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Two FAs sue UA alleging discrimination in sports charter assignments

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Two FAs sue UA alleging discrimination in sports charter assignments

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Old Sep 12, 2020, 1:05 pm
  #16  
 
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Originally Posted by clubord
I’d be very careful placing blame here without knowledge of the situation.

I’ve flown dozens of charters over the years both in the 737 and the 764 and can tell you this is completely false. Last NFL charter I did I’d estimate average age of the F/As was north of 50.
Now, now, this is the Internet. We can't go letting facts get in the way of a good (or even bad) rumor and innuendo ...
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Old Sep 12, 2020, 1:10 pm
  #17  
 
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Originally Posted by DENviaLAX
Odd timing considering the majority of the younger flight attendants are going to be furloughed in 3 weeks anyway.
Or all FAs are looking at reduced income and now's a good time to sue for previous damages.

I do think it's a problem if the allegations in the case are actually true. Not sure what level of responsibility United has without knowledge of the details.
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Old Sep 12, 2020, 2:11 pm
  #18  
 
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If UA is assigning the FAs or the clients are specifically saying they only want young, female FAs and United is doing it, they should pay a hefty penalty. If the client is actually requesting specific FAs, then I'd say the only place that should be addressed is in the union contract.
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Old Sep 12, 2020, 3:22 pm
  #19  
 
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I was told the teams pick the FA's and generally if they don't do something to piss someone off - they are requested over and over for the charter season.
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Old Sep 12, 2020, 5:45 pm
  #20  
 
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Is this right? From the bottom of page 5 of the Complaint, linked above:

"The average years of seniority of pre-merger United Airlines flight attendants is 35 years, while the average length of seniority for pre-merger Continental Airlines flight attendants is 14 years."

Surely there can't be that many FA's with 45-55 years experience?
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Old Sep 12, 2020, 5:57 pm
  #21  
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I assume the 14 years is a typo that wasn't caught. I noticed another one, where some words were repeated.
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Old Sep 12, 2020, 7:09 pm
  #22  
 
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Originally Posted by AndyPatterson
Is this right? From the bottom of page 5 of the Complaint, linked above:

"The average years of seniority of pre-merger United Airlines flight attendants is 35 years, while the average length of seniority for pre-merger Continental Airlines flight attendants is 14 years."

Surely there can't be that many FA's with 45-55 years experience?
There are thousands at 45+ year seniority...
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Old Sep 12, 2020, 8:34 pm
  #23  
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Originally Posted by MSPeconomist
I don't want to send this thread into OMNI PR, but who on the team is allegedly making these decisions and how much information do they have about FA candidates? Could the team just be re-requesting FAs who have "pleased" them in the past?
This. When you charter an aircraft it essentially becomes a private flight and the chartering individual/organization should theoretically be able to have whoever they want as crew (assuming they’re properly qualified of course).
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Old Sep 12, 2020, 9:05 pm
  #24  
 
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Originally Posted by cmd320
This. When you charter an aircraft it essentially becomes a private flight and the chartering individual/organization should theoretically be able to have whoever they want as crew (assuming they’re properly qualified of course).
Very well said.
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Old Sep 12, 2020, 10:05 pm
  #25  
 
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Originally Posted by cmd320
This. When you charter an aircraft it essentially becomes a private flight and the chartering individual/organization should theoretically be able to have whoever they want as crew (assuming they’re properly qualified of course).
Ah, so they could say"only young, white, blond FAs on these flights"? I think there are multiple courts that would strongly disagree.

The chartering org can specify specific people, but it becomes an issue if the FA group is diverse but those selected... aren't.
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Old Sep 12, 2020, 10:18 pm
  #26  
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Originally Posted by lowfareair
Ah, so they could say"only young, white, blond FAs on these flights"? I think there are multiple courts that would strongly disagree.

The chartering org can specify specific people, but it becomes an issue if the FA group is diverse but those selected... aren't.
They could say I want flight attendants only named Blake. It’s the choice of the charterer.

I’m not defending the choice, but if you’re paying for the whole plane and crew, I don’t see how the airline can really contest the charterer’s requests unless it’s not possible.
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Old Sep 12, 2020, 10:28 pm
  #27  
 
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Athletes are young and full of testosterone. If a young and attractive crew is what they want, give it to them. It’s not a normal flight, it’s a charter. You can’t tell the client you must accept old and cranky crews. If UA did that, the client would fly someone else.
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Old Sep 12, 2020, 10:45 pm
  #28  
 
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I won't speak to the merits of the lawsuit since I don't know enough of the facts. I will speak about charters, of which I have sufficient background. We would never say "give us FA's with the following attributes........". That is a lawsuit waiting to happen. Remember, anyone can sue and the damage defending your company can be crippling. We ALWAYS would request FA's that had worked flights for us before. Most (but not all) people flying charters/private can be pretty exacting. Once you find a crew they like, you don't deviate.
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Old Sep 12, 2020, 11:28 pm
  #29  
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Originally Posted by raehl311
If the airline is providing the FAs requested by the client, I'm not sure how much responsibility the airline might bear here - if the client says, no FAs over 30, and United honors that request, is the grievance really against United or is it against the charter organizer?
That would probably be illegal on both their parts. Based on precedent, United gets penalized. (It happened in Trump's casinos. The casinos were penalized, I didn't hear of any penalties against the customer.)

One possibility that doesn't seem would be illegal: a player (on a non-charter flight) sees a flight attendant he likes. He requests the team coordinator get her for the charter flights. When arranging the charter flights, the team coordinator provides a list of FAs who the players happen to have individually requested.
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Old Sep 12, 2020, 11:52 pm
  #30  
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Originally Posted by raehl311
...
If the airline is providing the FAs requested by the client, I'm not sure how much responsibility the airline might bear here - if the client says, no FAs over 30, and United honors that request, is the grievance really against United or is it against the charter organizer?

If the charter org is selecting FAs from a list of FAs, is United only providing young, white, blonde FA on that list? Or does United provide a complete list and then the charter org picks from that list, and only happens to pick young, white FAs?

...
Originally Posted by cmd320
This. When you charter an aircraft it essentially becomes a private flight and the chartering individual/organization should theoretically be able to have whoever they want as crew (assuming they’re properly qualified of course).
Originally Posted by lowfareair
Ah, so they could say"only young, white, blond FAs on these flights"? I think there are multiple courts that would strongly disagree.

The chartering org can specify specific people, but it becomes an issue if the FA group is diverse but those selected... aren't.
Originally Posted by cmd320
They could say I want flight attendants only named Blake. It’s the choice of the charterer.

I’m not defending the choice, but if you’re paying for the whole plane and crew, I don’t see how the airline can really contest the charterer’s requests unless it’s not possible.
I am not passing judgement on the facts of the suit, that's for a court to decide, not Flyertalk - however, I want to point out some issues with some of these assumptions. Staffing a crew for a charter, or any private flight, or any public flight, is a hiring decision covered by existing federal laws that prohibit discrimination. You cannot request an all-female crew, an all-male crew, a crew of a certain age range, or a certain race - those are all protected classes, and subject to anti-discrimination law, so no, a charter customer is not allowed to have these requests fulfilled. They can make the request, but United cannot legally follow that request. No different than a client who is purchasing a home through me saying "I will only purchase a home from a white seller, or I only want to live in an Asian neighborhood" - legally I must ignore their request, I cannot fulfill or even consider it.

So the question that a charter customer can have this request fulfilled is moot - they cannot - so the remaining question that resolves the case is whether or not there is evidence that a protected class of employee was specifically excluded from these flights based on age, gender or race, and that remains to be determined by the evidence presented in court.
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