Dix v. United Airlines

In 1973, United Airlines (United) (defendant) entered a consent decree pursuant to a lawsuit brought by the Equal Employment Commission, alleging race discrimination. United’s affirmative-action plan (plan) took measures to recruit African American flight attendants. By January 1998, when 15 percent of the labor pool was African American, 8.66 percent of United’s flight attendants were African American. In July 1998, Christopher Dix (plaintiff) saw a newspaper advertisement for bilingual flight attendants at United. Dix attended an informational session although he was not bilingual. A United representative stated that anyone who was not bilingual or African American did not meet the job requirements and should leave. Although Dix was white and not bilingual, he stayed. Dix filled out several forms, including one where he checked a box that said he spoke another language. United asked Dix to give an oral presentation about why he wanted to be a flight attendant, on which he received poor scores. In Dix’s conversations with United representatives, the bilingual requirement was not mentioned. United offered the job to three candidates who were not African American, but not Dix. Dix sued United pro se, alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964. United moved for summary judgement, alleging that the decision not to hire Dix was not the result of the plan and, if it was, the plan was legal. Dix moved for summary judgment, alleging that United illegally discriminated against him in denying him employment.