Takeaway: Before disciplining an employee, a company should carefully compare its intended discipline to that administered to other employees to ensure it is consistent. However, an employer can still discipline an employee more harshly than others based on more serious misconduct.
A worker who was fired for reportedly using his cellphone while sitting on an idling forklift lost his discrimination claim, failing to convince the 6th U.S. Circuit Court of Appeals that his co-workers weren't terminated for similar conduct.
The plaintiff, who is Black, worked for Stanley Engineered Fastening, a parts supplier for and division of Stanley Black & Decker, for 21 years. He most recently held the position of forklift operator at Stanley's Hopkinsville, Ky., plant. Due to the dangerous nature of Stanley's industrial operations, the company maintains extensive safety policies, including a prohibition on using cellphones while working on the plant floor. According to Stanley, the plant's director had warned the plaintiff multiple times against using his phone on the plant floor.
On Jan. 31, 2018, a Stanley employee who worked in the same area as the plaintiff filed a report claiming that he was driving a forklift toward her with neither of his hands on the steering wheel because he was manipulating his smartwatch. She also claimed she saw him using his smartwatch again a few minutes later as he sat on the forklift, which was stationary but still running.
Stanley initiated an...
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