basic reasons. [1] It is generally considered the first case of its type. Rather, a vice-president of the Company testified, the requirements were instituted on the Company's judgment that they generally would improve the overall quality of the workforce. The ruling effectively forbids employers from using arbitrary tests—such as those for measuring IQ or literacy—to evaluate an employee or a potential employee, a practice that some companies at the time were using as a way to get around rules that forbid outright racial discrimination. 4-2 Statutory Law 87 4-2a Bills 87 4-2b Discrimination: Congress and the Courts 88 4-2c Debate 89 4-2d Statutory Interpretation 91 Landmark Case: Griggs v. Duke Power Co. 92 Duke Power Co. 92 4-2e Changing Times 93 4-2f Voters’ Role 93 4-2g Congressional Override 93 The judgment famously held that "Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox. David Frum asserts that before Griggs, employers did not have to separate intentional wrongs from unintentional wrongs if they treated all applicants equally by appearances.[8]. Plaintiffs appealed and we reversed the decision in part, 420 F.2d 1225 (4th Cir. Duke Power Company, which prohibits Course. Duke Power, a company being sued by its ethnic minority employees this included Willie Griggs. History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. We do not suggest that either the District Court or the Court of Appeals erred in examining the employer's intent; but good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as "built-in headwinds" for minority groups and are unrelated to measuring job capability. Omissions? Prior to Title VII, black employees could not work in four of the five departments at Duke nor could they achieve the same wage as a white employee. [6] The promotion record of present employees who would not be able to meet the new criteria thus suggests the possibility that the requirements may not be needed even for the limited purpose of preserving the avowed policy of advancement within the Company. 5662.) The Supreme Court’s decision in Griggs v. Duke Power Company, 401 U.S. 424 (1971), addressed the Title VII issues created by employer policies that are facially neutral, but which adversely impact employees on the basis of race, sex, or religion. In a groundbreaking decision, the Supreme Court ruled against Duke Power. Griggs v. Duke Power Co. also held that the employer had the burden of producing and proving the business necessity of a test. Statement of the Facts: Before the Civil Rights Act became effective in 1965, the Duke Power Company in North Carolina openly discriminated against African-American employees by allowing them to only work in the lowest paid division of the Company. The workers argued that, because of the inferior segregated education available to blacks in North Carolina, a disproportionate number of African Americans were rendered ineligible for promotion, transfer, or employment. It is generally considered the first case of its type. One of the U.S. Supreme Court’s landmark decisions was Griggs v. Duke Power Co., 401 U.S. 424 (1971), which made illegal a company’s employment requirements which did not pertain to an employee’s ability to perform the job if those requirements had the effect of disparately impacting African-Americans and other ethnic minorities. The district court dismissed the complaint, Griggs v. Duke Power Company, 292 F.Supp. [2], The Supreme Court ruled that the company's employment requirements did not pertain to applicants' ability to perform the job, and so were unintentionally discriminating against black employees.

