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Week of 2.20.09

Is Your Daughter Safe at Work?

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A shocking statistic—teenagers are in more danger from sexual predators at their part time jobs than through the Internet. According to one estimate, 200,000 teenagers are assaulted at the workplace each year. It's a vastly underreported phenomenon, but some brave young women are stepping up publicly to tell their stories.

This week, NOW collaborates with the Schuster Institute for Investigative Journalism at Brandeis University to bring you an unprecedented broadcast investigation of teen sexual harassment in the workplace.

In the program, abused teenagers share their own stories with Senior Correspondent Maria Hinojosa. We track their legal journeys to justice, and how the issue impacts hundreds of thousands of teenagers across the country—many of whom don't know how to report workplace abuse, or to even recognize when their bosses cross the line.

This is the first report in a new NOW on PBS beat on women and men in the twenty-first century we call "Life Now."

Related Links

EEOC: Youth at Work, the Equal Employment Opportunity Commission's initiative to teach young people about their rights and responsibilities in the workplace.

Schuster Institute for Investigative Journalism at Brandeis University

Teen Victim Project: Sexual Harassment, advice on how to recognize a crime, what emotions to expect, and how to receive or give help.

Science News: Culture Affects How Teen Girls See Sexual Harassment, research indicates that cultural factors may control whether girls perceive sexism as an environmental problem or as evidence of their own shortcomings.

NOW Stories of Interest

No Right to Choose?
Can anti-abortion activists in South Dakota overturn Roe v. Wade and will their plan to promote abstinence-only education for young people work?

Child Brides: Stolen Lives
A closer look at early child marriage around the world, with tales of heartbreak and of hope.

Education City
A radical experiment in education: American universities in the Middle East.

Women, Power and Politics
How have women in politics changed America and the world?


Life NOW: Women and Men in the Twenty-First Century


Viewer Comments

Commenter: Noel Fernandez
My comment is about EEOC. Is it a place of integrity?. The EEOC in Phoenix seems to be just dealing with cases that are so simple to put into words. My case is now left up to me to find my own lawyer. The unemployment Department (DES) found in favour of me but the EEOC Refused to deal with it. The lies of employers are not questioned. WHY?I have till Apr 22,09 to get a lawyer to deal with it, the problem is that I have only$825/- a month to live on. My 401 K $5000'/ is all I have left. Where is the justice in America.


Commenter: Rachel Duncan rduncan77@prepaidlegal.com
Is your daughter safe at work? was a great news piece. More attention needs to be paid to the abuses that are occurring at work with all age groups------not only teenagers-----more so with female workers. Companies know how to cover themselves After 13 years of experience in Human Resources and 6 years of experience in paralegal ----- I decided to be an independent Associate of Prepaid Legal Services-------Now is a good time for the Average person or family to protect your whole family's rights by having legal counsel a phone call away. I have protected my own son's rights at his first job and you can too.
Rachel Duncan
Independent Associate for Prepaid Legal Services
website: www.prepaidlegal.com/rduncan77


Commenter: Karen A Duncan
Prevention of sexual harassment and other types of sexual crimes begins with changing society's views, and that includes cultural views, (beliefs and attitudes) that sexual harassment is acceptable. Prevention also includes educating (providing information) and teaching (learning specific skills) what is appropriate behavior for a workplace. In this context it means challenging workplace views that sexual harassment of our teens (or anyone) is not acceptable and educating employers and their staff what sexual harassment is and then requiring them to learn skills that prevent sexual harassment. Prevention will also requires establishing boundaries within the workplace that give parameters and guidance of what is ethical behavior in the workplace.

No one should be subjected to a workplace where sexual harassment beliefs, attitudes and behaviors exist. It is especially disturbing for adults to have to recognize that teens are subjected to sexual harassment and that this type of illegal (and unethical behavior) can imprint upon a young person's first work experience.

I do agree that offenders should be held accountable beyond just losing their job, if they lose their job at all. But employers should also be accountable for training and monitoring their employers beliefs and behavior.

We all know that sexual violence occurs in this society and other societies and across cultures. As long as we continue to pretend it does not exist, focus only on false reports by victims and offenders (victims who are not victimized and offenders who lie when they do commit these acts) or minimize its impact--physically, emotionally and economically--when it does occur, we are not going to see an end to sexual violence of any kind whether it be sexual harassment, rape, stalking, assault or child sexual abuse.

