Frank
Frank v. United Airlines, Inc.
Opinion
Concurrence in Part
Scannlain, J.
concurring in part and dissenting in part:
I fully concur in the court’s affirmance of the district court’s summary judgment for United on the plaintiffs’ “disparate treatment” claims under the Age Discrimination in Employment Act and individual claims under the Americans with Disabilities Act. I must respectfully dissent, however, from the reversal of the district court’s grant of summary judgment for United on the plaintiffs’ remaining claims under Title VII and the Age Discrimination in Employment Act.
*858 I
Although the majority deploys a raft of arguments in the alternative to support its holding that the plaintiffs’ facial attack on United’s weight policy is not precluded by the judgment entered in Air Line Pilots Association, International v. United Air Lines, Inc. (“ALPA ”), 26 F.E.P. Cases 607, 1979 WL 34 (E.D.N.Y.1979), none of those arguments is compelling — indeed, some of them conflict fundamentally with preclusion doctrine, in my view.
A
The majority’s first two arguments against granting the ALPA judgment pre-clusive effect in this litigation are that the relevant claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, did…
Lead Opinion
Fletcher, J.
From 1980 to 1994, defendant United Airlines, Inc. (“United”) required flight attendants to comply with maximum weight requirements based on sex, height and age. Failure to maintain weight below the applicable maximum subjected a flight attendant to various forms of discipline, including suspension without pay and termination. In 1992, plaintiffs filed this action on behalf of a class of female flight attendants to challenge these weight requirements.
Plaintiffs contend that by adopting a discriminatory weight policy and enforcing that policy in a discriminatory manner, United discriminated against women and older flight attendants in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e; the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634 ; the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213 ; and the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code §§ 12900-12996. The district court granted summary judgment for defendant on all of plaintiffs’ class and individual claims. We have jurisdiction under' 28 U.S.C. § 1291 . We reverse in part and affirm in part.