The parties have reached a $36.5 million settlement in a class action filed against United Airlines, Inc. on behalf of female flight attendants, who allege that companies use of different weight policies from male and female flight attendants between 1989 and 1994 constituted illegal sex discrimination under federal and state law. Women of the eligible to take part in the settlement who have not received notification should contact attorneys for the class immediately. Claim forms must be postmarked by March 15, 2004, to be considered valid.
There are three separate subclasses of women who may take part in the settlement. The first subclass is composed of all female flight attendants who were employed by United Airlines at any time from March 15, 1994, to August 16, 1994. The second subclass is composed of all female flight attendants who were terminated, retired, or resigned at any time after January 5, 1989, as a result of their failure to comply with United's weight requirements. The third subclass is composed of all flight attendants who timely opted into the Age Discrimination in Employment Act portion of the case.
As of February 17, 2004, almost 1,000 women had filed claims. In December 2002, the court granted preliminary approval to the settlement with United Airlines along with attorneys' fees and interest. The proceedings were stayed when United filed for bankruptcy. The parties jointly agreed to seek permission to lift the stay, which the bankruptcy court granted on November 21, 2003. The bankruptcy court will consider the settlement as a pre-petition claim that existed before United filed for Chapter 11.
From 1980 to 1994, United required female flight attendants to weigh 14 to 25 pounds less than male colleagues of the same height and age. The plaintiffs alleged that the women attempted to lose weight by various means, including severely restricting their caloric intake, using diuretics, and purging. Each of the 13 named plaintiffs, however, was disciplined and/or terminated for failing to comply with the weight requirements.
One certified class comprises all female flight attendants employed at any time between March 15, 1994, to August 16, 1994, or were employed and terminated, retired, or resigned at any time after January 5, 1989, as a result of their failure to comply with the weight requirements and did not opt out in 1994. A second class consists of flight attendants over age 40 who filed a consent to join the case under the federal Age Discrimination in Employment Act.
United agreed to pay $30 million plus 2 percent interest starting December 6, 2002, until the settlement is completely disbursed. The allocation plan provides $13.8 million in suspension back pay for class members who were suspended without pay for exceeding the weight limit. Terminated flight attendants will receive $1.6 million in post-separation back pay while constructively discharged flight attendants will receive $600,000. A $2 million general emotional distress fund will be distributed among class members who can describe how they suffered emotional distress related to the weight policy. Another $8.7 million, minus administration costs, goes to a specific emotional distress fund for members who submit records of professional treatment for medical, psychological, or other health effects.
Additionally, the United will pay $27,906 in back pay to ADEA class members who were suspended without pay. Back pay under the settlement will be considered basic compensation for purposes of calculating pension benefits and is on top of the award. Class members may submit claims under more than one plan of allocation if so eligible.