Sponsor Message:
Civil Aviation Forum
My Starred Topics | Profile | New Topic | Forum Index | Help | Search 
Nonrev Sues Continental For Racial Discrimination  
User currently offlineB747-437B From , joined Dec 1969, posts, RR:
Posted (12 years 3 months 2 weeks 2 days 5 hours ago) and read 2665 times:

Michael Dasrath, who was traveling on a Continental Airlines non-revenue standby pass obtained through his wife, has sued Continental Airlines for the "economic loss, humilitation, embarassment, emotional distress and the deprivation of the right to travel as a passenger in air transportation".

Mr. Dasrath, a US Citizen of Guyanese origin, believes that he was pulled out of his non-revenue First Class seat on a flight on NEW YEARS EVE from Newark to Tampa solely on the basis of his somewhat Middle Eastern appearance.

Continental later reaccomodated him as POSITIVE SPACE PASSENGER in FIRST CLASS on a flight to Orlando leaving 30 minutes later, as well as provided him VOUCHERS for ground transportation to Tampa. However, he allegedly suffered "financial injury" as a result of this.

Read the complete text of the plaint at : http://news.findlaw.com/cnn/docs/aclu/dasrathcnt60402cmp.pdf

79 replies: All unread, showing first 25:
 
User currently offlineRootsgirl From Canada, joined Mar 2001, 530 posts, RR: 2
Reply 1, posted (12 years 3 months 2 weeks 2 days 4 hours ago) and read 2616 times:

I think we need all the facts here.

Non revs should go on last. Is it possible that a confirmed pax upgraded? If this is the case the airline will usually remove the pax that checked in last ( obviously the non-rev) It appears that Continental tried to make up for this by giving him a " confirmed" seat on the next flight as well as vouchers. I am in the industry and this is not abnormal.

But, I can't seem to get into the URL that has the text of the plaint, so I really don't know the pax side to it.


User currently offlineErj-145mech From United States of America, joined Oct 2001, 306 posts, RR: 1
Reply 2, posted (12 years 3 months 2 weeks 2 days 4 hours ago) and read 2580 times:

Non-Rev's, or pass riders do not have legal recourse, due to the "terms and conditions" that they accept when they use the privilege. It is not policy to give the pass rider a first class seat and voucher if they are denied boarding for whatever reason. He must have been a first class upgrade to receive these.

If he was a bona fide pass rider, and he caused a scene, he would jeopardise his wife's pass riding privilege, or possibly cause for dismissal.

Dave
TYS MX
Continental Express


User currently offlineArsenal@LHR From United Kingdom, joined Mar 2001, 7792 posts, RR: 19
Reply 3, posted (12 years 3 months 2 weeks 2 days 4 hours ago) and read 2568 times:
Support Airliners.net - become a First Class Member!

If he was of Guyanese origin, then he must have been a black person, so how can he have a "middle eastern appearance"?

Arsenal@LHR



In Arsene we trust!!
User currently offlineDavid_itl From United Kingdom, joined Jun 2001, 7379 posts, RR: 13
Reply 4, posted (12 years 3 months 2 weeks 2 days 4 hours ago) and read 2560 times:
Support Airliners.net - become a First Class Member!


Arsenal, there's a fair amount of people with Indian ethnicity on Guyana as well!

David


User currently offlineLooks2SkyOften From United States of America, joined Jun 2002, 5 posts, RR: 0
Reply 5, posted (12 years 3 months 2 weeks 2 days 4 hours ago) and read 2556 times:

I personally think these race based lawsuits are ludicrous and are going to destroy the industry and eventually kill more Americans. This is falling right into the plan of our enemies, our rules and freedoms are playing against us and it will turn us against one another, it is unfortunate but things have changed, many things and if it means you have to put up with a little extra crap because people of your mother land infiltrated the trust of your fellow Americans and killed them, then deal with it or go back.

I do not consider my self racist but the facts remain, 19 men of middle eastern decent overtook four airliners and killed thousands of american citizens. Are we not supposed to take a closer look at these individuals, should we just let it happen again because we are afraid we will be sued, am I as a pilot supposed to suspect someone and not do anything about it only to find that individual jamming a plastic fork into my neck or trying to ignite his sneakers. These law suits are frivolous and greedy, they need to be thrown out immediately and the federal government needs to stand behind that decision. It is now an issue of national security, period!


User currently offlineBrick From United States of America, joined Aug 1999, 1585 posts, RR: 7
Reply 6, posted (12 years 3 months 2 weeks 2 days 3 hours ago) and read 2553 times:

I've lost count how many times I've been settled into to first class and I've gotten yanked back into coach while flying non-rev with AA. Just about how many times I've been settled in coach and have had to get off the plane all together because of a late passenger check-in.

In the non-rev world it's very common...

