Carder v. Continental Airlines, Inc.
2011 U.S. App. LEXIS 5847
| 5th Cir. | 2011Background
- Appellants are USERRA-protected reservists employed as Continental Airlines pilots who allege a class-wide hostile work environment.
- The district court dismissed the hostile environment claim under Rule 12(b)(6), holding USERRA does not authorize such a claim.
- Appellants’ allegations include derisive comments about military service and restrictions on military leave.
- Other non-hostile USERRA claims remained, and the district court certified the class for interlocutory appeal.
- The Fifth Circuit affirms the district court’s dismissal of the hostile environment claim and remands for further proceedings on remaining issues.
- USERRA forbids discrimination in employment benefits based on military service, but the court analyzes whether that statute also encompasses harassment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USERRA supports a hostile work environment claim. | Carder contends USERRA's broad anti-discrimination purpose includes harassment claims. | Continental argues USERRA's plain text only covers denial of benefits, not hostile environment. | No hostile work environment claim under USERRA. |
Key Cases Cited
- Meritor Savings Bank v. Vinson, 477 U.S. 57 (Supreme Court, 1986) (hostile environment framework based on terms, conditions, or privileges)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (Supreme Court, 1993) (harassment must alter conditions of employment)
- Suders v. Penn. State Police, 542 U.S. 129 (Supreme Court, 2004) (harassment must be severe or pervasive to alter employment conditions)
- Oncale v. Sundowner Offshore Servs., 523 U.S. 75 (Supreme Court, 1998) (harassment must be sufficiently offensive to alter conditions of employment)
- Flowers v. S. Reg'l Physician Servs., 247 F.3d 229 (5th Cir. 2001) (ADA/HW theory based on terms, conditions, or privileges)
- Vega-Colon v. Wyeth Pharms., 625 F.3d 22 (1st Cir. 2010) (circuit assumption of USERRA hostile environment claim in some contexts)
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit, 547 U.S. 71 (Supreme Court, 2006) (repetition of language implies incorporation of judicial interpretations)
- Soledad v. United States Dep't of Treasury, 304 F.3d 500 (5th Cir. 2002) (ADA/ Rehabilitation Act alignment with harassment standards)