Greta L. Anderson v. American Airlines Inc.
Published: Sep. 13, 2008 | Result Date: Jul. 17, 2008 | Filing Date: Jan. 1, 1900 |Case number: 3:05-cv-04292-SI Verdict – $1,238,330
Facts
In Aug. 2003, defendant American Airlines Inc. referred plaintiff Greta Anderson, 50s, to occupational therapist Robert Brown after she became involved in an argument with a passenger as well as the airline captain and was removed from a flight sequence. She called various managers, scheduling personnel complaints of the incident. Brown determined plaintiff was psychologically and emotionally unable to perform her essential job functions and recommended that "no safety-sensitive duties" be imposed. The work restriction precluded plaintiff from being a flight attendant. Despite warnings from supervisors to cease and desist, plaintiff contacted Brown repeatedly requesting a copy of the report.
On Sept. 15, 2005, defendant terminated plaintiff for insubordination after 29 years of service. The plaintiff sued defendant for employment discrimination.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant harassed and discriminated against her based on her disability. It also wrongfully terminated her employment in retaliation for her complaints, in violation of the California Fair Employment and Housing Act.
DEFENDANT'S CONTENTIONS:
The defendant contended it terminated plaintiff for legitimate business reasons.
Damages
The plaintiff sought $1.2 million for emotional distress. The parties stipulated plaintiff's past and future lost wages were $238,222. In July 2007, plaintiff obtained a job at Dillard's Department Store, earning less than she did when she worked for defendant. She receives $1,978.19 per month in pension benefits from defendant.
Result
The jury returned a $1,238,333 verdict for plaintiff, finding her mental disability a motivating reason for her discharge.
Deliberation
one day
Poll
8-0
Length
two weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390