Jan Dasher v. United Airlines
A-0791-22
N.J. Super. Ct. App. Div.Mar 6, 2024Background
- Jan Dasher, a Black former employee of United Airlines, was terminated after United discovered he had an undisclosed sexual relationship with a subordinate (R.D.), in violation of the airline's Code of Ethics and Business Conduct and Working Together Guidelines.
- Dasher was alleged to have misleadingly answered questions during United's investigation into the relationship, further violating company policies.
- Dasher argued that the stated reason for his termination was a pretext for racial discrimination, claiming non-minority supervisors had engaged in similar conduct without facing termination.
- He also claimed that his transfer to a different work area was racially motivated and constituted a demotion, although the record indicated the transfer was standard and implemented by a Black supervisor.
- Dasher brought claims under the New Jersey Law Against Discrimination (NJLAD) against United, his supervisors, and R.D.; default judgment was entered against R.D., but the court dismissed the claims after a proof hearing, finding no damages or causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of termination under company policies | United's reason was a pretext for discrimination | Dasher was terminated for policy violations; ample evidence supported legitimate grounds | Termination was for legitimate, non-discriminatory reasons |
| Racial discrimination in termination (NJLAD) | Non-minority supervisors not terminated for similar conduct | No evidence of differential treatment; plaintiff failed burden of proof | No evidence of discriminatory intent or pretext |
| Alleged discriminatory transfer | Transfer to TOB was pretext for discrimination | Transfers standard and conducted by Black supervisor; no evidence of harm | No evidence of discrimination; standard practice |
| Damages and liability on default judgment vs. R.D. | Conduct by R.D. caused termination and harm | Termination unrelated to R.D.'s allegations; no damages proven | No damages shown; dismissal of claims affirmed |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (establishes burden-shifting framework for discrimination claims)
- Zive v. Stanley Roberts, Inc., 182 N.J. 436 (inference of discrimination and employer's burden in discrimination cases)
- Dixon v. Rutgers, The State Univ. of N.J., 110 N.J. 432 (burden shifting for discrimination claims)
- Allen v. V & A Bros., Inc., 208 N.J. 114 (preclusive effect of summary judgment)
- Adelman v. BSI Fin. Servs., Inc., 453 N.J. Super. 31 (summary judgment is a final judgment on the merits)