Rabe v. United Air Lines, Inc.
636 F.3d 866
| 7th Cir. | 2011Background
- Rabé, a French citizen, worked as United Airlines flight attendant from Paris and Hong Kong bases, under a contract that designated US law as governing and US/Illinois forums for disputes.
- The contract required Rabé to join the Association of Flight Attendants and specified the aircraft and routes as the employment establishment.
- Rabé was fired in April 2008 for alleged voucher misuse after managerial tensions related to her sexual orientation; she was 40 at the time.
- Rabé sued in October 2008 in US District Court alleging Title VII, ADEA, and IHRA violations; the district court dismissed for lack of jurisdiction because she worked abroad.
- On appeal, the Seventh Circuit held the contract’s choice of US law extended substantive protections to Rabé and that subject matter jurisdiction for federal claims existed; RLA did not preclude or preempt the claims, which should proceed on the merits.
- The case was remanded for proceedings on the merits, with the district court to consider the claims as arising from breach of contract and/or promissory estoppel alongside Title VII, ADEA, and IHRA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court had subject matter jurisdiction over Rabé's claims | Rabé | United | Subject matter jurisdiction exists; merits may follow |
| Whether the employment contract's choice of US law extends protection to Rabé | Rabé | United | Contract extends substantive US law protections to Rabé |
| Whether Rabé's claims are preempted by the Railway Labor Act | Rabé | United | RLA does not preclude or preempt the claims |
| How the case should be treated procedurally given merits vs jurisdiction | Rabé | United | Treat as merits-based claims; remand for merits proceedings |
Key Cases Cited
- Arbaugh v. Y & H Corp., 546 U.S. 500 (U.S. Supreme Court, 2006) (jurisdictional limitations treated nonjurisdictional when not in statute)
- EEOC v. Arabian American Oil Co., 499 U.S. 244 (U.S. Supreme Court, 1991) (alien exemption discussion for employment claims)
- Peters v. Gilead Sciences, Inc., 533 F.3d 594 (7th Cir., 2008) (employer may extend statutory protections by contract even if not statutory coverage)
- Allis-Chalmers Corp. v. Lueck, 471 U.S. 202 (U.S. Supreme Court, 1985) (preemption limits under contract/relationship frameworks)
- Brown v. Illinois Central R.R. Co., 254 F.3d 654 (7th Cir., 2001) (RLA preemption considerations for claims tied to CBA)
- Carmona v. Southwest Airlines Co., 536 F.3d 344 (5th Cir., 2008) (discrimination claims not preempted when not challenging CBA terms)