Nos. 01-1391, 01-1558. Submitted: August 7, 2002. Decided and Filed: September 4, 2002. This decision was originally issued as an "unpublished decision" filed on September 4, 2002. On December 3, 2002, the court designated the opinion as one recommended for full-text publication. Appeal from the Court of Appeals, Daughtrey, Circuit Judge. J. Roy Weathersby, Eric K. Smith (briefed), Littler Mendelson, Atlanta, GA, for Petitioner Cross-Respondent. Ailen A. Armstrong, Dep.Asso.Gen.Counsel, National