Kincheloe
Kincheloe v. American Airlines, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ROBERT KINCHELOE, et al., Case No. 21-cv-00515-BLF
Plaintiffs,
ORDER GRANTING MOTION TO
v. DISMISS WITHOUT LEAVE TO
AMEND
AMERICAN AIRLINES, INC., [Re: ECF No. 114] Defendant.
12 In this case, Plaintiffs Robert Kincheloe, Vonna Rudine, and Sandra Christafferson bring a collective action against Defendant American Airlines, Inc. for alleged violations of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et. seq. Plaintiffs’ allegations center around American’s Voluntary Early Out Programs (“VEOP”), early retirement programs offered by American in response to the COVID-19 pandemic that Plaintiffs claim discriminated against older flight attendants. The Court previously dismissed Plaintiffs’ First Amended Complaint with leave to amend, finding (in relevant part) that the first VEOP was not an adverse employment action. See Kincheloe v. Am. Airlines, Inc., 2021 WL 4339198, at…