Connie Withrow was employed as a floater technician at an industrial plant. One day she and a male coworker were assigned to light a furnace, but when they attempted to do so, there was an explosion. When Withrow was fired but her male coworker only received a 30-day suspension, she sued her employer, alleging that she was terminated because of her gender in violation of the Kentucky Civil Rights Act. The Boyd Circuit Court entered summary judgment in favor of the employer, finding that her employer had good cause to terminate her and that she was not similarly situated to her male colleague because she had a different role with more control during the explosion, was uncooperative during the investigation, and had more disciplinary issues on her record. The Kentucky Court of Appeals affirmed, holding that, though the trial court erred in finding that Withrow was not qualified for her job, her employer’s reason for firing her was not pretextual and that there was no evidence that the decision was based on her gender.
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