Mark Abbott
Denver, CO



A noble spirit embiggens the smallest man...
User currently offlineMcringring From , joined Dec 1969, posts, RR:
Reply 7, posted (12 years 3 months 2 weeks 2 days 3 hours ago) and read 2542 times:

Yeah, but I'm sure you weren't removed because another passenger thought you were acting suspicious, despite not talking to anyone or getting out of your seat - which is this man's (and the ACLU's  Yeah sure ) claim. Even saying that the other CO employees recognized this as profiling and were apologetic and embrassed. They also probably didn't go through your luggage and destroy a computer you bought for your kids. Another claim.

I'd like to see what the crew on that flight has to say.


User currently offlineLooks2SkyOften From United States of America, joined Jun 2002, 5 posts, RR: 0
Reply 8, posted (12 years 3 months 2 weeks 2 days 3 hours ago) and read 2515 times:

I have read the above complaint by the party suing and if they are the facts this man and the others were defiantly unfairly treated. They judged tried and punished based on anther passengers suspicion because they were of "brown skin" thats what she said, frankly continental should of removed her for starting a ruckus. A better solution would have been for the captain to speak to these men inquire about there travel, this is the kind of "extra crap" I mentioned above, but again this puts the captain on the hook for a law suit based on discrimination. Can we be safe without being discriminatory.

User currently offlineUal777contrail From , joined Dec 1969, posts, RR:
Reply 9, posted (12 years 3 months 2 weeks 2 days 3 hours ago) and read 2502 times:

this is crap,when you are non reving you know that you are the bottom of the food chain.

he is playing the race card and he won.CO should have pulled his wifes passes and pulled his as well.

i dont care if your black or white,when you non rev you have to expect that.

i have been pulled out of first class and told to go sit in coach,other way around as well.i was told that first class just opened up would you like to sit up there?


you have no rights as a non rever.your not even paying for a tkt!!!


User currently offlineMcringring From , joined Dec 1969, posts, RR:
Reply 10, posted (12 years 3 months 2 weeks 2 days 3 hours ago) and read 2499 times:

Ual777contrail: read the complaint, think about it, then consider opening your mouth. But only if you have something worth saying.

User currently offlineArsenal@LHR From United Kingdom, joined Mar 2001, 7792 posts, RR: 19
Reply 11, posted (12 years 3 months 2 weeks 2 days 2 hours ago) and read 2486 times:
Support Airliners.net - become a First Class Member!

Yeah i forgot that, guyanese people of indian origin, that's why they thought he was "arab looking".




In Arsene we trust!!
User currently offlineHmflyer From United States of America, joined Jul 2001, 83 posts, RR: 0
Reply 12, posted (12 years 3 months 2 weeks 2 days 2 hours ago) and read 2471 times:

If you read the facts it is clear that the passenger was not removed to let revenue passengers take their seats. If that had been the case, CO would not have gone through great lengths to get the nonrevs on the Orlando flight.

People seem to feel that when you are flying nonrev, you are not entitled to basic respect, this is not the case. True you are at the bottom of the food chain when it comes to getting a seat or meals, but when it comes to being treated with respect, nonrevs are entitled to as much as anyone else.

If in fact CO removed this nonrev for no other reason but their appearance than CO should be held liable. Nonrev or not, that passenger had as much right to be on the plane as anyone else. If some other passenger has a problem with his appearance, she should have been given the option to leave.

Remember the blind passenger that sued America West because they were removed from First Class because another passenger objected to the seeing-eye dog. The passenger won the suit and was in fact a non-rev.

I guarantee that the LAST thing CO will do is pull the wife's nonrev passes. To do so would only give another reason, rightfully so, to sue.



User currently offlineAlpha 1 From , joined Dec 1969, posts, RR:
Reply 13, posted (12 years 3 months 2 weeks 2 days 1 hour ago) and read 2446 times:

I guarantee that the LAST thing CO will do is pull the wife's nonrev passes. To do so would only give another reason, rightfully so, to sue.

No, they won't pull her pass privelages, but if she and her hubby are suing, over something the airline has a right to do-airlines have a right to deny anyone boarding), then they'll just terminate her employment with the company.


User currently offlineFly_emirates From United Arab Emirates, joined Oct 2000, 1046 posts, RR: 9
Reply 14, posted (12 years 3 months 2 weeks 2 days 1 hour ago) and read 2425 times:

when i saw the post first of all and saw that he is a non rev passenger, i thought well he cant sue, but while reading the complaint, i can only say that America is getting paranoia all over the place! I mean true that the people who hijacked the planes were of a middleastern descent, but the terrorists are not that stupid to play the same game again, and they would want to use another method.

I travel as a non-rev on myairline, just paying 5% of the ticket price, and i would understand that i should giveup my seat if there was a revenue passegner, the thing is when i am working on that flight and a passenger comes to me and she is like "Oh, i dont feel comfortable flying with that passenger because he is from such race," i would rather deplane her, and put her on another flight. in addition, she was seated in economy, what would bring her to the first class? and why did the captain listen to her instead of calming her down? this is a real case of racial discrimination.

the only case of deplaning that i agree with is the case that occured on American airlines, when they had to deplane the armed secret agent.

and ual777contrail, when ever i read your comments, they are just as sick! please consider reading the facts when you post next time, rather than making your self appear as a mindless idiot.



