Within the context of a background verify, “think about” as a verb signifies the cautious analysis and evaluation of data revealed in the course of the course of. This means that the entity conducting the verify usually an employer, landlord, or licensing company will thoughtfully weigh the relevance, accuracy, and potential influence of any antagonistic findings on the applicant’s suitability. As an illustration, a legal report could be found. The entity will then think about the character of the offense, its recency, and its relationship to the precise function or alternative being evaluated.
The crucial to correctly consider info obtained from background checks is important for a number of causes. It balances the necessity for knowledgeable decision-making with the rules of equity and authorized compliance. A hasty or superficial judgment primarily based solely on a background verify may result in discriminatory practices and doubtlessly violate anti-discrimination legal guidelines. Moreover, an intensive consideration permits the entity to grasp the context behind any antagonistic info, doubtlessly uncovering mitigating components or rehabilitation efforts that show an applicant’s modified habits or suitability. Traditionally, an absence of nuance in evaluating background verify knowledge has led to unfair barring of certified people from alternatives.
The components influencing this analysis, the authorized framework surrounding background checks, and greatest practices for accountable evaluation are essential components when in search of to grasp the total influence of background info. These components assist to make sure each the safety of people’ rights and the security and safety of organizations and communities.
1. Relevance
The idea of relevance is basically intertwined with the that means of “think about” within the context of background checks. It dictates which items of data obtained in the course of the verify are pertinent to the choice at hand. A background verify can unearth quite a lot of particulars about a person, however not all particulars are equal. The precept of relevance ensures that solely info instantly bearing on the applicant’s suitability for a particular function or alternative is given weight within the analysis course of. For instance, whereas a previous misdemeanor conviction for public intoxication could be related to a place requiring accountable dealing with of alcohol, it might possible be irrelevant to a clerical place that requires no such dealing with. Disregarding the idea of relevance can result in unfair, discriminatory, and doubtlessly unlawful decision-making.
Relevance isn’t a static evaluation. It should be decided relative to the precise necessities and obligations of the place in query. This necessitates a transparent understanding of the job description, the inherent dangers related to the function, and the requirements of conduct anticipated of staff. Organizations should additionally pay attention to authorized limitations on what kinds of info could be thought of. As an illustration, some jurisdictions prohibit using arrest information that didn’t lead to convictions, deeming them irrelevant to assessing a person’s current {qualifications}. Failure to contextualize findings inside this framework may end up in choices primarily based on incomplete or deceptive info.
In abstract, relevance acts as a filter, making certain that the consideration course of focuses solely on info demonstrably related to a person’s capacity to carry out a job or fulfill the obligations of a chance responsibly and legally. An absence of relevance undermines the integrity of the decision-making course of, rising the danger of unfair outcomes and potential authorized challenges. Its efficient utility requires each an intensive understanding of authorized and moral rules and a cautious evaluation of the precise necessities of every scenario.
2. Accuracy
Accuracy is an indispensable element of the “think about” course of inside background checks. The act of rigorously evaluating info gleaned from a background verify hinges on the reliability of that info. Inaccurate knowledge, whether or not stemming from clerical errors, outdated information, or misidentification, introduces the potential for flawed assessments and unjust choices. As an illustration, an employer contemplating a candidate’s suitability for a monetary function could be unduly influenced by an incorrect report of a previous chapter, resulting in a rejection primarily based on false pretenses. The impact is a compromised analysis that disregards the true deserves and {qualifications} of the person in query.
The significance of accuracy extends past equity to the applicant; it additionally safeguards the pursuits of the entity conducting the background verify. A choice predicated on inaccurate knowledge can expose the group to authorized legal responsibility, reputational injury, and the potential for hiring or partaking a person who’s, in actuality, unqualified or unsuitable. Contemplate a scenario the place a healthcare facility, counting on a flawed background verify, hires a nurse with a historical past of affected person neglect that was erroneously omitted from the report. The potential penalties, starting from affected person hurt to litigation, underscore the essential want for verifiable and exact info.
In conclusion, accuracy acts because the bedrock upon which accountable consideration in background checks is constructed. Faulty knowledge undermines all the analysis course of, doubtlessly leading to unfair outcomes for people and creating dangers for organizations. Diligence in verifying the integrity of background verify info is due to this fact not merely a greatest follow however a basic requirement for moral and legally compliant decision-making. Addressing inaccuracies via sturdy verification protocols and applicant dispute mechanisms is essential for making certain the reliability and equity of the background verify course of as a complete.
