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Pregnant employee terminated for her threatening behavior—not discrimination

September 2020 employment law letter
Authors: 
Jennifer Kogos, Jones Walker LLP

In a recent case decided by the federal district court in Shreveport, the employee’s pregnancy didn’t curb her own threatening behavior that led to her termination. The court had to decide if her termination was really due to her threatening behavior or whether other motivations were at play, such as her pregnancy or complaints about not being accommodated.

Two-timing boyfriend leads to problems in the meat department

Ebony Gilbert was employed by Kroger supermarket in the meat and seafood department. A problem developed with her two female coworkers, Veronica and Porkeshia. Gilbert’s niece and Veronica were involved in a romantic relationship with the same man. Veronica and Prokeshia wanted Gilbert to interfere in her niece’s relationship with Veronica’s “boyfriend.” Gilbert’s refusal led to a hostile relationship between the three employees.

Gilbert claimed Veronica and Porkeshia threatened her with violence. In turn, Veronica and Porkeshia filed official complaints with Kroger alleging Gilbert was creating a hostile work environment. The store manager met with the women to hear their complaints and rectify the situation. When the efforts were unsuccessful, the District Human Resources Manager (DHRM) was called in to meet with the women, along with their union representative. The meeting was compared to an episode of the Jerry Springer show.

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