It really is time for members of society in the United States to collectively stand against sexual violence in our own country and around the world. When we no longer tolerate the violence it will end, and when we begin to fully teaching healthy relationships at work, in the home, at school and in our communites, we will see a healthier society. Now wouldn't that be a an end program worth seeing!


Commenter: A victim
Comment on “Is your daughter safe at work” segment

Yes its impossible to go after the perps in discrimination cases and if you do the court will throw that part of the case out. The bigger problem is the states do not uphold their processes and EEOC rarely goes after even the employer unless politically motivated. Usually the best you can hope for is a letter giving you the right to sue the employer. Bet most of you didnt know you need permission to sue for discrimination. You cant just sue them. You need to beg for permission.

I certainly wouldn’t want my daughter to be harassed at work and applaud your segment but it’s just the tip of an iceberg of employment discrimination that despite very strong laws just keeps on rolling along because the average person somehow doesn’t view it as anything but a fact of life.

The problem is further aggravated by the loss of our manufacturing capacity that has left us with ever more unskilled jobs filled by teenagers and girls and women who typically are paid lower wages. Its usually the older white males who are educated in the sciences and manufacturing skills, whose many years experience resulted in them being paid higher wages and therefore more likely to be let go and replaced with younger less skilled and lower paid persons in the few remaining manufacturing companies left.

Your show was even more amazing because companies are supposed to have annual training on harassment and the only training most give is usually limited to sexual harassment. Yet your show seems to indicate even this high profile training goes unnoticed and apparently none of your young women were had received such training. This is an indicator of the lack of enforcement in general of employment discrimination laws in this country as we transition to low paid service jobs that require little education while we run around worrying about how much more to spend on schools to turn out students with college level skills when there are fewer and fewer manufacturing jobs. Aside from computer sciences which can not soak up the supply for lots of reasons especially considering the majority of such products are not made in this country. What we are left with is low paying jobs selling products made for American Owned companies in foreign lands serviced from call centers in other foreign lands which take a bite out of even those low paying service jobs.

Frankly I was surprised at the degree of your upset over what was a relatively minor amount of damage over more prevalent types of discrimination which are more damaging financially to families and individuals. Not to demean the damage to these young girl’s psyches but all discrimination damages psyches. The difference is these young girls didn’t suffer any financial damage. The lived with their families and do not support any families of their own. These girls are young and have plenty of time to make up any financial losses and also have better prospects in our service industry society. They have parents who can afford or are able to obtain legal counsel whereas an unemployed older person with a family has to use what little resources he has to support his family or children in school.

What is even worse during recession the more educated the person the more likely they are to be discriminated against because of age or disability or gender. As our manufacturing society disappears the most insidious part of the process is usually that the more educated older people are most discriminated against and because older educated males were the ones whose jobs have left our country. These people have little time to make up for the loss of their means of retirement savings or support a family and are more likely to have some kind of disability. Most people think of disability as being when someone is standing on crutches holding an artificial leg in one hand. . But the reality is that many older employees have some kind of disability that is often used by an employer to create situations where the older employee can not keep up and are forced out especially if because with their years of experience they are paid more than the younger employees.

The real problem is that many states such as Iowa actively pursue a policy of not enforcing employment discrimination laws or making it impossible for the civil rights commission they appoint to do their job by not funding them properly or not passing laws such as power of subpoena so they can do their jobs in all but the most high profile cases. This phenomenon seems tied to the competition between states for the limited manufacturing jobs or any jobs for that matter. States seem to be afraid if they enforce the laws the jobs will move to the next state because there is no uniform enforcement policy and the federal government does not punish those states that fail to enforce the law. There has been little regulation of any industry financial or otherwise to the detriment of our country.

For most of the rest of us such as a disabled older (especially white males) who are discriminated there is no one to hire a lawyer for him and there are few if any attorneys who will take an age discrimination case because they know the playing field isn’t level and the deck is stacked against them and there is that pesky mortgage and things like food for the family. If they haven’t used up what little retirement savings they had the last recession they do it now knowing they won’t be able to live on just Social Security if there is any left when they get there. Not only is their psyche damaged. Their way of lie is destroyed with no way to recover in the remaining time where they will be lucky to get a job in their old profession and salary.

