Gordon v. United Airlines

Leroy Gordon (plaintiff) was a Black male over the age of 40 who worked for United Airlines, Inc. (United) (defendant) as a probationary flight attendant. During a 21-hour layover in Los Angeles, Gordon had numerous problems with his hotel room. After unsuccessfully trying to move rooms or hotels, Gordon flew home to Chicago to shower and change clothes. Gordon then approached the Chicago crew desk supervisor, Henry Velasco, about flying back to Los Angeles to begin his next shift. Gordon claimed that Velasco gave him permission to be rescheduled for a different shift. However, Velasco claimed that Gordon’s absence from his next shift was unauthorized. Velasco lacked the authority to make employment decisions but marked Gordon’s absence as unauthorized. Gordon’s supervisor terminated Gordon for the unauthorized absence. Gordon had no prior formal warnings in his employment record. Gordon had been given some informal warnings but had also received awards and commendations. Gordon sued United, alleging race and age discrimination. United’s witnesses were unable to consistently explain what an unauthorized absence was, why Gordon’s conduct qualified, or which manager with employment authority had determined that Gordon’s absence was unauthorized. The only other flight attendant that United had charged with an unauthorized absence was a White female under 40 who had received a warning. The district court granted summary judgment for United, and Gordon appealed.