3. Recency
Recency, throughout the framework of contemplating background verify info, refers back to the temporal proximity of previous occasions to the current decision-making course of. Its significance lies within the understanding that the relevance and weight of previous actions could diminish over time because of components akin to private progress, rehabilitation, and adjustments in societal norms.
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Diminishing Relevance
The relevance of previous occasions typically decreases with time. A minor infraction dedicated a few years in the past could maintain much less weight than an analogous incident occurring just lately. This precept acknowledges that folks can change and be taught from their errors. For instance, a youthful indiscretion, akin to a minor theft conviction from a decade prior, ought to usually be thought of much less related than a current occasion of fraud when evaluating a candidate for a place of economic accountability. The “think about” course of includes assessing whether or not the previous occasion nonetheless precisely displays the person’s character and present capabilities.
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Statutory Limitations and Reporting Restrictions
Many jurisdictions impose statutory limitations on the reporting of sure kinds of info in background checks. These limitations typically fluctuate primarily based on the severity of the offense and the size of time that has elapsed. As an illustration, some states prohibit employers from contemplating legal information older than a specified variety of years. These legal guidelines instantly influence the “think about” stage by defining the parameters of what info could be legally taken into consideration. The choice-making entity should adhere to those restrictions, making certain that choices are usually not primarily based on legally inadmissible info.
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Proof of Rehabilitation and Modified Conduct
The passage of time permits for alternatives of rehabilitation and the demonstration of modified habits. A background verify could reveal a previous mistake, however it’s important to think about whether or not the person has taken steps to rectify the scenario and show a dedication to law-abiding habits. Proof of rehabilitation, akin to profitable completion of a rehabilitation program, constant employment, or neighborhood involvement, can considerably affect the “think about” course of. Latest actions indicating a optimistic trajectory can mitigate the destructive influence of older, doubtlessly much less related incidents.
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Contextual Shifts and Evolving Societal Norms
Societal norms and authorized requirements can change over time, doubtlessly altering the importance of previous occasions. An motion that was thought of a severe offense prior to now could be seen in another way within the current. For instance, attitudes in direction of sure kinds of drug offenses have advanced in lots of jurisdictions, resulting in extra lenient sentencing and expungement alternatives. The “think about” course of should account for these contextual shifts, making certain that previous actions are evaluated in gentle of present norms and requirements.
The interaction of diminishing relevance, statutory limitations, proof of rehabilitation, and contextual shifts illustrates the nuanced function of recency within the “think about” course of. By integrating an understanding of those sides, the analysis of background verify info turns into extra balanced, truthful, and aligned with the rules of second probabilities and rehabilitation.
4. Severity
Severity, within the context of what info a decision-maker should consider in a background verify, pertains to the diploma of seriousness related to any antagonistic findings revealed in the course of the course of. This consideration includes assessing the character of an offense, its potential influence, and the results that resulted. The diploma of severity considerably influences the burden assigned to the knowledge in the course of the evaluative part. Extra extreme findings inherently warrant nearer scrutiny because of their larger potential implications. As an illustration, a conviction for a violent crime would carry a far larger weight than a minor visitors violation when evaluating a candidate for a place involving public security. The cause-and-effect relationship is direct: elevated severity necessitates a extra thorough evaluation of the related dangers and implications.
The sensible significance of understanding the severity of background verify findings lies in its influence on equitable decision-making. A blanket disqualification primarily based solely on the existence of a legal report, with out consideration of the crime’s severity, can result in unfair outcomes. For instance, a person with a decade-old felony conviction for a non-violent offense who has since demonstrated a dedication to rehabilitation could also be unjustly denied employment if the severity of the previous offense isn’t balanced in opposition to their present circumstances. Equally, the severity of a civil judgment, akin to a big debt owed, ought to be rigorously thought of within the context of the person’s total monetary historical past and their demonstrated capacity to handle their funds. Subsequently, the severity evaluation should be nuanced and context-dependent.
