EEOC Reinforces Broad Interpretation of ADAAA Disability Qualification: But What Does Substantially Limits Mean

Part I of this Article recognizes the difficulty in calculating how many workers are disabled. Such difficulties have been used by the courts to justify differing interpretations of what constitutes a disability. This Part also discusses the origin of the ADA and provides a brief overview of the 2008 ADAAA. Part I of the Article examines the United States Supreme Court\u27s interpretations that narrowed the construction of what is a substantial limitation and what is an ADA disability. This Part highlights the lack of consensus between the courts, Congress, and the EEOC, as well as the courts\u27 apparent disregard of the congressional intent that the ADA serve as a vehicle for meaningful protection of disabled workers. Part III discusses the 2008 amendments and the 2009 proposed EEOC regulations with particular focus on (a) the broad scope of disability protection; (b) the expansion of what qualifies as major life activities; (c) the broad construction of substantially limits ; and (d) the role of mitigating measures. Part IV examines limitations and ambiguities in the ADAAA, including the criteria for being regarded as having such an impairment, and identifies future disability-related challenges. The conclusion supports congressional intent to provide broader protection for disabled employees and addresses the inherent contradictions posed by the new EEOC definition of substantially limits. It also recognizes the difficulty in applying a definition that explains what the phrase does not mean rather than defining what it does mean. Finally, the conclusion recommends an alternate definition of a substantial limitation of a major life activity

Decay of Pressure Fluctuation in the Hyporheic Zone around a Cylinder

Erosion around a submerged cylinder is a well-studied problem, and is of particular interest in bridge pier scour applications. Particles erode when lift and drag forces overcome a critical threshold. These forces are typically studied from above the water-riverbed interface and are related to geometry and surficial processes. The present study maps hyporheic pressure fluctuations as they are related to surface water velocity fluctuations. Relatively, high-pressure events in the subsurface promote a destabilizing force from within the riverbed and increase the potential for the mobilization of sediment. Differential pressure transducers were fitted within a vertical cylinder in a movable bed flume. The pressure ports were flush with the cylinder surface and below the water-sand interface. The three orthogonal components of velocity were recorded synchronously with differential pressure measured over a 15 mm depth. As expected, results show decay in pressure fluctuations as a function of depth

Dataset associated with U.S. Apparel Manufacturers Survey

This dataset contains responses from 97 U.S. apparel manufacturers collected via an online survey during the fall of 2019. The apparel manufacturing sector in the U.S., as in many countries, has struggled with multiple disrupting factors contributing to the sector’s decline in firm continuance. Networks, serving to build domestic and international supply chain ties, may provide one solution for adapting the firm’s resources enhancing global competitiveness. The purpose of the study was to examine connections to entrepreneurs’ engagement in network ties from antecedents involving the firm’s knowledge absorptive capacity, business goals, entrepreneurial orientation, social interactions, and support from their environment.Firms do not continue and prosper purely on their own individual endeavors, as each firm is influenced by the activities of others, and thus direct and indirect relationships shape the firm’s strategic management. These relationships form the tactics by which knowledge and other strategically important resources are accessed and created. Forming and maintaining ties among members of a network have been the subject for numerous research studies in the social, economic, and business literature. Our work is framed by the resource-based view of the firm perspective along with social capital theory and its shared constructs in network theory. Prior findings suggest that networking ties are strategic actions generated for firm growth and continuance. The ties may be short-term or develop into long-term relationships. The purpose of this research is to fill some of the gaps in interorganizational networking strategy by analyzing five antecedents that have been suggested in the literature as individually associated with entrepreneurs’ engagement in network ties. In this way, our work provides another research avenue for examining networking’s contribution to strategic management. We hypothesized positive connections to entrepreneurs’ engagement in network ties from antecedents involving the firm’s knowledge absorptive capacity, business goals, entrepreneurial orientation, social interactions, and support from their environment. We tested our proposed macrolevel direct and moderating connections through an online survey of 125 U.S. apparel manufacturing firms. The apparel manufacturing sector in the U.S., as in many countries, has struggled with multiple disrupting factors contributing to the sector’s decline in firm continuance. Networks, serving to build domestic and international supply chain ties, may provide one solution for adapting the firm’s resources enhancing global competitiveness. Findings from OLS regression analyses support our hypothesized connections in that each of the five antecedents significantly contributed to entrepreneurs’ engagement in network ties; however, when all five were collectively examined only absorptive capacity, social interaction, and business goals were significant (R2 = 0.58). Further examination of moderation effects found the entrepreneurs’ perceptions of a supportive environment to modify both entrepreneurial orientation and business goals. The effects of a supportive environment on business goals’ relationship with network ties were greater when perceptions of a supportive environment decreased, while the effects of a supportive environment on entrepreneurship orientation’s relationship with network ties were greater when perceptions of a supportive environment increased. Future studies may direct attention to other industry sectors or countries for replication with larger sample sizes as we recognize the limitations to generalizability and scale refinement due to our limited sample size. Examining the five constructs sheds light on how an organization’s decisions may relate to engaging in networking and provides theoretical as well as practical implications that contributes to the larger organizational system framework.This material is based upon work supported by the National Science Foundation’s Science of Organizations Program under grant number 1660570

Offshore Oil Leasing: Trump Administration’s Environmentally Dangerous Energy Policy