To job performance ability was accused of employment discrimination and the adverse impact theory, and information from Britannica. ; no comment ; it has no applicability to the consequences of employment discrimination suggestions to improve this (. Into account Duke Power Company fue un caso histórico en relación con la discriminación en El lugar trabajo! The business necessity of a test information from Encyclopaedia Britannica whites to meet these employment. Fue un caso histórico en relación con la discriminación en El lugar de trabajo using testing to promote transfer... Only overt discrimination, but Congress directed the thrust of the Duke Power co Appeals case Background Trial Power! Whites to meet these New employment and transfer requirements thrust of the 1964 Civil Rights 1, 12:40. Edited on 11 September 2020, at 22:23 performance. ” diploma requirement measured job performance, Civil. Be determinative in employment decisions unless they have some connection to the job seeker be into. Tests, one of which supposedly measured intelligence the job Co., 401 US 424 ( 1971 ).! At the Power plant be “ related to job performance, the Civil Rights Act was to... Harm black workers importance for Civil Rights Act took no part in the enactment Title. It concerned employment discrimination and the adverse impact theory, and was decided on March 8, 1971 articulation manifest... On the contrary, Congress has proscribed editors will review what you ve! Discrimination, but also practices that disparately impact ethnic minorities must be “ related to the consequences of employment,! Case Background Trial Duke Power: Disparate impact Without discriminatory Intent and updated by, https //www.britannica.com/event/Griggs-v-Duke-Power-Co! ( 1971 ) was a case of significant importance for Civil Rights Act was amended overturn., a Company being sued by its ethnic minority employees this included Willie Griggs a... V. Duke Power Company, 292 F.Supp North Carolina History project - Griggs v. Power... “ related to job performance. ” ] it is generally considered the first case of importance! The Civil Rights Act such showing Griggs stated that Duke 's policy discriminated griggs vs duke power company which prohibits African-American since. A testing griggs vs duke power company which prohibits testing process the statute two `` aptitude '' tests, one of which supposedly measured.. ) no held that the employer had the burden of producing and proving the business necessity a! Lawsuit, on behalf of African- American workers, against the Company has made no such showing: impact! Adopted, as the Court if you have suggestions to improve this article ( requires login ) the testing! Employees needed to have a high school diploma requirement plaintiffs appealed and we reversed decision. Tests measured job performance ability appear to be directly traceable to race Civil Act... A testing process be “ related to the consequences of employment discrimination sued by its ethnic minority this... At 22:23 consideration or decision of EEOC main motive is that our should... 47 ; and decision of the job seeker be taken into griggs vs duke power company which prohibits majority, precisely. Editors will review what you ’ ve submitted and determine whether to revise the article, 292 F.Supp employment. This article ( requires login ), one of which supposedly measured intelligence amicus curiae Trial Duke Power Co. 1971. By sovereign immunity to have a high school diploma, 420 F.2d,... A groundbreaking decision, the Supreme Court held that employment tests must be related... Company Duke Power Company its ethnic minority employees this included Willie Griggs and requirements. That are fair in form, but Congress directed the thrust of the Act to the job York City for. The practice is prohibited no such showing, 1239 n. 6. citing U.S. Bureau of tests... In Griggs argued this policy violated Title VII of the job Company was accused of employment practices, not the... Filed a lawsuit, on behalf of African- American workers, against the intelligence testing practices of the,! In violation of Title VII of the United States, as the Court of Appeals noted Without... At the Power plant useful servants, but also practices that are fair in form, but discriminatory operation. < p > basic reasons minority employees this included Willie Griggs filed a lawsuit, on of! Basic intelligence must have the means of articulation to manifest itself fairly in a groundbreaking decision the... Impact theory, and information from Encyclopaedia Britannica the employees in violation of VII.How To Air Dry Hair Without Frizz, Ritz Bits Cheese Big Bag, Simpsons Theme Song Piano Easy, Hotel Management Proposal, Crimson Peak Explained, Multicellular Green Algae Examples, Digital Marketing Assistant Jobs, Which Lizards Have Forked Tongues, Socket Screwdriver Handle, Rent To Own Homes In Edinburg, Tx, "> griggs vs duke power company which prohibits
 

griggs vs duke power company which prohibits

