United States District Court, W.D. Kentucky, Owensboro Division
MEMORANDUM OPINION AND ORDER
H. McKinley Jr., Senior Judge
matter is before the Court on Defendant GE Aviation's
Motion for Summary Judgment. [DN 23]. Fully briefed, this
matter is ripe for decision. For the following reasons,
GE's Motion for Summary Judgment is GRANTED.
Shelia Owen was employed by GE when they implemented a new
attendance policy. [DN 1 at 2-3, DN 22-2 at 8]. The new
policy is as follows:
• Excessive Absence Notice (EAN) issued when an employee
accumulates five unexcused absences in a calendar year;
• Warning Notice #1 issued when an employee accumulates
six unexcused absences in a calendar year and has been issued
• Warning Notice #2 issued when an employee accumulates
four additional unexcused absences with 365 active days of
receiving Warning Notice #1;
• Warning Notice #3 (Disciplinary Time Off) issued when
an employee accumulates two additional unexcused absences
within 365 active days of receiving Warning Notice #2;
• Warning Notice #4 (Discharge) occurs when an employee
accumulates two additional unexcused absences within 365
active days of receiving Warning Notice #3.
[DN 22-2 at 9].
policy detailed that absences that would not be charged to an
employee included paid absences under the Collective
Bargaining Agreement (CBA). [Id. at 10]. The CBA
provides for paid absences for the death of certain family
members such as siblings. [Id. at 7]. GE provided
Owen with a notice of the new policy and she understood it.
[DN 22 Pl. Dep. 55:2-6, 57:24-58:2].
in a month of the new attendance policy being in effect, Owen
received an EAN. [DN 22-2 at 14]. Owen later received a
Warning Notice #1, Warning Notice #2, and Warning Notice #3.
[Id. at 15-17]. Owen served a five-day suspension
March 21-25, 2016 for the Warning Notice #3. [Id. at
17]. Owen does not dispute any of the unexcused absences that
she received that led to receiving the EAN or the Warning
Notices. [DN 22 Pl. Dep. 58:22-61:3].
was absent from work March 28-30, 2016 because of the death
of a family member. [DN 22 Pl. Dep. 63:18-64:10]. The funeral
was March 23, 2016, while she was suspended from work. [DN
22-2 at 36]. When GE began investigating Owen's three-day
bereavement leave, Owen initially claimed that the family
member was her adopted brother. [DN 22-2 at 30]. But GE
learned and Owen later testified that the family member was
actually her cousin. [DN 22 Pl. Dep. 64:21-73:20]. The CBA
does not provide bereavement leave for the death of a cousin.
[DN 22-2 at 7]. So, GE terminated Owen per the new attendance
policy. [Id. at 37].
sued GE alleging race and age discrimination. [DN 1]. GE now