The Trump administration’s Executive orders on Promoting Energy Independence and Economic Growth (“Energy Independence Order”) and Implementing an America-First Offshore Energy Strategy (“Offshore Energy Order”) set the stage to open over 90% of the continental shelf to offshore oil drilling from 2019–2024. The Offshore Energy Order ignores the statutory requirements of the Outer Continental Shelf Lands Act (“OCSLA”) and the National Environmental Policy Act (“NEPA”) to balance energy exploration with safeguards for marine life and the environment. We analyze the lack of express authority in OCSLA for the President to rescind its protective designations, in comparison to other laws that grant such authority. This Article discusses the traditional administrative processes for assessing environmental concerns with lease proposals, and contrasts those with the Trump administration’s proposals for streamlining the process. We examine the volatility of oil prices and the impact of hydraulic fracturing (“fracking”) on the viability of offshore leasing. While most mayors, governors, and senators of affected states oppose further offshore drilling, the Trump administration’s proposals ignore these stakeholders. This Article emphasizes the importance of minimizing environmental risks of offshore oil exploration and drilling, including threats to marine mammals and the fishing industry, as well as climate change implications of expanding fossil fuel exploration and use. More safety oversight is needed (including a reversal of the Trump administration’s discontinuance of the Methane Waste Rule, the Well Control Rule, and third-party audits of oil well blowout preventers). This Article concludes with the recommendation that it is imprudent to expand offshore drilling when conservation for future generations and protection of the environment is a more prudent course

What Works for Small Apparel Manufacturing: Issues Affecting Reshoring

This study is the first step in a National Science Foundation supported investigation of evolving innovative US supply chain linkages that support development of small apparel manufacturing centers across a southwestern state. We provide a case study of a small US apparel manufacturing business organized in 2014 to meet the needs of local and regional industry, while creating sustainable, dignified jobs. The company defined itself as, \u27a social enterprise with a sewing machine at its heart\u27. Researchers conducted in-depth interviews with the owner and founder of the manufacturing firm. Overall lessons learned that could advance emerging small manufacturing businesses include the importance of brand creation and building an organizational structure with cohesive alignment. Further research is needed, but there is the indication that the ability to collaborate or network with other similar small manufacturing centers could play an important role in meeting large orders or providing training for workers

Experimental Study of Soil Water Migration in Freezing Process

Soil water migration is a significant factor in the development of subgrade ice layers in permafrost areas. The prediction of moisture inflow to the freezing zone is an important element in the design and analysis of robust highway subgrade in permafrost regions. In order to better understand moisture inflow to the freezing zone, we designed an experimental investigation to monitor the variation of water content and temperature in freezing soil. Identical experiments were conducted using three different soil types: clay, silt, and fine sand. Moisture was supplied from the sample base while the column was maintained at a constant nonfreezing temperature and moisture equilibration was achieved. A temperature gradient was then applied to the sample via the application of a subfreezing temperature at the column surface. The changes in the temperature and water content of the sample were measured at regular time intervals. Based on the freezing rate, the freezing process can be classified into three stages: the quick frost stage, the transition frost stage, and the stable frost stage. During the freezing process, the inflow rates increased as the thickness of the ice lens increased. When the maximum rate was reached, the final (maximum) thickness of the ice lens was attained. Subsequently, the water inflow rates decreased. All of the water supplied from the bottom of the sample flowed into the frost section during the freezing process, with the moisture contents in the lower portion remaining relatively unchanged. The segregation potential changed with the freezing rate and soil type. This paper proposes the concept of “generalized segregation potential” to extend the traditional segregation potential concept. The use of this new concept with an existing moisture inflow prediction model provided excellent correspondence to measured inflow rates for all three study soils in the early and late stages of the test but overpredicted the inflow rates in the mid-range of the test

Huron-to-Erie Water Quality Data Platform

To address the challenges of environmental degradation, creation of a sustainable urban environment, and increased public engagement and awareness, a mass-oriented, user-friendly and cloud-based data platform has been developed and deployed to provide integrative water quality data in one of the most critical urban corridors of the Laurentian Great Lakes system. In this paper, we describe the data platform developed for the watershed and connecting channels between Lake Huron and Lake Erie, including the St. Clair River, Lake St. Chair, and the Detroit River. This data platform greatly facilitates the access of data across data providers and agencies. Several example applications are provided of platform use for temporal and spatial characterization of intake water source quality and urban beach health through consideration of Escherichia coli, Dissolved Oxygen, pH, and blue-green algae detections along the Huron-to-Erie corridor. Although data collection for each of these parameters was designed for unique purposes and supported through varied agencies, this paper shows the collective advantages of applying the data beyond the original scope of collection

Developing a Family of Curves for the HEC-18 Scour Equation

Accurate pier scour predictions are essential to the safe and efficient design of bridge crossings. Current practice uses empirical formulas largely derived from laboratory experiments to predict local scour depth around single-bridge piers. The resulting formulas are hindered by insufficient consideration of scaling effects and hydrodynamic forces. When applied to full-scale designs, these formula deficiencies lead to excessive over prediction of scour depths and increased construction costs. In an effort to improve the predictive capabilities of the HEC-18 scour model, this work uses field-scale data and nonlinear regression to develop a family of equations optimized for various non-cohesive soil conditions. Improving the predictive capabilities of well-accepted equations saves scarce project dollars without sacrificing safety. To help improve acceptance of modified equations, this work strives to maintain the familiar form of the HEC- 18 equation. When compared to the HEC-18 local pier scour equation, this process reduced the mean square error of a validation data set while maintaining over prediction