On July 17th, Turner presented Hershey with the new form and her lawyer's letter. Hershey did not allow Turner to continue as a shaker table inspector. Hershey notified Turner of her right under the union contract to go on short-term disability, which Turner applied for on August 2, 2001, and later received. Hershey argues that because the rotation policy was implemented to avoid injury, exempting Turner has safety and health-related implications. Opinion Footnotes ------------------------------------- *fn1 Hershey was mis-identified in the caption in the District Court as Hershey Chocolate USA.

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