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Densmore v. Pilgrim's Pride Corp.

January 5, 2007

TAMMY DENSMORE PLAINTIFF
v.
PILGRIM'S PRIDE CORPORATION DEFENDANT



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Defendant Pilgrim's Pride Corporation's Motion for Reconsideration.*fn1 Plaintiff Tammy Densmore filed a Response.*fn2

An Order was entered in this case, denying in part and granting in part, Defendant's Motion for Summary Judgment.*fn3 Defendant asks that I reconsider my finding regarding Plaintiff's pregnancy discrimination claim, and argues that I should have dismissed the claim because non-pregnant employees, who allegedly received more favorable treatment, were not similarly situated to Plaintiff in all relevant respects.*fn4

When determining whether a non-protected employee is similarly situated to a protected employee, the individuals used for comparison must have dealt with the same supervisor, have been subject to the same standards, and engaged in the same conduct without any mitigating or distinguishing circumstances.*fn5

Defendant argues that Plaintiff did not engage in the same conduct as the comparison employees, because she had already been suspended for absenteeism and had signed a return-to-work agreement.*fn6 According to Defendant, the return-to-work agreement represented Plaintiff's last chance to correct her absenteeism. Thus, Defendant argues that the comparison employees had not engaged in the same level of misconduct. I disagree.

There is evidence that the return-to-work agreement was the result of a grievance process that ended in Plaintiff's favor. A jury could conclude that the return-to-work agreement was designed to place Plaintiff in the same position as her co-employees with respect to accumulating any further absences. In view of this, there is enough evidence to create an issue of material fact that Plaintiff's pregnancy was a motivating factor in her termination.

Defendant's Motion for Reconsideration is DENIED.

IT IS SO ORDERED this 5th day of ...


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