As your reporter blithely passed over her statement noting EEOC was enforcing the law by taking a hand in a few high profile cases. EEOC wasn’t charged with enforcing the rules for only those who have high profile cases (i.e. news catchers like a young girl in a pizza parlor who got her butt pinched). Your reporter thinks it’s not only OK to selectively enforce the law but great because they do. It doesn’t occur to her that selective enforcement is a cancer that should never be allowed or condoned never mind praised as your program did.

I think its terrible young girls are abused during employment or anyone else for that matter not just the high profile ones. What you should be shining your light on is the overall failure to enforce all employment discrimination law not just high profiles or is it you only deal with high profile cases? In times like these such discrimination is even more prevalent.

The way ordinary employment suits are handled in states like Iowa are a scenario that would fit a John Grisham novel; only they are true not fiction. Iowa is one of 4 states whose civil rights commission doesn’t have the right to subpoena an employer’s records. They also do not have a budget to hire more than one magistrate and insufficient funds to even look at cases for more than a year and a half never mind bring suit in the claimants name before the magistrate. The employer can say what ever it wants and the investigator who is under pressure not to upset an employer has no way to disprove a lie

While attending an Iowa Trial Lawyer’s seminar on employment discrimination it was apparent that no lawyer would prosecute a claim with the state civil rights commission. The advice was to ask for a right to sue in state court and file suit provided they had a high profile case or client with unlimited funds. Other than that the civil rights commission seems to function mostly as a way to terminate claims regardless of merit should the claimant persist in trying to get the commission prosecute in the claimants name as the law intended. That story would be right at home in a John Grisham novel.


