Nicholson

Nicholson v. Hyannis Air Service, Inc.

Good Law
580 F.3d 1116·2009 WL 2857198·107 Fair Empl. Prac. Cas. (BNA) 261·92 Empl. Prac. Dec. (CCH) 43,687·2009 U.S. App. LEXIS 20020
United States Court of Appeals for the Ninth CircuitSeptember 8, 200908-15959California5,617 words

Opinion

Opinion

Reinhardt, J.

Tiffany Anne Nicholson alleges that her former employer Cape Air discriminated against her on account of her sex when it suspended her from flying the two-pilot ATR 42 airplane on Cape Air’s Guam and Micronesia routes. The district court granted Cape Air’s motion for summary-judgment, finding that Nicholson could not establish a prima facie case of discrimination, nor that Cape Air’s explanation for its disciplinary action was a pretext for discrimination. She appeals the grant of summary judgment to Cape Air. We reverse.

FACTUAL BACKGROUND

Defendant-Appellee Hyannis Air Service, Inc., which does business as Cape Air (hereinafter “Cape Air”), is a small regional airline based in Hyannis, Massachusetts. Plaintiff-Appellant Tiffany Anne Nicholson was hired as a Cape Air pilot in 2000. From 2000 until 2004, she piloted a Cessna 402 aircraft, of which she was the Captain and sole pilot in its one-pilot cockpit. Although she never flew a two-pilot airplane, there is no indication in the record that she ever had any difficulty with her communication or cooperation skills during this period.

In 2004, Nicholson was one of eight pilots selected to launch Cape Air’s new service providing…

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