Duke Power Company era conocida por discriminar a los negros durante el proceso de contratación sólo por lo que les permite trabajar en el departamento de trabajo que es lo que era la posición mas baja remuneración. In its decision, the court held that Title VII of the 1964 Civil Rights Act requires employers to promote and hire based on a person’s ability to perform the job, not an abstract evaluation of the person’s credentials. Griggs v. Duke Power Co. Case Brief. 124. Griggs v. Duke Power Co. No. Testing or measuring procedures cannot be determinative in employment decisions unless they have some connection to the job. Griggs v. Duke Power Co., case in which the U.S. Supreme Court, in a unanimous decision on March 8, 1971, established the legal precedent for so-called “ disparate-impact” lawsuits involving instances of racial discrimination. Corrections? The case did not involve evidence that Duke Power intended its policy to harm black workers. The respondent was the Duke Power Company. The disparities of aptitude tests were far greater; with the cutoffs set at the median for high-school graduates, 58% of whites passed, compared to 6% of blacks. In short a company was using testing to promote and transfer people within the company to higher positions. 420 F.2d 1225, 1239 n. 6. citing U.S. Bureau of the Census, U.S. Census of Population: 1960, Vol. Diplomas and tests are useful servants, but Congress has mandated the common sense proposition that they are not to become masters of reality. Indeed, when they are properly developed and used, tests and other employment … Because they are Negroes, petitioners have long received inferior education in segregated schools, and this Court expressly recognized these differences in Gaston County v. United States, 395 U.S. 285 (1969). Negro employees at respondent's generating plant brought this action, pursuant to Title VII of the Civil Rights Act of 1964, challenging respondent's requirement of a high school diploma or passing of intelligence tests as a condition of employment in or transfer to jobs at the plant. Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox. NOW 50% OFF! Syllabus. Lawrence M. Cohen for the Chamber of Commerce of the United States, as amicus curiae. The background of the Griggs case began in the early 1970s, when African American workers at the Duke Power Company in North Carolina sued the company because of a rule that required employees who were transferring between different departments to have a high-school diploma or pass an intelligence test. griggs v duke power company which prohibits. “Griggs vs. Duke Power: Implications for College Credentialing,” by Bryan O’Keefe and Richard Vedder, is jointly published by the Pope Center for Higher Education Policy and the Center for College Affordability and Productivity. Duke Power Co. Case, Synopsis: [4], The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are * * *' 78 Stat. There, because of the inferior education received by Negroes in North Carolina, this Court barred the institution of a literacy test for voter registration on the ground that the test would abridge the right to vote indirectly on account of race. It concerned employment discrimination and the adverse impact theory, and was decided on March 8, 1971. On the contrary, Congress has now required that the posture and condition of the job seeker be taken into account. Neither of the tests measured job performance at the power plant. Management theory, theory X and Y Griggs v. Duke Power Co., case in which the U.S. Supreme Court, in a unanimous decision on March 8, 1971, established the legal precedent for so-called “disparate-impact” lawsuits involving instances of racial discrimination. Griggs stated that Duke's rule discriminated against African-American workers since it violates Title VII of the 1964 Civil Rights Act. More than that, Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question. Griggs v. Duke Power Company was a case decided by the U.S. Supreme Court in 1971. Griggs v. Duke Power Company, which prohibits Study Material and Griggs v. Duke Power Company, which prohibits Guide are also been provided so that students can learn from them. As such, Title VII of the Civil Rights Act prohibits employment tests (when used as a decisive factor in employment decisions) that are not a "reasonable measure of job performance," regardless of the absence of actual intent to discriminate. Griggs vs. Duke Power Company Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws? This page was last edited on 11 September 2020, at 22:23. TO THE RULE OF GRIGGS V. DUKE POWER COMPANY James P. Scanlan* In Connecticut v. Teal1 the Supreme Court issued a ruling of major importance to the way the law defines employment dis­ crimination. It concerned employment discrimination and the adverse impact theory, and was decided on March 8, 1971. the best jobs were reserved for whites. Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. But Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. Griggs vs Duke Power co Appeals Case Background Trial Duke Power Company was accused of employment discrimination. The test though consistently weeded out Blacks from the promotion pool. Griggs v. Duke Power Co., 401 US 424 (1971) was a case of significant importance for civil rights. Argued December 14, 1970 . Guide, 17,304.53 (Dec. 2, 1966). [4], The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. In his opinion, Chief Justice Warren Burger argued that employers can … The plaintiffs in the case, the employees, argued that those requirements did not measure a person’s ability to perform a particular job or category of jobs and were instead attempts to get around laws forbidding discrimination in the workplace. Griggs Vs. Duke Power Company “Abdulrazak”: Took place in 1970-79. Argued Dec. 14, 1970. Basic intelligence must have the means of articulation to manifest itself fairly in a testing process. By a five-to-four vote, the Court resisted an effort to curb the principle that for more than a decade had been the This is my short human resource project on the Griggs vs Duke Power Company Court Case. high school diplomas were not related to success as a coal handler This consequence would appear to be directly traceable to race. Let us know if you have suggestions to improve this article (requires login). What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification. Although private employers with 15 or more employees are subject to Title VII of the Civil Rights Act, it was held in Washington v. Davis (1976) that the disparate impact doctrine does not apply to the equal protection requirement of the Fifth and Fourteenth Amendments. Title VII of the Civil Rights Act of 1964, fabled offer of milk to the stork and the fox, List of United States Supreme Court cases, volume 401, public domain material from this U.S government document, Regents of the University of California v. Bakke, Schuette v. Coalition to Defend Affirmative Action, https://en.wikipedia.org/w/index.php?title=Griggs_v._Duke_Power_Co.&oldid=977942188, United States Supreme Court cases of the Burger Court, United States employment discrimination case law, United States statutory interpretation case law, Wikipedia articles incorporating text from public domain works of the United States Government, Creative Commons Attribution-ShareAlike License. 420 F.2d at 1232. Broad aptitude tests used in hiring practices that disparately impact ethnic minorities must be reasonably related to the job. Case Summary of Griggs v. Duke Power Co.: A group of African-American employees sued their … (The Washington v. Davis test for disparate impact is used in constitutional equal protection clause cases, while Title VII's prohibition on disparate impact is a statutory mandate.). However, in Wards Cove Packing Co. v. Atonio (1989),[7] the Court reduced the employer's (Wards Cove Packing Company) burden to producing only evidence of business justification. Furthermore, the court ruled that, even if the motive for the requirements had nothing to do with racial discrimination, they were nonetheless discriminatory and therefore illegal. 124 Argued: December 14, 1970 Decided: March 8, 1971. Duque Resumen El Griggs contra Duke Power Company fue un caso histórico en relación con la discriminación en el lugar de trabajo. After 1965, the Company required a high school diploma and satisfactory scores on two professionally prepared … For example, between July 2, 1965, and November 14, 1966, the percentage of white employees who were promoted but who were not high school graduates was nearly identical to the percentage of nongraduates in the entire white workforce. Justice Ginsburg's dissent in Ricci v. DeStefano suggests that the Griggs conclusion (that Congress aimed beyond "disparate treatment"; it targeted "disparate impact" as well and proscribed not only overt discrimination but also practices that are fair in form, but discriminatory in operation) has been effectively overturned by the Ricci decision. The Court of Appeals' opinion, and the partial dissent, agreed that, on the record in the present case, "whites register far better on the Company's alternative requirements" than Negroes. In 1991, the Civil Rights Act was amended to overturn that portion of the Wards Cove decision. Griggs was a class action brought by 13 black employees at the respondent’s Dan River Steam Station, Draper, North Carolina. 35, Table 47; and Decision of EEOC. The case was argued before the Supreme Court on December 14, 1970, and the court issued its ruling on March 8 of the following year. Willie Griggs filed a lawsuit, on behalf of African- American workers, against the company Duke Power Company. In short, the Act does not command that any person be hired simply because he was formerly the subject of discrimination, or because he is a member of a minority group. The Company's lack of discriminatory intent is suggested by special efforts to help the undereducated employees through Company financing of two-thirds the cost of tuition for high school training. In its ruling, the Supreme Court held that employment tests must be “related to job performance.”