Commenter: Wade Jones
I just read the comments on the shows webpage. Are these the only comments available to read? I thought there would be more. I made one already concerning a note on my own twisted upbringing and what one girl said to me that sticks with me to this day, along with everything else. But, I would like to add one. A note on the attorney “justacomment” and one Lynn Otte that goes to the heart of your shows particular angle. The view of justacomment throws itself on the very reason the show was called “Is your daughter safe in the workplace?” The show was not about armies of non-existent lawyers looking for female victims with watery stories of abuse. It was not about the many employers and managers etc who are normal. It does not paint all men or employers as abusers. The show is about the failure men to be real men, and how a system denies the weakest protection in the name of protecting itself. It is the nature of the guilty to do anything they can to deny wrongdoing including further victimizing the victim. It happens to individuals, it happens to nations. Justacomment is defending the employer as being “helpless” and lack “resources” in protecting their employees, and alludes that it’s the cops fault, even though the co knows it is legally responsible as noted. You would think it would be an incentive. And it is most untrue that an employee can not be dealt with one or even fired for misconduct, that’s absurd. Almost all of these chain businesses have serious abilities and resources for investigating, many have ex Gov. security personnel with all kinds of training. It’s true that without an investigation and arrest there are limitations on what you can do about a perp and the co is not responsible for getting them treatment or following their personal twisted life. They are responsible for a safe work evviroment. I don’t however see any reason that someone who has had a civil case won against them for this kind of thing can’t posted on a website similar to pedophiles. We could maybe start off with O.J. That would get some attention. The argument that the show is narrow-minded doesn’t hold water, the only thing I missed was a look at police failure to investigate, and the failure of state authoritys, if they were involved. Didn’t sound like they were, and the case with the knife wielder was the cops for all intent and purpose. I remember one in my home town where a cop supplied a gun to shoot the guys wife, I knew the daughter. I know that in anycase they are overwhelmed and most will do whatever they can to look the other way. It’s not like on SVSU. That’s mostly because of money, talent, and resources these days. But not long ago, a woman’s complaint would be pretty much laughed at because of bigotry and patriarchy. I’ve been there. I am still there, I’m watching one now that may get my best friend ( woman) killed. The police are aware and the court has done what it can and I’m sick and 3,000 miles away. The guy just happens to be a gun nut. But that is domestic, not the workplace. Justacomment basically pleads for understanding that employers should not be held responsible for harm done to employees by one another, that it’s a police matter. If it were a mechanical failure that got someone hurt I suppose justacomment would argue different, not that it is. An important thing justacomment dances around is, speaking of no system to deal with perps, a dependable place for victims to go to start dealing with the perp. And there is none. It’s just sick. It seems that these young women on the show have reasonably dependable parents and should have started there. However, they all knew that as soon as they open their mouths they make targets and liabilities of themselves, a real lesson at that age. You know what they do to liabilities. Your commentator Lynn Otte does. She’s living it. I was always surprised that when the tide changed with women in the 70s that they did not organize better. You would think they would have. Lynn knows what it means to take it on in the public forum and what the price can be and she is still willing to face it. There are opportunistic liars out there, I’ve known a couple, but to take on a case is a terrible burden, especially if your evidence is not recorded, and doesn’t do a thing for getting another job. Maybe if there are armies of lawyers out there one will pick it up. I could use one for health care. Some suggestions might be, if a civil suit moves forward on such a case then the “proper authorities” should automatically be required to follow and record it and of course act on it. If we are going to pay for these offices then something should be done or close the offices. There should be an automatic protection of employment by law for anyone defending themselves in the workplace, sure there would be abuses of it, but compared to a society living on slasher flicks, pop culture, chattelizing women, etc, it is needed. I mentioned the website for successful cases. A state tribunal is a joke. I have 2 in my history and without hair and blood for evidence they always go with the business, so I can’t think of a thing except for automatic following of a court case that should be applicable to any loses or imposable fines/sanctions in relationship to the case outcome. It could help to set other parameters. I can’t think of thing to make the cops more useful. Serious automatic probation for a business that is found guilty would be an incentive but hard to enforce. But things along this line are not that hard to think up. Lack of leadership, that’s another story. I will say that the responsibility starts with the victim, better to quit than get your throat cut. But it is the system that brings force to the fears of the system after something happens, and that should be on no one. Lastly, I’ll say that as a student of human behavior that pop culture has been rotting minds since the late 70s. For just a moment there we had a chance but pop culture took the stage. Young minds are kind of empty and malleable and looking for excitement. Our pop culture has thrived on raw base sensationalism for years now and the results are depressing. We have a law system based on human rights but avoiding all but the absolute worse case scenarios, and maybe not then. We have corporate lawyers arguing it’s not the companies fault, it’s the cops and other lawyers and maybe women who don’t know their place. We do however have a few media things in our favor, one of which is NOW. We have a new president who seems to get it. WE could have a different congress with one more mighty push. God knows I want not millions, but billions for art. Lets skip the moon. I would be more involved myself but for lack of healthcare that has finally taken it’s toll. There’s another issue. Well, if those girls and their families hear this, I hope they at least look at the courtcase website idea, I like that one. They could be the first ones on it. I’ll tell them myself if can find them. It would be good use of some of that judgement.
Just a note, I recently posted a response at the local paper about a sex abuse case. I even opened an email just for ideas or comments as the case has been lost and the girl will suffer. I wish I could say that someone replied with something I could pass on. All I got was one joker who wanted to know what my issues were, which are pretty much posted on the comment as I pointed out. But like this “justacomment” commentary there was not a word about the victim. I asked them if they had anything to say about the victim in the case, and have had no response. I hope you liked the letter in keeping with the situation


Commenter: Wade Jones
Thanks for the show on girls being accosted at work. My only family
member I was close too was my mother. Not a perfect relationship but a
valuable one. She suffered badly as I did thanks to dad. I was raised to
think like that also but got away from it while young. My thanks to
Susan who said "you are a nice guy, but you're a pig". I have seen and
been part of the victimizing of sexual predator behavior. I was
surprised to see such blatant behavior in the work place, the victimizer
with the knife will be back in the news again, somewhere. If you want to
see what I really think then google "milpitas cop molests girl case in
jeaoprady" and look at the San Jose Mercury story and go to the comment
section. I'm pogop. Thanks for the work, you do fine work.


Commenter: Cathy Burchett
I just watched the story on teenagers being sexually harassed on the job. This is not a new issue. The story took me back to 1972, when I was 17 years old, and working at my first job at a local family-owned
restaurant. I had gone down to the basement to get supplies, and, unbeknownst to me, the assistant manager followed me down. I turned around and found him right behind me. He whispered "I could rape you
right now if I wanted to, and you could scream, but no one would ever hear you." I was terrified. I grabbed the ketchup and ran back upstairs. I never went back down to the basement in that restaurant
again. I never told anyone either.

