O’Melveny Worldwide

Law360: 9th Circ. Won’t Rebook Age Bias Claims By Flight Attendants

May 8, 2023

The Ninth Circuit denied a bid to revive a lawsuit accusing American Airlines of age discrimination in employee retirement programs offered to flight attendants during the pandemic. Three former flight attendants claimed that the airline violated the Age Discrimination in Employment Act by coercing them to retire through a buyout program when the COVID-19 pandemic began. “An early retirement program is not an adverse employment action unless the employee can establish it amounts to a constructive discharge,” the Ninth Circuit stated. American Airlines is represented by Jason Zarrow and Mark Robertson of O’Melveny & Myers LLP.

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