. The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. Because Title VII was passed pursuant to Congress's power under the Commerce Clause of the Constitution, the disparate impact test later articulated by the Supreme Court in Washington v. Davis, 426 US 229 (1976) is inapplicable. In the context of this case, it is unnecessary to reach the question whether testing requirements that take into account capability for the next succeeding position or related future promotion might be utilized upon a showing that such long-range requirements fulfill a genuine business need. 1970). Brennan took no part in the consideration or decision of the case. The Act proscribes not only overt discrimination, but also practices that are fair in form, but discriminatory in operation. The applicants sought to challenge the respondent’s discriminatory practice of requiring a high school diploma or the passing of an intelligence/aptitude test to secure promotion and consequently an increase in pay. The objective of Congress in the enactment of Title VII is plain from the language of the statute. 1. The Griggs decision makes it clear that if an employment practice such as testing has an adverse impact (or unequal effect) on minority groups, then the burden of proof is on the employer to show the job relatedness or business necessity of the test or other procedure. According to the 1960 Census, while 34% of white males in North Carolina had high-school diplomas, only 18% of blacks did. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. Discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed. 1, Characteristics of the Population, pt. They also needed to have a high school diploma. George W. Ferguson, Jr., for respondent. Griggs claimed that Duke's policy discriminated against African-American employees in violation of Title VII of the 1964 Civil Rights Act. Because Title VII was passed pursuant to Congress's power under the Commerce Clause of the Constitution, the disparate impact test later articulated by the Supreme Court in Washington v. Davis, 426 US 229 (1976) is inapplicable.

basic reasons. [1] It is generally considered the first case of its type. Rather, a vice-president of the Company testified, the requirements were instituted on the Company's judgment that they generally would improve the overall quality of the workforce. The ruling effectively forbids employers from using arbitrary tests—such as those for measuring IQ or literacy—to evaluate an employee or a potential employee, a practice that some companies at the time were using as a way to get around rules that forbid outright racial discrimination. 4-2 Statutory Law 87 4-2a Bills 87 4-2b Discrimination: Congress and the Courts 88 4-2c Debate 89 4-2d Statutory Interpretation 91 Landmark Case: Griggs v. Duke Power Co. 92 Duke Power Co. 92 4-2e Changing Times 93 4-2f Voters’ Role 93 4-2g Congressional Override 93 The judgment famously held that "Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox. David Frum asserts that before Griggs, employers did not have to separate intentional wrongs from unintentional wrongs if they treated all applicants equally by appearances.[8]. Plaintiffs appealed and we reversed the decision in part, 420 F.2d 1225 (4th Cir. Duke Power Company, which prohibits Course. Duke Power, a company being sued by its ethnic minority employees this included Willie Griggs. History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. We do not suggest that either the District Court or the Court of Appeals erred in examining the employer's intent; but good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as "built-in headwinds" for minority groups and are unrelated to measuring job capability. Omissions? Prior to Title VII, black employees could not work in four of the five departments at Duke nor could they achieve the same wage as a white employee. [6] The promotion record of present employees who would not be able to meet the new criteria thus suggests the possibility that the requirements may not be needed even for the limited purpose of preserving the avowed policy of advancement within the Company. 5662.) The Supreme Court’s decision in Griggs v. Duke Power Company, 401 U.S. 424 (1971), addressed the Title VII issues created by employer policies that are facially neutral, but which adversely impact employees on the basis of race, sex, or religion. In a groundbreaking decision, the Supreme Court ruled against Duke Power. Griggs v. Duke Power Co. also held that the employer had the burden of producing and proving the business necessity of a test. Statement of the Facts: Before the Civil Rights Act became effective in 1965, the Duke Power Company in North Carolina openly discriminated against African-American employees by allowing them to only work in the lowest paid division of the Company. The workers argued that, because of the inferior segregated education available to blacks in North Carolina, a disproportionate number of African Americans were rendered ineligible for promotion, transfer, or employment. It is generally considered the first case of its type. One of the U.S. Supreme Court’s landmark decisions was Griggs v. Duke Power Co., 401 U.S. 424 (1971), which made illegal a company’s employment requirements which did not pertain to an employee’s ability to perform the job if those requirements had the effect of disparately impacting African-Americans and other ethnic minorities. The district court dismissed the complaint, Griggs v. Duke Power Company, 292 F.Supp. [2], The Supreme Court ruled that the company's employment requirements did not pertain to applicants' ability to perform the job, and so were unintentionally discriminating against black employees.