Finally, the consideration of severity serves as a essential safeguard in opposition to disproportionate reactions to previous incidents revealed on background checks. Failure to correctly assess severity may end up in unintended discriminatory practices and the exclusion of in any other case certified people from alternatives. A dedication to rigorously weighing the severity of findings, alongside different components akin to recency, relevance, and rehabilitation, is important for making certain that background checks are used responsibly and ethically. This complete analysis promotes equity and aligns decision-making with the rules of justice and fairness.
5. Context
Context performs a pivotal function in figuring out what “think about” means in the course of the evaluate of background verify findings. The circumstances surrounding an occasion considerably alter its interpretation and relevance. An remoted incident of misconduct, when examined in its historic and situational context, could reveal mitigating components that will in any other case be neglected if thought of in isolation. For instance, a previous monetary transgression could be seen in another way if it occurred throughout a interval of widespread financial hardship, job loss, and private disaster, in comparison with an occasion of calculated fraud. Equally, a youthful indiscretion would possibly warrant leniency whether it is demonstrably out of character for the person as an grownup, evidenced by a constant report of accountable habits. The cause-and-effect relationship between the context and the interpretation of background verify knowledge is simple, influencing whether or not a person is deemed an appropriate candidate or is unfairly penalized for previous actions.
The sensible utility of contextual understanding extends to authorized compliance and moral concerns. Employment legal guidelines typically require employers to think about the nexus between a legal conviction and the job being sought. This necessitates a cautious evaluation of the context of the crime, together with its nature, severity, and the person’s subsequent rehabilitation efforts. Ignoring the context can result in discriminatory practices, violating anti-discrimination legal guidelines and doubtlessly exposing organizations to authorized liabilities. Moreover, in industries requiring excessive ranges of belief and integrity, an intensive contextual evaluation helps to differentiate between people who genuinely pose a danger and people whose previous actions don’t precisely mirror their present character or competence. For instance, within the healthcare sector, a previous substance abuse challenge, when coupled with documented restoration and ongoing monitoring, could not essentially disqualify a candidate if the context signifies a sustained dedication to sobriety and accountable conduct.
In conclusion, the importance of context throughout the “think about” course of can’t be overstated. It types the lens via which background verify info is seen and evaluated. Disregarding context results in a superficial evaluation, doubtlessly leading to biased choices and unfair outcomes. A holistic method that includes an intensive understanding of the circumstances surrounding previous occasions, alongside different related components, ensures that background checks are used responsibly and ethically, selling equity and aligning decision-making with the rules of justice. The problem lies in constantly implementing this nuanced method throughout all sectors and industries, requiring ongoing coaching, clear pointers, and a dedication to equitable practices.
6. Rehabilitation
Rehabilitation is a essential aspect when figuring out the that means of “think about” in background checks. It signifies a person’s demonstrable efforts to reform and reintegrate into society following previous transgressions. The presence of verifiable rehabilitation efforts necessitates a nuanced analysis, doubtlessly mitigating the influence of prior destructive findings. Merely put, rehabilitation affords a counter-narrative to antagonistic info.
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Proof of Change and Optimistic Conduct
Rehabilitation is substantiated by tangible proof of modified habits and optimistic conduct. This may increasingly embrace profitable completion of instructional packages, constant employment historical past, lively neighborhood service, or participation in counseling and remedy. For instance, a person with a previous drug conviction who has accomplished a rehabilitation program, maintained sobriety for a number of years, and constantly held employment of their discipline demonstrates a dedication to optimistic change. This proof ought to be rigorously thought of, balancing previous actions with current reform.
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Judicial Recognition and Authorized Expungement
Authorized mechanisms, akin to expungement or report sealing, formally acknowledge a person’s rehabilitation efforts. Expungement removes a conviction from a person’s report, successfully treating the occasion as if it by no means occurred. File sealing restricts entry to sure information, limiting their visibility to the general public and potential employers. When contemplating a background verify, proof of expungement or report sealing indicators that the authorized system has acknowledged and validated the person’s rehabilitation, weighing closely in favor of a extra lenient analysis.
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Time Elapsed and Constant Optimistic Conduct
The passage of time, coupled with sustained optimistic habits, serves as a key indicator of rehabilitation. A big time period free from additional authorized points, mixed with constant employment and neighborhood involvement, means that a person has genuinely reformed their habits. A previous legal conviction from a decade in the past, adopted by a decade of law-abiding conduct and optimistic contributions to society, diminishes the burden of the previous transgression when thought of in opposition to present-day suitability.
