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Q: discrimination ( No Answer,   0 Comments )
Question  
Subject: discrimination
Category: Relationships and Society > Law
Asked by: toro-ga
List Price: $10.00
Posted: 19 Apr 2003 18:53 PDT
Expires: 21 Apr 2003 16:53 PDT
Question ID: 192850
My friend in Georgia just got fired because he is colorblind. He went
to work in a factory and found out that to do the job he need to
distinguish two color wires. So he asked the manager if he could
change to another job position, unfortunately he got fired after that.
  
   He is a at-will employee.).  One clause in his contract is an
arbitration clause which states that disputes between the employer and
an employee will be resolved through the process of arbitration,
rather than litigation.
 
  what legal options and procedures he can do in GA against the
factory , if any, other than filing for arbitration (and other than
arguing in court: unconscionability/contract of adhesion)? What kind
of argumnet he can use?

Clarification of Question by toro-ga on 20 Apr 2003 22:02 PDT
the argument he use should let the arbitration clause invalid.

Request for Question Clarification by serenata-ga on 21 Apr 2003 00:25 PDT
Hello Toro ...

Just want to make sure we understand the facts here ... so any Google
Answers Researcher can answer your question in the most accurate
manner.

Your friend was hired to do a job which he cannot perform because he
is color blind. That to do the job he was hired to do, it is necessary
to be able to distinguish the colors correctly which he cannot do
because he is color blind. So far, so good?

Can the color blind condition he has  be corrected with special
glasses or in any other way?

Instead of giving him some other position, they fired him, and when he
was hired, he agreed to arbitration instead of a lawsuit in case of a
dispute.

Are you looking for grounds on which he might protest his firing as
being discrimatory?

Or are you looking for a way to file a discrimination matter in some
other venue than filing to an arbitrator or arbitrators, which he
agreed to?

Some clarification ... including the amount of time he actuall was
employed prior to his discharge ... if he worked in some other
capacity prior to taking the position he could not perform, would be
helpful in trying to answer your question.

Thank you,
Serenata
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