11th Circ. Upholds NetJets Win In Muslim Pilot's Bias Suit
By Danielle Nichole Smith
"Law360 (May 31, 2019, 7:01 PM EDT) -- The Eleventh Circuit on Friday refused to revive a former NetJets pilot's suit alleging he was placed on administrative leave and ultimately fired because he was Pakistani and Muslim, finding the pilot didn't show his firing stemmed from discrimination."
I find this case very interesting, as it is a reminder of the kind of evidence needed to win an employment discrimination lawsuit. Of course, the 11th Circuit US Court of Appeals (covering Alabama, Georgia and Florida) is very conservative when it comes to this, but so are some others. Essentially, the Court said that showing other people who were treated differently isn't enough to show bias. Showing retaliation for complaining requires a very close connection in time between the complaint and the termination or other allegedly retaliatory action -- closer than 3 months.
Here's how Law 360 summarized the case: "But Siddiqui does not point to any evidence in the record, apart from his proffered comparators, that would support an inference that the real reason for either the initial investigation or the ensuing delay was discrimination on the basis of his race, religion or national origin." The panel also held that the lower court properly dismissed Siddiqui's retaliation claims, finding the pilot hadn't shown there was a causal connection between a letter from his attorney raising concerns of discrimination and the decision to extend his administrative leave. Nor could he claim retaliation based on the company's decision to fire him 90 days after he received a right to sue letter from the U.S. Equal Employment Opportunity Commission, the panel said, since receiving the letter wasn't protected activity.
"And even if it were protected activity, temporal proximity must be very close — absent other evidence — to indicate causation," the panel wrote. "The three-month delay here, without more, is not enough." Read more at: http://bit.ly/2HU0yEZ
See this link: https://www.law360.com/employment/articles/1164861/11th-circ-upholds-netjets-win-in-muslim-pilot-s-bias-suit?nl_pk=8a8ce1fc-75c7-4ce5-917e-8a07a0ec3dcd&utm_source=newsletter&utm_medium=email&utm_campaign=employment%3Fcopied%3D1
