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Name: Charles Neal
Email: cneal777@cs.com
Date: 23 Feb 2002
Time: 19:10:13
Remote Name: spider-ntc-ta012.proxy.aol.com
My girlfriend was in a van rollover accident and broke her back.
After this accident, her employer was very accommodating toward her until she reported misconduct by her coworkers.
After being terminated, she went to the EEOC and checked the Disability box, the Sexual Harassment box, and the Retaliation box.
The EEOC worker advised her that this was more of a Retaliation situation. So the Disability aspect of her case was not pursued.
In reference to why they laid her off, the employer says that but for her back, they would have gladly retained her in employment.
Does the fact that the EEOC did not pursue her checked Disability box allow the employer to now use her back injury as their defense?
Suppose what the employer did was 100% illegal as to the ADA?
Can they still use it as their defense since neither her lawsuit nor the EEOC mentions the ADA?
Opinions are fine with me. That's what makes America great.
Name: affrwyubg
Email: sbcrie@uetckj.com
Date: 03 Jun 2008
Time: 00:51:29
Remote Name: 72.158.32.163
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Last changed: June 03, 2008
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Date: 16 Feb 2008
Time: 01:33:41
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