Sexual harassment laws were supposed to prevent this from happening anymore. Clearly things haven't changed all that much.


Commenter: Kathy Agosta
Investigate Starbucks.
My daughter and her collegues suffered the same treatment at several
Washington state locations. In this case management did know.
They received complaints and all they did was to move the offender to
another store.


Commenter: Justacomment
This report really is disappointing. As an attorney who owns businesses, I can tell you that the perpetrator of the harassment in these cases is never gone after, in my experience, except as they may be a witness. The EEOC never goes after the individual perpetrator financially either because there is nothing they can do to the individual or because they choose not to. He is named in the suit, but that is all. So they go after the company. The company cannot sue the perpetrator because you cannot sue your own employee (the law makes an employer liable for the acts of their agent) and even if you could, the costs of suing would generally exceed the assets of the employee. Plaintiffs and the EEOC go for the deep pockets and no one ever pursues the offender. The offender loses not one dime, except for his job, and that meant nothing until just recently. The offender has no incentive to stop offending. He moves on to offend again. In the end, the system is about money, not behavior. If it were, your report would state what happened to change the behavior of the offender.

Furthermore, even if the company is at fault, it still has to defend itself. It has an obligation to limit money damages. The system makes it difficult to fire the employee (whose testimony generally denys or mitigates the acts complained of) if the company needs the employee to defend itself. So the employee is generally retained until after the suit is resolved. The suit actually has a tendency to prolong his employment!

There is no incentive for attorneys to cure this behavior as this is their business. Offenders that offend again are good for business and many attorneys only do this type of work. Why would they want to fix it?

Lastly, companies are afraid to give out information about former employees because they fear being sued by that employee over a negative reference. So the behavior continues. Some large companies have a 900 number that you call which gives only dates of employment and job title.
They choose to make remaining silent a profit center. While you may say that the management or company owner is insensitive, the genesis of the problem is the offending staff member who is free to move on, without any penalty, and continue his perverse activity. The avenues to find out about offending employees are limited or non existent.

Your story misses the mark in many ways. If you really wanted to stop this activity, you would write a story that would change the system, starting with the offender. It's as if there is a rape in some local park and you spend your time trying to make the park safer and ignore the rapist. It is disappointing your view was so narrow.


Commenter: Grady Lee howard
Boys in their first job are also sexually harassed, and not always by
women. There are male sadists, not homosexuals per se, who enjoy forcing
pornography and themselves on vulnerable youngsters regardless of the
victim's sex or sexual orientation. It's horrible this happens in
prison, but it is becoming more common in the workplace. While Internet
porn and slipping norms have made this underground attitude more
acceptable among the aggressors it existed when I first worked in 1972,
and it meant I had to change jobs. Maria is correct about informing your
teenaged sons of their rights and responsibility to complain and report.
It's not worth the money to take it, or to look the other way.


Commenter: Linda Champanier
I found your story on sexual harassment of teens at work incredibly moving and well-done. It was truly shocking to hear that this kind of harassment is still tolerated in the workplace. Kudos to all involved with the story - it deserves much wider play.


Commenter: Mark Zilberman, LCSW
I feel compelled to respond to your recent program dealing with teenage
harassment in the workplace. It is hard to dispute the validity of the
cases you presented when they were centered on matters involving
physical contact. I am though, concerned about the verbal aspect.
Worksites have cultures and consideration must be made for that.

Another matter, which would surely not be dealt with on your show, are
the not infrequent spurious claims made by purported female victims.
These stories are legion. Everyone knows someone who's been involved in
these cases and situations. For many they are fabulous opportunites for
enrichment (BTW, who got to keep the $85K?). The law holds that a single
touch is assault. It must be unwanted. Within that lies the opportunity
for legal abuse. Only the accuser can decide. All touch is NOT assault.
The attorney who claimed that the law can ferret out the trivial from
true abuse is totally wrong. The general public knows of these abuses
and th
erefore will tend to roll their e
yes after watching your show. That is a tremendous shame because the
case you make is entirely valid.