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Impression on Threat Evaluation
Finally, the consideration of rehabilitation efforts goals to tell a complete danger evaluation. The objective is to find out whether or not the person’s previous actions pose a unbroken menace or danger to the security, safety, or integrity of the group or alternative in query. Robust proof of rehabilitation considerably reduces the perceived danger, doubtlessly resulting in a extra favorable end result within the background verify course of. If the group is satisfied that the person has genuinely reformed, they might be extra inclined to supply employment, housing, or different alternatives.
In abstract, the consideration of rehabilitation is integral to a good and equitable analysis of background verify outcomes. It permits decision-makers to maneuver past a easy recounting of previous occasions and think about the person’s capability for change, progress, and accountable citizenship. A radical evaluation of rehabilitation efforts, alongside different related components, is important for making certain that background checks are used responsibly and ethically, selling equity and aligning decision-making with the rules of justice and second probabilities.
7. Job-relatedness
The idea of job-relatedness is paramount in defining what info an entity should consider in background checks. It dictates that solely info instantly related to a person’s capacity to carry out the important features of a particular job ought to be thought of. This precept ensures that background checks function a software for assessing suitability for a specific function, relatively than a broad and doubtlessly discriminatory technique of exclusion.
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Direct Correlation to Job Duties
Job-relatedness requires a demonstrable connection between the antagonistic info uncovered in a background verify and the precise duties and obligations of the place. A legal conviction for theft, for example, is instantly associated to a task involving monetary administration or entry to beneficial belongings. In distinction, a minor visitors violation would usually be irrelevant to most office-based administrative positions. The analysis course of ought to meticulously set up this direct correlation, making certain that choices are usually not primarily based on tangential or unrelated info. The absence of a transparent nexus can result in unfair and doubtlessly unlawful hiring practices.
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Evaluation of Inherent Dangers
Job-relatedness necessitates an analysis of the inherent dangers related to a place. Sure roles, akin to these involving public security, childcare, or susceptible populations, inherently carry the next degree of danger. In such circumstances, a broader vary of background verify findings could also be thought of job-related. Nonetheless, even in these high-risk positions, the analysis should be rigorously tailor-made to the precise duties and obligations. The entity should justify the consideration of any antagonistic info primarily based on an inexpensive evaluation of the potential dangers concerned. Generalizations and stereotypes ought to be averted, making certain that choices are primarily based on goal standards relatively than biased assumptions.
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Authorized Compliance and Protected Lessons
Job-relatedness is intently linked to authorized compliance, significantly with anti-discrimination legal guidelines. Employers should be conscious of the potential for background verify practices to disproportionately influence protected courses, akin to racial minorities or people with disabilities. The Equal Employment Alternative Fee (EEOC) supplies steering on using legal historical past info in employment choices, emphasizing the significance of job-relatedness and individualized evaluation. Employers who fail to stick to those pointers danger authorized challenges and reputational injury. The consideration course of should be clear, constant, and non-discriminatory.
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Individualized Evaluation and Mitigating Elements
Job-relatedness necessitates an individualized evaluation of every applicant, taking into consideration mitigating components such because the recency and severity of the offense, proof of rehabilitation, and the precise circumstances surrounding the incident. A blanket coverage of disqualifying all candidates with a legal report, whatever the job-relatedness of the offense, is mostly thought of discriminatory. The analysis ought to think about whether or not the person has demonstrated a dedication to rehabilitation, whether or not the offense is instantly associated to the job duties, and whether or not the person poses a reputable danger to the group or its stakeholders. This individualized method ensures equity and promotes the rules of rehabilitation and second probabilities.
The emphasis on job-relatedness transforms background checks from a blunt instrument of exclusion right into a focused software for assessing a person’s suitability for a particular function. By specializing in the direct correlation between antagonistic info and job duties, whereas remaining conscious of authorized compliance, protected courses, and mitigating components, the analysis course of turns into extra equitable, correct, and aligned with the rules of equity and alternative.
