Ferrell v. Masland Carpets, Inc.

97 F. Supp. 2d 1114, 2000 U.S. Dist. LEXIS 9934, 2000 WL 565203
CourtDistrict Court, S.D. Alabama
DecidedApril 17, 2000
DocketCIV.A. 99-0134-RV-S
StatusPublished
Cited by8 cases

This text of 97 F. Supp. 2d 1114 (Ferrell v. Masland Carpets, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferrell v. Masland Carpets, Inc., 97 F. Supp. 2d 1114, 2000 U.S. Dist. LEXIS 9934, 2000 WL 565203 (S.D. Ala. 2000).

Opinion

OPINION

VOLLMER, District Judge.

Plaintiff Jeannie Ferrell brings this action against defendants Masland Carpets, Inc., and the Dixie Group, Inc. (collectively, “Masland”) pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k), and the Civil Rights Act of 1991. Ferrell asserts that her pregnancy was a motivating factor in Masland’s decision to terminate her employment. Masland denies that Ferrell’s pregnancy played any part in her discharge. Rather, it asserts that Ferrell was terminated because she failed to achieve the required level of production during her ninety-day probationary period.

Masland now moves for summary judgment on the grounds that Ferrell has failed to offer any direct or circumstantial evidence to demonstrate that she was fired because of her pregnancy. In the alternative, Masland argues that even if Ferrell has established a prima facie case, she has not produced any evidence which shows that Masland’s legitimate, non-discriminatory reason for discharging her was a pretext for pregnancy discrimination.

After carefully reviewing the law and considering the submissions of the parties, 1 the court concludes that there are no genuine issues of material fact and that Mas-land is entitled to judgment as a matter of law. Accordingly, Masland’s motion for summary judgment will be granted.

I. BACKGROUND

Masland manufactures custom-made carpet for commercial and residential customers. On February 23, 1998, Masland hired Ferrell to work as a reel operator or “reeler,” a job that entails processing large quantities of carpet yarn on a reel machine. Operating a reel machine is a continuous process. The reeler places large spools of yarn on the machine, which then spins and sorts the yarn into smaller bundles called “skiens.” Each skein weighs six pounds, and each machine cycle produces six skeins. When the cycle is complete, the reeler removes the skeins from the machine and loads the skeins onto a buggy. When the buggy is full (approximately 300 skeins), a material handler replaces it with an empty buggy and takes *1119 the loaded buggy to the dye department. There are two work stations at each reel machine, and one reeler works at each station. Although the two reelers work independently, they generally load their skeins into the same buggy.

Because a reeler’s success in performing the job is primarily determined by the quantity of yarn that is produced, each reeler keeps a running tally of the number of skeins that he or she produces per shift. At the conclusion of the shift, the reeler converts this production total into pounds of yarn by multiplying the number of skeins by six pounds the weight of a single skein). The reeler then completes a daily production report reflecting the total production time and total pounds of yarn produced during that shift. After receiving this report from the reelers, the shift supervisor inputs the data into a computer. The supervisors at Masland regularly obtain weekly production reports from the computer and utilize these reports to evaluate each reeler’s productivity.

All newly-hired reelers must complete a ninety-day probationary period in order to be retained as a regular employee. 2 Probationary reelers are evaluated in several performance areas; however, they must regularly produce at least 200 pounds of yarn per hour each day, which is the equivalent of approximately 270 skiens per day, to successfully complete probation. Although Masland considers a probationary reeler’s average hourly production over the course of the entire ninety-day probationary period, the determining factor is whether the reeler regularly produces at least 200 pounds of yarn per hour during the last twenty to thirty days of probation. If a probationary reeler does not achieve this required production standard, or if the reeler’s job performance is unsatisfactory for other reasons, the reeler is not retained as a regular employee. In fact, since Masland began its reeling operation several years ago, not one probationary reeler who has failed to achieve the required production standard during probation has been retained as a regular employee.

For instance, during Ferrell’s probationary period, twelve other reelers were in various stages of their own probation. Nine of those probationary reelers regularly produced at least 200 pounds of yarn per hour by the end of their probation period, and each was retained as a regular employee. Two other reelers, however, did not meet this quota, and both were terminated within the first ninety days of their employment. 3

For the first few weeks, Ferrell was assigned to the first shift of Masland’s Reeling and Winding Department for training and orientation. Eddie Pressley was the department leader, and Gennell Arnold was the lead supervisor. Thereafter, Ferrell moved to the second shift, where she continued her training with Tammy Eles, the second shift supervisor, and Darlene Ryder, the reeler assigned to train her. Ferrell understood that, as a probationary reeler, she was required to produce at least 200 pounds of yarn per hour during the latter stages of her probation. In fact, she admits that Eles reminded her of this quota at least once a week during her probationary period.

During the first two months of her probationary period, Ferrell was repeatedly told by Eles that she was “doing good.” 4 Indeed, Eles completed two monthly probationary associate progress reports which *1120 rated Ferrell’s “quantity of work” performance as “satisfactory.” 5 This is the middle ranking on a five-level scale that ranges from “excellent” to “poor.” According to Eles, she gave Ferrell this rating because “Ferrell was making process toward the required level of production” and because Eles “wanted to give [Ferrell] encouragement to continue working hard to get production up.” 6

In the last few weeks of the probationary period, however, Ferrell’s “productivity had, at best, leveled off and she seemed to be decreasing.” 7 Moreover, Pressley, Arnold and Eles were becoming concerned about apparent discrepancies in Ferrell’s daily skein counts. To remedy this situation, Pressley instructed Eles to divide the buggies shared by Ferrell and Ryder with a piece of cardboard so that the number of skeins each reeler produced could be independently verified. Once the buggies were divided, Eles personally verified the skein counts and input the data into the computer following Ferrell’s shifts. The production report showed that Ferrell had failed to meet the 200 minimum-pounds-per-hour requirement on ten of the last twenty-two days she worked. Thus, Ferrell was not regularly producing at least 200 pounds of yarn per hour by the end of her probation.

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Bluebook (online)
97 F. Supp. 2d 1114, 2000 U.S. Dist. LEXIS 9934, 2000 WL 565203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrell-v-masland-carpets-inc-alsd-2000.