Johnson v. American Airlines, Inc.

Karen A. Johnson appeals from the adverse judgment entered against her pursuant to the trial court’s granting of respondent American Airlines’ motion for summary judgment. We affirm.

There is no dispute as to any of the material facts. Appellant was employed as a flight attendant with American Airlines (American) since March 1, 1967. On April 28, 1976, a class action lawsuit was brought against American in the federal district court for the Eastern District of Virginia, on behalf of all women employed by American who had been or could be adversely affected by American’s policy of mandatory maternity leave and weight program as it affected maternity. American objected to class certification and asked that personal notice be given all class members. On November 12, 1976, the federal court ordered the action certified under Federal Rules of Civil Procedure, rule 23(b)(2), (28 U.S.C.). No notice was given to members of the class.

In September or October 1976, appellant had informed her supervisor at American that she was pregnant, and had been placed on mandatory maternity leave without pay. In or about April 1977, appellant filed a sex discrimination complaint with the…