8. Authorized Compliance
Authorized compliance types a basic framework for figuring out what “think about” means in background checks. Numerous legal guidelines and rules dictate which info could be legally obtained, how it may be used, and the permissible scope of inquiries. Failure to stick to those rules may end up in authorized legal responsibility, monetary penalties, and reputational injury. Authorized compliance ensures that the “think about” course of is performed pretty and ethically, defending people’ rights whereas enabling knowledgeable decision-making. For instance, the Honest Credit score Reporting Act (FCRA) governs using client stories, together with background checks, for employment functions, mandating disclosure and authorization necessities. An employer who fails to acquire correct authorization earlier than conducting a background verify violates the FCRA and should face authorized motion. This underscores the direct correlation between authorized compliance and the lawful, moral, and knowledgeable use of background checks.
The significance of authorized compliance extends to anti-discrimination legal guidelines. Title VII of the Civil Rights Act of 1964 prohibits discrimination primarily based on race, coloration, faith, intercourse, or nationwide origin. Background verify practices which have a disparate influence on protected courses could also be thought of discriminatory, even when unintentional. The Equal Employment Alternative Fee (EEOC) supplies steering on using legal historical past info in employment choices, emphasizing the necessity for job-relatedness and individualized evaluation. As an illustration, a blanket coverage of excluding all candidates with a legal report, whatever the nature of the offense or its relevance to the job, could also be deemed discriminatory if it disproportionately impacts minority teams. Subsequently, the “think about” course of should be rigorously designed to adjust to anti-discrimination legal guidelines, making certain equity and equal alternative.
In conclusion, authorized compliance is an indispensable element of the “think about” course of in background checks. Adherence to related legal guidelines and rules, such because the FCRA and Title VII, ensures that background checks are performed lawfully, ethically, and with out discrimination. Understanding and respecting these authorized necessities isn’t merely a matter of avoiding authorized penalties; it’s a dedication to equity, transparency, and accountable decision-making. Whereas navigating the complicated authorized panorama surrounding background checks could be difficult, it’s important for any group in search of to steadiness the necessity for knowledgeable decision-making with the safety of particular person rights.
9. Mitigating Elements
Mitigating components are circumstances that reduce the severity or culpability related to an antagonistic discovering uncovered throughout a background verify. Their consideration is integral to a good and complete analysis, instantly influencing the final word choice. The existence of mitigating components means that the person’s previous actions could not precisely mirror their current character or pose a big danger. When weighing the potential implications of destructive info, the “think about” stage should incorporate a cautious examination of those attenuating circumstances. For instance, a previous legal offense could be thought of much less problematic if the person was below duress or acted in self-defense. Equally, a destructive credit score report entry may very well be seen with larger leniency if it resulted from unexpected medical bills or a pure catastrophe. In every situation, the mitigating components present important context, shaping the interpretation of the background verify knowledge.
The influence of mitigating components extends past the person degree, shaping organizational practices and authorized compliance. Organizations should set up protocols that permit for the thorough consideration of mitigating components, making certain equitable therapy of all candidates. Authorized frameworks, akin to these governing employment practices, typically require employers to think about particular person circumstances when evaluating background verify findings. A blanket disqualification primarily based solely on a legal report, with out contemplating mitigating components akin to the character of the offense, the time elapsed, and proof of rehabilitation, may very well be deemed discriminatory. An employer who dismisses a candidate with a previous misdemeanor conviction with out exploring the circumstances surrounding the offense and the person’s subsequent efforts to rehabilitate is probably going in violation of truthful hiring practices. Conversely, a company that thoughtfully assesses mitigating components demonstrates a dedication to moral conduct and authorized compliance, minimizing the danger of discriminatory outcomes.
In abstract, mitigating components function an important counterweight to doubtlessly damaging info revealed by background checks. Their cautious consideration isn’t merely a matter of equity, but in addition a authorized and moral crucial. By totally evaluating the circumstances surrounding antagonistic findings, decision-makers can arrive at extra knowledgeable and equitable conclusions, selling each particular person alternative and organizational accountability. Whereas constantly and objectively assessing mitigating components poses a problem, it’s an important aspect of a simply and complete background verify course of.
Ceaselessly Requested Questions
The next questions and solutions present readability on the that means of “think about” within the context of background checks. These insights are supposed to tell accountable decision-making and promote truthful analysis practices.
Query 1: What does it basically imply to “think about” info discovered throughout a background verify?
To “think about” entails an intensive and deliberate analysis of the relevance, accuracy, recency, severity, and context of any antagonistic info found throughout a background verify. It includes weighing the potential influence of such info on a person’s suitability for a particular function or alternative.
