Monday, November 13, 2006

Muslim pilot fired for violating company policy, no animus shown

A Muslim probationary pilot of Indian descent was discharged for breaking a company policy when he entered a hotel bar while in uniform, concluded the Eighth Circuit Court of Appeals. Neither the EEOC nor the pilot provided sufficient evidence showing that the discharge was motivated by the pilot's race, religion or national origin.
While commercial air travel was suspended because of terrorist attacks, an airline's vice president of flight operations received an anonymous phone call stating that the pilot had been seen in a hotel bar in a company uniform making comments about the attacks. At all relevant times, the company maintained a policy that pilots were not permitted to be in uniform in establishments serving alcohol. While the airline had a progressive disciplinary policy in place for such violations, the collective bargaining agreement (CBA) on record specifically provided that the right to "progressive discipline" did not extend to probationary pilots. Consequently, the airline discharged the pilot for breaking the policy. Filing suit on behalf of the pilot, who subsequently intervened, the EEOC alleged violations of Title VII and Missouri law.
Affirming judgment in favor of the airline, the Eighth Circuit held that the EEOC and the pilot (plaintiffs) failed to show that the airline was motivated by discriminatory animus, rather than "solely by its belief that [the pilot] violated company policy.
13/11/06 CCH
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