A federal judge dismissed a lawsuit filed by a former Pilgrim's Pride employee who alleged the company violated his Family Medical Leave Act rights and discriminated against him because of his race and disability.
Plaintiff Johnny Mack Mitchell, a former employee at the Pilgrim’s Pride plant in Live Oak, Florida, filed the suit in the U.S. District Court for the Middle District of Florida, Jacksonville Division, reported the Florida Record.
Mitchell had been employed at the plant since 1991, according to a court document. It was operated by Gold Kist at the time. Pilgrim’s Pride acquired Gold Kist in 2007.
Mitchell alleged that when Pilgrim’s acquired the plant, his duty was to live hang 28 chickens per minutes, and that workload resulted in the injury of his right shoulder. He further alleged that he received workers’ compensation for several months, then was transferred to a “light duty” job. But Mitchell asserted he still had problems with his shoulder, which required surgery.
After Mitchell's surgery was completed and he received medical clearance from his doctor, he returned to live hanger job but was told by a supervisor to stop because he had not been cleared by the company's nurse, the suit alleged. However, Mitchell said he continued and was terminated for insubordination, but was eventually rehired at lower-paying positions that didn’t require lifting. Problems with his shoulder persisted and he requested family medical leave for treatment of hypertension that Mitchell alleged resulted in him being “picked at” by other workers.
Mitchell also argued that he was treated less favorably because he was an African American.
The judge presiding over the case reached the conclusion that Mitchell did not show any “material fact” for race discrimination and the company was “consistently responsive to Mitchell’s statements regarding his shoulder pain and doctor’s work restrictions.”
U.S. District Judge Marcia Morales concluded Mitchell failed to show any "material fact" for race discrimination and that Pilgrim’s Pride "was consistently responsive to Mitchell’s statements regarding his shoulder pain and his doctor’s work restrictions."
