Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 15, 1993 TAG: 9307150037
SECTION: BUSINESS PAGE: B-7 EDITION: METRO
SOURCE: Associated Press
DATELINE: ALBANY, N.Y. LENGTH: Medium
Allen said they were dismissed by Wal-Mart in February after their supervisor learned they violated a company policy that forbids married employees to date.
They fought back with a lawsuit. On Wednesday they received support from State Attorney General Robert Abrams, who filed his own lawsuit.
Allen, 23, is separated from her husband. Johnson, 20, is single.
"The manager said it wasn't morally right. Who is she to make a moral judgment on me?" Allen said. "I didn't think I was doing anything wrong."
Allen and Johnson, who now live together, are seeking $2 million each from the Arkansas-based retailing giant. They worked at a store in Johnstown, about 40 miles northwest of Albany.
Abrams said Wal-Mart's "no dating" policy for married employees violates state anti-discrimination laws.
"The law makes it clear that employers must judge workers by their performance on the job, not by what they do in their private lives," he said.
Abrams is seeking to reinstate the couple with back pay and to prevent the company from using its policy in the future.
Wal-Mart spokesman Don Shinkle contended the store did not break state law. He said the pair was fired after "disruptive" behavior that included excessive breaks together, open displays of affection and visits to one another while on duty.
"Anyone who has had the experience of trying to purchase a product or service and having to wait while sales people visit with each other can certainly appreciate our position," Shinkle said.
Allen now works in a laundry folding sheets and towels; Johnson landed a job at a lumber yard.
Abrams is basing his case in part on a Wal-Mart employee handbook that says the company "strongly believes and supports the `family unit.' A dating relationship between a married associate, other than his or her own spouse, is inconsistent with this belief and is . . . prohibited."
Abrams said a law passed by the legislature last year bars businesses from firing workers based on "legal recreational activities" outside of work.
by CNB