Annalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds. Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule?

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Annalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds.

Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule?


 

a.

 

 

The Court should reverse the arbitrator’s decision because the County’s dismissal of Annalise was not to discriminate against the mentally ill but because she knowingly misappropriated County money.


 

b.

 

The Court should void the arbitration agreement (meaning that the agreement is not enforceable) and send the case to trial for a jury (fact-finder) to determine the County’s motivation for firing Annalise.


 

c.

 

The court should affirm the arbitrator’s decision because Annalise’s actions were unintentional as she lacked the capacity to control herself.


 

d.

 

The court should affirm the arbitrator’s decision because it is to discriminate against someone suffering from a mental illness.

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