Query 2: Why is “contemplating” info from a background verify vital?
Cautious consideration is important to making sure truthful and legally compliant decision-making. It prevents hasty or superficial judgments primarily based solely on background verify knowledge, mitigating the danger of discriminatory practices and selling a nuanced understanding of particular person circumstances.
Query 3: What components ought to be included when “contemplating” info in a background verify?
Elements to think about embrace the job-relatedness of the knowledge, proof of rehabilitation, mitigating circumstances, and compliance with relevant legal guidelines and rules. Every issue supplies context and informs the final word danger evaluation.
Query 4: How does the recency of an occasion have an effect on how it’s “thought of” in a background verify?
The recency of an occasion influences its weight within the analysis course of. Newer occasions usually carry larger weight than older ones, until mitigating components or proof of rehabilitation recommend in any other case. Statutory limitations may additionally prohibit using older info.
Query 5: What function do mitigating components play within the “consideration” of background verify outcomes?
Mitigating components present context and may scale back the culpability related to antagonistic findings. They permit decision-makers to evaluate the circumstances surrounding an occasion and decide whether or not the person’s previous actions precisely mirror their current character.
Query 6: What are the potential penalties of not correctly “contemplating” info from a background verify?
Failure to correctly think about background verify info can result in unfair and discriminatory choices, authorized liabilities, reputational injury, and the exclusion of certified people from alternatives. It additionally undermines the integrity and effectiveness of the background verify course of.
In abstract, a considerate and complete method to “contemplating” background verify info is important for selling equity, making certain authorized compliance, and making knowledgeable choices. The method ought to be grounded in goal standards, individualized evaluation, and a dedication to moral practices.
Transferring ahead, the appliance of those rules in real-world situations will show the sensible significance of rigorously contemplating all features of background verify info.
Ideas for Successfully Evaluating Background Checks
The next steering emphasizes accountable interpretation of background verify outcomes. The following tips purpose to facilitate knowledgeable choices whereas upholding equity and authorized compliance.
Tip 1: Prioritize Relevance
Focus on info instantly pertaining to the job or alternative in query. Disregard particulars that lack a transparent connection to the person’s capacity to carry out the required duties.
Tip 2: Confirm Accuracy
Affirm the veracity of background verify findings. Tackle discrepancies promptly to keep away from basing choices on inaccurate knowledge. Make the most of dependable sources and validation procedures.
Tip 3: Assess Recency
Contemplate the temporal proximity of previous occasions. Acknowledge that older info could maintain much less relevance than current incidents, significantly in gentle of rehabilitation efforts.
Tip 4: Consider Severity
Distinguish between minor infractions and severe offenses. Assign weight in response to the potential influence of previous actions, making certain a proportionate response.
Tip 5: Perceive Context
Analyze the circumstances surrounding antagonistic findings. Contemplate mitigating components, akin to financial hardship or private crises, that will have contributed to previous actions.
Tip 6: Acknowledge Rehabilitation
Acknowledge and reward demonstrable efforts to reform and reintegrate into society. Present people with the chance to clarify how they’ve modified since previous transgressions.
Tip 7: Keep Authorized Compliance
Adhere to all relevant legal guidelines and rules governing background checks. Keep away from discriminatory practices and be sure that all procedures are in keeping with authorized pointers.
Accountable analysis of background checks requires a multi-faceted method. By diligently making use of the following pointers, organizations can steadiness the necessity for knowledgeable choices with a dedication to equity and particular person alternative.
The previous dialogue supplies a framework for efficient analysis. The next conclusion will summarize key features of understanding and making use of the rules throughout the “think about” course of.
Conclusion
This exploration clarifies the importance of the verb “think about” throughout the context of background checks. It’s an lively and important course of, requiring the considered analysis of multifaceted info. It’s characterised by diligence, equity, and an unwavering dedication to authorized compliance. The efficient utility of this nuanced analysis is essential for making accountable and knowledgeable choices.
The suitable interpretation of data inside background checks stays a dynamic course of, requiring steady adaptation to evolving authorized landscapes and societal norms. A company’s capacity to thoughtfully think about such info is paramount to safeguarding each its pursuits and people of the people being evaluated, contributing to a extra equitable and simply course of total.