COURT GRANTS AMERICAN AIRLINES’ MOTION TO DISMISS CUSTOMER BOARDING DISCRIMINATION CLAIMS
February 9, 2018
In Shin v. American Airlines Group, Inc. (E.D.N.Y. Aug. 3, 2017), a customer/plaintiff alleged that American “dramatically” refused to allow him to board a flight from DFW to Corpus Christi, Texas, “[f]or the mere fact that the Plaintiff was Korean-American,” while allowing Caucasian customers to board the flight.
In his complaint, the plaintiff alleged claims under Title VI of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York Civil Rights Law. The plaintiff also alleged claims of misrepresentation, breach of the implied covenant of good faith and fair dealing, and breach of contract. For each claim, the plaintiff sought $1 million in compensatory damages and $5 million in punitive damages.
The court found that the complaint was “completely devoid of details suggesting intentional discrimination,” such as a “derogatory remark” by an airline employee. The court ruled against the claims based on New York statutes because they do not provide a cause of action for alleged discrimination by a foreign corporation, such as American, that occurs outside New York. The discrimination was alleged to have occurred in Texas. On August 31, 2017, the plaintiff appealed the court’s judgment to the Second Circuit.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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