common model of employee assistance that provides
specialized staff and services removed from direct supervision of employers. This is
commonly the most effective and acceptable form of program for employees and
employers. Services range from crisis intervention, short-term counseling, and
assessment. This can include anger management programs as well as change
management models.
Consortium Programs. A more comprehensive and cost effective model, these
programs are usually targeted to a specific industry in a geographical area and are
offered throughout an organization as a training and informational model.
Mixed Model Programs. These programs are developed for specific employers
with multiple worksites and differing needs and resources.
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Monitoring
Policies regarding monitoring have been questioned in the courtroom as they
may appear to be a violation of the Privacy Acts for both employees and for customers.
The moral and ethical standards of monitoring should be considered as this action may
help to create symptoms of a hostile work environment indicating a sick corporate
culture that can turn counter-productive quickly.
Suspension
Understanding the legal ramifications of severe punishment in harassment
problems, employers must appropriately implement corrective actions, but also evaluate
the degree of their reactions in order to prevent lawsuits as best as possible.
Another alternative solution to resolving sexual harassment problems, other than
termination, is suspension and loss of wages or bonus, in contrast to termination.
Making a good-faith effort to remedy incidents of sexual harassment may minimize an
organizations legal liability (Segal, J. A., 1997, para. 2) Organizations need to take into
account if the harassment was a first time or repeated offense. By not implementing the
harshest form of discipline, which would be termination, an employer is making the
good-faith effort of administering a slightly lesser punishment of suspension and loss
of wages or bonus. When companies are not sure whether to discharge, many
employers opt to suspend. As a practical matter, in close calls, suspensions are
appealing (Segal, J. A., 1997, para. 42). In addition and according to Legislative &
Legal Updates, some courts have accepted suspension as one of the appropriate
actions for organizations to help prevent future harassment issues. An example,
Suspending an alleged harasser without pay pending an investigation and telling the
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alleged harasser not to contact the employee (the alleged harasser then resigned).
Coates v. Sundor Brands, Inc., -- F.3d --, 1998 WL 789169 (11th Cir. Nov. 13, 1998)
(http://www.npelra.org/legal/tedclak.asp, para. 24). By implementing this technique,
other employees will most likely be discouraged from displaying any kind of harassing
behavior.
Suspension can go on while the investigation is being conducted or even as a
result of the investigation as a means of corrective action. This type of corrective action
definitely conveys to all employees that this kind of behavior is not acceptable and will
be subject to ramifications up to and including termination.
Decision and Implementation
Training
Prevention is the best medicine when it comes to issues related to workplace
violence and its symptoms of a hostile work environment including sexual harassment
therefore, we feel that the best solution is training. This decision is based on the
following critical thinking:
We believe that educating can be the best start to ending a bad situation from the
beginning; and, it can also be used as preventive medicine for future reference.
Evaluation of Resources
Developing and implementing an effective workplace policy is essential in
preventing harassment. Education is also important. People have to know there is a
policy and what it says. The employers position on harassment should be contained in
a clear policy statement, distributed to all employees, posted on bulletin boards and
provided to all managers, supervisors and new employees.
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made. To encourage prevention, also spell out the disciplinary consequences of
harassment of any employee.
Guarantee a fair and prompt reaction to anyone with a complaint of
harassment.
Resistance Management Plan
Education is important in preventing sexual and other types of harassment.
Everyone must know about the policy. Management must educate staff at all levels and
make them aware of the ongoing commitment to that policy. A sensitive policy also can
serve to foster an understanding of the true nature of harassment and its destructive
consequences. Remember, prevention is better than cure, and a policy prohibiting
harassment can provide the basis for prevention.
Employers that conduct training usually stop after training of managers and
supervisors. We recommend that training be conducted for every manager, supervisor
and employee as to the employers expectations of appropriate behavior and the
penalties for non-compliance. The thought of employee training is often met with
resistance from employers who wonder, "Arent we just educating potential plaintiffs?"
Not necessarily. What we have found after over 15 years of training employees all over
the country is that employees keep things within the organization when they are taught
what kinds of activities can be considered to be harassment, how the law defines
harassment and how they should go about making an internal complaint. When
employees understand that they have an internal outlet to resolve their concerns, they
are much less likely to become a "plaintiff" (http://www3.uakron.edu).
