A delivery truck driver was in the Army National Guard. He was required to report for drills one weekend per month and for at least two weeks in the summer. His requests for time off were routinely met with resistance by managers. He was told that he should get out of the National Guard and that it was placing a burden on others to cover his shifts. At his supervisor’s insistence, the driver had his weekend obligations changed to Wednesdays, his usual day off. However, after 9/11, the National Guard no longer allowed this and he had to report on weekends. When the driver informed his employer that he would be taking time off to fulfill his two week summer Guard duty, he was told again to “get out” of the Guard. He was given the time off only after the intervention of the HR Department. While the driver was away on military duty, an incident was reported in which the driver had hugged an employee of a nursing home that was on his delivery route and left a bruise on her arm. Although the employee said that he was “just fooling around,” the nursing home insisted that he not be allowed to deliver to them. The driver was informed upon his return from summer drills that he had been terminated, based on this incident. The driver sued. What should the court decide? Why?