Leonel

background checks such that the medical examination would be the only remaining contingency — and thus their nondis- closures could not be used to disqualify them. They further contend that American violated their rights to privacy under the California Constitution by conducting complete blood count tests (“CBC”s) on their blood samples without notifying them or obtaining their consent.

The district court had diversity jurisdiction over the appel- lants’ individual suits; it consolidated the actions and granted American’s motion for summary judgment on all claims. We have jurisdiction over the consolidated appeals under 28 U.S.C. § 1291. We hold that the appellants have raised mate- rial issues of fact as to all appealed claims except Fusco’s claim of intentional infliction of emotional distress. LEONEL v. AMERICAN AIRLINES, INC. 2589 I.

Leonel, Branton and Fusco all participated in American’s standard application process for flight attendant positions. They first responded to questions in telephone surveys and then provided more extensive information about their lan- guage abilities, previous employment and educational back- grounds in written applications.1…