Anticipated Timeline
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Even the best harassment policy and procedure will not be successful unless
everyone knows about it. Develop a plan for notifying employees about your policy and
for training people responsible for implementing it.
There are many ways for employers to get the word out. What works for one
employer and audience may not be the most effective approach for others. On the
cutting edge of dissemination, some larger employers have utilized the "information
highway" in their endeavor. Policies and procedures can be placed on your
organizations web page, or you may want to design a specific web page to provide
information, forms and identify people on-site to whom complaints may be made. This
can also be a good way to publicize support services for victims of alleged harassment,
organizations "Help-line," and information on how to file complaints with state and
federal agencies. Whatever the approach, it should be well-thought-out and maintained.
In addition to the written word, train employers and supervisors about
harassment and the procedure for addressing allegations. All employees should receive
in-service training at least once a year on harassment and your organizations
procedure.
Managers and supervisors need training on both the employers expectations of
appropriate behavior and also what their obligations are when hearing a complaint of
harassment. It is recommended that training takes about two hours to train
management and about one hour to train employees. The following is a checklist for
implementing a harassment prevention plan.
ActionNo
InProgress
To BeImplemented
DateImplemented
Publish policy on harassment
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Include policy in employee handbook
Include possible disciplinary action inemployee handbook
Distribute *DFEH Information Sheet to all
employees
Include *DFEH Information Sheet in new hireorientation packets
Display posters in workplace
Designate two investigative officers
Post officers names/contact number
Establish organization process
Inform employees of process
Train investigators
Train managers/supervisors
Train employees
*DFEH = DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Evaluation
Prevention is the number one measurement for maintaining a harassment-free
environment. Knowing the standards used to identify: What is harassment? And how
investigations resolve allegations is very important in both prevention, and in resolution.
Training corporate staff about sexual harassment issues is very important, and also
training the human resource department on how to respond to these claims can set the
foundation for later perceptions regarding these issues. Documenting the attendance of
meetings, the distribution of materials and obtaining employee acknowledgement of
receipt of the training and materials is an essential duty of the organization.
Criteria
How we know we have made the best possible decision.
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Industry indicators reveal that training results in fewer issues and lessens the
effects of reported issues. Training employees creates awareness to the problem,
helps employees to understand the issues, reinforces preventive skills, and provides a
framework to follow in prevention.
Creating and maintaining harassment policies and procedures helps everyone in
the company to understand that the company does not condone this type of behavior
and attempts to educate everyone on how to prevent these types of incidents from
happening.
Training is a "good-faith" effort on behalf of the company to help in the prevention
or defense of unnecessary or unwarranted lawsuits.
Employers must provide comprehensive discussion of the legal standards and
related issues involved in resolving sexual harassment incidents. It is important to make
clear, all disciplinary procedures, but it is more important to enforce the disciplinary
procedures in EVERY instance throughout the organization fairly. Inconsistent
application of company policies and procedures can render such policies null and void
when investigated, which will make them ineffective and useless forms of defense in
this arena. The steps followed must be reasonable and effective in ending the
harassment, in addition to preventing recurrence. If the actions are treated as merely
inappropriate behavior and are not effective in ending the harassment or preventing it
from escalating, additional steps must be taken so that everyone knows the conduct is
prohibited.
In order for the organization to know if they have made the best possible decision
is to follow with everyone one involved in the situation. Far too often organizational
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leaders want to clear up a negative incident as soon as possible and hopefully forget
that it ever happened. However, in order to ensure the best decisions were made the
organization must continue to address the problem even once it has been resolved.
The objective of the company should not be to drag the issue on but to show that they
have a genuine concern and will not tolerate harassment on any level. If they company
sees a distinctive drop on sexual harassment charges and allegations as a result of
their actions they can take some comfort in knowing that they made the proper choices.
Confidentiality, after claims are made can avoid the bandwagon effect;
however, this is not always the case as the victims discuss the issues among co-
workers to gain support either emotionally or evidentially. Employee feedback is always
going to be the best measurement for determining the effectiveness of company policy
upon employee morale.
Tools and Techniques
How we evaluate the outcome.
The criteria for measuring a successful outcome of this type of problem, even if
sexual harassment has been established, and at least one employee is terminated or
resigns, include the following:
Sexual harassment was either substantiated or unsubstantiated and both parties
were informed and dealt with accordingly.