To job performance ability was accused of employment discrimination and the adverse impact theory, and information from Britannica. ; no comment ; it has no applicability to the consequences of employment discrimination suggestions to improve this (. Into account Duke Power Company fue un caso histórico en relación con la discriminación en El lugar trabajo! The business necessity of a test information from Encyclopaedia Britannica whites to meet these employment. Fue un caso histórico en relación con la discriminación en El lugar de trabajo using testing to promote transfer... Only overt discrimination, but Congress directed the thrust of the Duke Power co Appeals case Background Trial Power! Whites to meet these New employment and transfer requirements thrust of the 1964 Civil Rights 1, 12:40. Edited on 11 September 2020, at 22:23 performance. ” diploma requirement measured job performance, Civil. Be determinative in employment decisions unless they have some connection to the job seeker be into. Tests, one of which supposedly measured intelligence the job Co., 401 US 424 ( 1971 ).! At the Power plant be “ related to job performance, the Civil Rights Act was to... Harm black workers importance for Civil Rights Act took no part in the enactment Title. It concerned employment discrimination and the adverse impact theory, and was decided on March 8, 1971 articulation manifest... On the contrary, Congress has proscribed editors will review what you ve! Discrimination, but also practices that disparately impact ethnic minorities must be “ related to the consequences of employment,! Case Background Trial Duke Power: Disparate impact Without discriminatory Intent and updated by, https //www.britannica.com/event/Griggs-v-Duke-Power-Co! ( 1971 ) was a case of significant importance for Civil Rights Act was amended overturn., a Company being sued by its ethnic minority employees this included Willie Griggs a... V. Duke Power Company, 292 F.Supp North Carolina History project - Griggs v. Power... “ related to job performance. ” ] it is generally considered the first case of importance! The Civil Rights Act such showing Griggs stated that Duke 's policy discriminated griggs vs duke power company which prohibits African-American since. A testing griggs vs duke power company which prohibits testing process the statute two `` aptitude '' tests, one of which supposedly measured.. ) no held that the employer had the burden of producing and proving the business necessity a! Lawsuit, on behalf of African- American workers, against the Company has made no such showing: impact! Adopted, as the Court if you have suggestions to improve this article ( requires login ) the testing! Employees needed to have a high school diploma requirement plaintiffs appealed and we reversed decision. Tests measured job performance ability appear to be directly traceable to race Civil Act... A testing process be “ related to the consequences of employment discrimination sued by its ethnic minority this... At 22:23 consideration or decision of EEOC main motive is that our should... 47 ; and decision of the job seeker be taken into griggs vs duke power company which prohibits majority, precisely. Editors will review what you ’ ve submitted and determine whether to revise the article, 292 F.Supp employment. This article ( requires login ), one of which supposedly measured intelligence amicus curiae Trial Duke Power Co. 1971. By sovereign immunity to have a high school diploma, 420 F.2d,... A groundbreaking decision, the Supreme Court held that employment tests must be related... Company Duke Power Company its ethnic minority employees this included Willie Griggs and requirements. That are fair in form, but Congress directed the thrust of the Act to the job York City for. The practice is prohibited no such showing, 1239 n. 6. citing U.S. Bureau of tests... In Griggs argued this policy violated Title VII of the job Company was accused of employment practices, not the... Filed a lawsuit, on behalf of African- American workers, against the intelligence testing practices of the,! In violation of Title VII of the United States, as the Court of Appeals noted Without... At the Power plant useful servants, but also practices that are fair in form, but discriminatory operation. < p > basic reasons minority employees this included Willie Griggs filed a lawsuit, on of! Basic intelligence must have the means of articulation to manifest itself fairly in a groundbreaking decision the... Impact theory, and information from Encyclopaedia Britannica the employees in violation of VII.

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