Jennifer McInerney, a former United Air Lines ramp supervisor, was awarded
$3 million by a federal court jury in Colorado after finding that McInerney
was retaliated against by United for making a discrimination complaint.
McInerney became pregnant in 2005. Anticipating that her pregnancy may
have complications, she requested assignment to alternate positions, which
requests were denied. Her son was born 11 weeks premature in November
and she took all available family and medical leave, vacation leave and
sick time. When her time off expired in March 2006, United refused to
give her additional unpaid leave, although McInerney claimed that male
ramp attendants were given unpaid time off. United ordered her to return
to work in March 2006. When she didn’t return, United terminated
her, claiming there was a shortage of ramp supervisors, and that when
McInerney requested unpaid leave, the company couldn’t hold her
job open any longer.
The jury found that although United did not discriminate against McInerney
because she was a woman when it refused her request for additional unpaid
leave, but it did find that she was retaliated against for having made
the discrimination complaint to the company in the first place.
Senior Federal District Judge Richard P. Matsch denied United’s
post-trial motions, including a motion for reduction in the $3 million
judgment amount. As to the latter motion, the judge said, “The defendant
consistently refers to this case as a “garden-variety” emotional
distress damages case. That characterization is a reflection of the same
callous indifference to Ms. McInerney’s plight as was shown by Kevin
Mortimer in refusing to consider the plaintiff’s repeated requests
for accommodation.”
Colorado and other employers should look very carefully at their personnel
decisions following an employee’s request for accommodation and
discrimination complaints. Employer rules should prohibit any retaliatory
action against the employee. Training of supervisors and making employees
aware of recognizing possible retaliatory actions is a good starting place
for preventing lawsuits similar to the McInerney case.
Denver Colorado Jury Awards United Airlines Ramp Supervisor $3M in Damages for Airline's Retaliation to Her Discrimination Complaint
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