Both employees and all employees involved understand the situation, and accept
the actions, whether negative or positive, as a result.
Employee moral has not declined. (In order to prevent negative or low moral, other
employees are reminded of the companys intolerance to sexual harassment. In
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addition, notification of the results of the investigation may need to also be relayed to
employees involved.)
The most successful item on this list of criteria of a successful outcome is no
involvement of lawsuits.
Conclusion
Sexual harassment is seldom reported within an organization due to the
complexity of the issue, difficulty in proving, possible resulting retribution of both the
reporter and the reported, and the stigma attached to the individuals involved. It is
important to note that sexual harassment accusations are not limited to women versus
men; men are also sexually harassed by women, women by women, and men by men.
The distinction must be made clear that women are not always the ONLY victim of
sexual harassment. Often times, both individuals are the victims of sexual harassment,
i.e. consent by mutuality that later falls under scrutiny due to relationship issues turning
the relationship into unwarranted or unwanted continuity that is difficult to avoid due to
the nature of a working relationship. The victim then becomes the one that speaks out
or reports the matter first! It is for this reason that companies may establish policies that
discourage or prohibit employees from dating stating that the relationship becomes a
conflict of interest and not in the best interest of company morality, values, mission, or
purpose.
The victims risk their jobs by speaking out. The intent of the victim comes under
close scrutiny, and these accusations are based upon how others view the expectations
of the outcome: Are they speaking out for the sake of the principle of the matter? Are
they wearing their needs on their sleeves and purporting: Im a victim; feel sorry for
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me, or is it for attention or the potential rewards of notoriety and monetary
contributions based upon perceived pain and suffering? On the other hand, it is the
nature of individuals within our society to abhor, oppose and to confront injustice while
seeking dirty laundry and one accusation of sexual harassment within an organization
can cause a multitude of others to come forward.
Sexual harassment accusations can begin a slow process of ruination for both
the individuals involved as well as the organization. The accusations can create a
hostile work environment that will tend to erode and to crumble employee job
satisfaction, and effectiveness. The success of the organization, then, suffers due to a
decrease in productivity and company-wide skepticism concerning moral and ethical
values. If these issues go unchecked or unaddressed, employee moral suffers greatly
and begins to reflect in the corporate bottom-line, and this is reflective in quarterly
reports analyzed by the CEO and board of directors.
There is a distinction between administrative enforcement of sexual harassment
accusations and private litigation for monetary damages. Administrative enforcement
includes potential Title VII violations that require organizations to seek voluntary
corrective action before pursuing termination or other enforcement mechanisms.
Companies guilty of Title VII violations can face sanctions and probation by EEOC
opening the door to civil or criminal suits filed for damages, etc. Civil or criminal litigation
can arise between the individuals as well as between the individuals and the company.
This creates an external environmental issue to the company within the community and
possibly the market.
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Any type of grievance filed against an organization can lead to corporate
illnesses, which affects employee morale, productivity, and confidence. Later these
issues surface in corporate reports as a loss of productivity and market effectiveness
(boycotts due to labor violation accusations, etc.), loss of customers, consumer
satisfaction and confidence drop in the market shares (investors), and possibly even the
loss of quality vendors willing to do business with your organization.
Laws, court decisions, company policies, and a multitude of training programs
have all taken aim at the problem (Monaco, L. and Ellet, B., 2000, para. 2). Companies
have realized as a result of lawsuits and loss of work production that sexual harassment
prevention tactics must be put into place. Outside of making sure that the legally
required Equal Employment Opportunity codes and notices are visibly posted in the
workplace, there are no absolute tactics that companies must enforce to dissuade
sexual harassment in the workplace. However, it is highly recommended by the courts
to establish other techniques to inform employees of the companys intolerance of
sexual harassment of any kind. Companies should establish their own policy indicating
their intolerance of any type of harassment in the workplace from ALL employees, which
also gives examples of inappropriate behavior and outlines the punishment of such
unwarranted behavior. In addition, seminars, training courses, and presentations are
also good techniques.
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Part 1 of 2. Retrieved November 2, 2004, from University of Phoenix, RDS
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NPELRA Home: Information Resources: Legislative & Legal Updates. (2004, November
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Segal, J. A. (1997, October). The Catch-22s of remedying sexual harassment
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px
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