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Haro's handbook further provides
"the following examples of offenses which are so intolerable that they wil result in immediate, severe disciplinary action up to and including immediate termination on the first offense":
"Failure to complete...work assignment."
"Insubordination, including refusing or failing to obey a reasonable work request or instruction of a supervisor."
"Failure to return from a leave of absence or vacation when notified to do so or the leave or vacation." upon expiration of
13. The only component of
Gooch's conduct that might have been objectively
acceptable was his food selection for the Jet, a responsibility of flght attendants. Winfrey
commented on at least one occasion that "white folks don't know what southern food should
taste like." Disparate food selection concerns, however, were resolved when Pansing
implemented the simple curative of having Ms. GehrIs procure for Winfrey the same food as
Gooch as well as three chefs that were to Winfrey's culinary satisfaction. That, however, did
nothing to address the Gooch's persistent resistance to his flght attendant duties, and the
ongoing strife caused by his conduct.
14. Ultimately, Gooch decided to have Ms. GehrIs and Mr. Pansing terminated. As
set forth more fully below, this would be facilitated by virtue of Gooch's unique, unilateral
access to Winfrey and his consequent ability to control Harpo' s decisionmaking concerning
15. Gooch recognized, however, that their termination could not be based on
objective job pedormance, because Pansing's and GehrIs' historical performance had been
without incident. Neither had ever been insubordinate, refused duties, or in any way guilty of