Robert Kincheloe v. American Airlines, Inc.

FILED

NOT FOR PUBLICATION

MAY 8 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT KINCHELOE; VONNA No. 22-15726

RUDINE; SANDRA

CHRISTAFFERSON, on behalf of D.C. No. 5:21-cv-00515-BLF themselves and all others similarly situated,

MEMORANDUM*

Plaintiffs-Appellants,

v.

AMERICAN AIRLINES, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted April 21, 2023 San Francisco, California

Before: SCHROEDER, CALLAHAN, and BUMATAY, Circuit Judges.

Appellants are three former flight attendants who appeal the district court’s

dismissal of their Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. (“ADEA”) claim. They challenge American Airlines’ March 2020 Voluntary

Early Out Program (“VEOP”).

The ADEA contains a safe harbor for bona fide early retirement programs.

See 29 U.S.C. §…