I think some responsibility needs to be placed upon parents to educate
in plain language just exactly what is and is not acceptable in a
workplace. There's no excuse for these young women continuing their
employment or keeping quiet amidst such abuse. I understand the pressure
exerted by their cohorts but proper education from her parents probably
would go a long way to counter that. I think in the long run it will be
superior to litigation.


Commenter: Lou Es Greene
RE: Sexual Harassment of Teens in the Workplace.

Thank you for your important program this week. Close to 30 years ago, three female co-workers and I were sexually harassed by our department manager in the University bookstore where we worked. It wasn't until one woman stopped coming to work, that we sat down and talked. She had simply had enough and couldn't face be sexually harassed at work any more. That was when we found out that we were all being harassed.

At that time the only recourse I felt we had was to go to the Women’s Center on campus and let them know what was going on. They became our advocate with the University's administration. Unfortunately, nothing happened to our manager but a talking to and a restriction that he couldn’t have women working for him. We weren't happy with the Administration's actions, so we told all of our friends in the bookstore about our harassment, so everyone would be aware of what was happening and be careful around the manager. All this happened at the end of the school year; we were all seniors, so were soon gone.

To this day, I wonder if anything changed and hope that no other student or worker had to experience what we did. Your program brought my memories, confusion, pain, and guilt to the surface again. (I'm 55 years old.) What happened to us and to others, who are sexually harassed, is not "youthful horseplay". It is not fun. It is not wanted. It is not harmless. The harm and pain lasts a lifetime. You can find ways to live with and get beyond it, but it never goes away.

Again, thank you for bringing this problem to the public's attention. My hope is that your program will help to create awareness that will stop sexual harassment.


Commenter: Lynn Otte workonly.otte414@gmail.com
I as a former employee of a comapany I worked for for 5 years 7
months, experianced sexual harrassment, I was hurt physically, sexual
intimidation, verbal intimidation wth body language from my direct
supervisor that was a form of intimidation. When I quit I turned this
information in to the states workforce to apply for unemployment. I
went through a Tribunal Hearing, where the company supervisor /manager
lied under sworn testamony. I have been unemployed since November 2007.
I have applied for enough positions to wallpaper a house.............

I have a CD of the Tribunal Hearing, photos of the naked lady carved on
the door entry side, where I worked, written statements of repminded
threats from my direct supervisor, experianced physical intimidation,
verbal assult. I called the region's executive in Humane Resources,
explained what happened, nothing was done.

The others who witnessed this are / were to fearful of the consequenes
of losing their jobs, and beca
use of those responsible for the
above harrassmet were good friends over a period of 10 years, as the
other employees said, no one will do anything. I kept the photos,
papers, the CD of the Tribunal Hearings along with all the documents I
filed with this states unemployment office.
I would like to find a lawyer who will help me sue this company for
damages.
I have a good record as an outstanding employee with this company.
Over the 5 years, 7 months, I missed less than 10 days of work in that
timeline. Always gave notice if I was not going to be there.
I have this company on my resume as I did a professional job for the
position I held.
The time I was physically hurt, I called in and filed a complaint with
the Federal Goverment. but after the Tribunal Hearing I was so
emotionally beat down as I listened to this Superviser / Manager lie
under oath, just felt so defeated.
I would like help in finding a lawyer to sue this company. Thank-you
for your time and the program of the Teenagers who experia
nced the sexual, physical abuse..
....... I decided to see if there is someone who will help me sue this
company. Kind regards, Lynn Otte Phone 605-271-1724.


Commenter: Dawn Martin, Esquire
This story demonstrates that we need a course in high school/elementary school to teach a basic course in Labor or Workplace Law. I do disagree, however, that these girls are experiencing harassment for the first time at work. I think that the reason they often don't realize that it's illegal is because they are being harassed at school and in their neighborhoods by boys that are schoolmates and even "friends." Even teachers sometimes make inappropriate sexual remarks. The girls become used to it and are mocked for being too sensitive and not being able to take a joke with their peers. Employers of teenagers often have young, uneducated managers who think they can act like the teenage boys and get away with it because the girls will accept it and their employers don't care. Good for these girls and their parents suing! This prompts the employers to train their managers in sexual harassment -- as well as harassment based on race, ethnicity, religion, color, age and disability!


Commenter: Jamie
Interesting program. I like the access to videos that PBS is making available to the public. Keep up the good work.

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