Reloynne K. Villiarimo Joseph Harvest v. Aloha Island Air, Inc., Dba Island Air Rosie Nenezich Richard Hee

Good Law
2002 Daily Journal DAR 2322·281 F.3d 1054·2002 WL 287698·7 Wage & Hour Cas.2d (BNA) 1330·82 Empl. Prac. Dec. (CCH) 40,970
United States Court of Appeals for the Ninth CircuitFebruary 28, 200200-16012California5,853 words

Opinion

Opinion

O'Scannlain, J.

In this employment discrimination case, we must decide whether claims by ground personnel against an airline prevail over its termination for damage to one of its aircraft.

I

Reloynne Villiarimo worked as a ramp supervisor for Aloha Island Air, Inc. (“Aloha”). Joseph Harvest worked as a ramp agent under the supervision of Villiarimo, among others. Both were involved in an accident that occurred on April 6, 1998, which resulted in damage to one of Aloha’s airplanes; thereafter, both were let go. Aloha maintains that it terminated Villiari-mo for a rule violation in connection with the accident, and because it believed she had been dishonest during the investigation of the accident, and that it terminated Harvest because the occurrence was his second such accident. Although Villiarimo and Harvest admit that they in fact damaged an airplane, they nonetheless contend that “real” reasons for their terminations were more nefarious — and indeed, illegal under federal and state employment discrimination laws.

A

On April 6, 1998, Villiarimo and Harvest worked together on a flight departure on the tarmac at Honolulu International Airport, Hawaii. Villiarimo was the marshaller, and…

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