User currently offlineNonrevman From United States of America, joined Nov 2001, 1297 posts, RR: 1
Reply 15, posted (12 years 3 months 2 weeks 2 days 1 hour ago) and read 2425 times:

I have to go with HMflyer on this one. If he was removed because of skin color and not because of another check-in, then we have a problem here (nonrev or not). Since none of us likely observed the actual situation, who knows exactly what happened?

As a nonrev, I would say that we are simply lucky to get on the plane these days. First Class is a great benefit, but the paying people must be accomodated first. However, if a nonrev is removed due to discrimination alone, then they do have a case.


User currently offlineSquigee From Canada, joined May 2001, 652 posts, RR: 4
Reply 16, posted (12 years 3 months 2 weeks 2 days 1 hour ago) and read 2401 times:

It would be a shame if this one incident ruines it for everyone... imagine if Continental decides it's a smaller hassle and risk if they stop the whole program


Someday, we'll look back at this, laugh nervously, and then change the subject.
User currently offlineArtsyman From United States of America, joined Feb 2001, 4745 posts, RR: 33
Reply 17, posted (12 years 3 months 2 weeks 2 days ago) and read 2393 times:

I am interested to see how he suffered financial injury. I hope that he was trying to get to a business meeting or something as we are not allowed to use our passes for business travel, they are for pleasure only, so if he missed a business meeting or something because of this, then he is up the creek

Jeremy


User currently offlinePadcrasher From , joined Dec 1969, posts, RR:
Reply 18, posted (12 years 3 months 2 weeks 2 days ago) and read 2388 times:

The fact that he was non-reving does not mean squat. If it is determined CO was grossly negligent then damages can be awarded. No company can waive away liability for actions that are determined to be "grossly negligent". No matter what the terms and conditions of his ticket read. To make an extreme case, the gate agent cannot shoot non-revs they dislike can they? Or do the terms and conditions of his ticket allow this.

User currently offlineMcringring From , joined Dec 1969, posts, RR:
Reply 19, posted (12 years 3 months 2 weeks 2 days ago) and read 2378 times:

Artsyman: read the link at the top of the page. He was just trying to get home to his family for New Year's. I doubt that's against company policy. He claims the laptop he bought for his kids was destroyed because someone tore open his bag. Then again, I guess they can always post a "not responsible for theft or damage" sticker somewhere to relieve themselves of even more responsibility. Better yet, a "we can do anything we want" sticker would advise travellers that they have no rights, as some here would have us believe.

BTW, you would think people would actually read the link before spouting their "airlines can never do wrong" rhetoric. Not aimed at anyone in particular, but I'm sure you know who you are. We'll have a better idea of the whole picture if and when CO issues a statement about this, but I'm sure it will be along the lines of "can't comment on litigation."


User currently offline777236ER From , joined Dec 1969, posts, RR:
Reply 20, posted (12 years 3 months 2 weeks 2 days ago) and read 2358 times:

over something the airline has a right to do-airlines have a right to deny anyone boarding

Despite what's said on the ticket, airlines need a reason to offload somebody. Their legislation does not superceed state and federal legislation. If a person is offloaded because they're black or asian or female or a lowly coach customer or just because the captain didn't like them, the airline is in the wrong, DESPITE what's written on the ticket, and the passenger should (rightfully) sue and win damages.


User currently offlineArtsyman From United States of America, joined Feb 2001, 4745 posts, RR: 33
Reply 21, posted (12 years 3 months 2 weeks 1 day 23 hours ago) and read 2343 times:

Despite what you guys think, a non rev has no rights when it comes to getting a seat, none. We are told this, it is on a waiver that we have to acknowledge everytime we go to list ourselves for a flight. There are lots of times that non revs are pulled off a flight because a full fare showed up last minute. Non revving is a perk, it is a space available perk. I am not sure what the guy is expecting to gain, his wives job will be strained severely, and he is never going to get much money out of this if any at all, so all he is doing is making life difficult for everyone.

Jeremy


User currently offlineAvion From Bouvet Island, joined May 1999, 2205 posts, RR: 7
Reply 22, posted (12 years 3 months 2 weeks 1 day 23 hours ago) and read 2331 times:

I think MR. Dasrath is 100% right. He was removed on the basis of racial discrimination and CO should pay for that.

Tom


User currently offlineExitRow From , joined Dec 1969, posts, RR:
Reply 23, posted (12 years 3 months 2 weeks 1 day 23 hours ago) and read 2322 times:

After reading the complaint (which I recommend to everyone), it seems like an unfortunate experience for Mr. Dasrath. It also has almost nothing to do with "non-revenue" service. Based on this account, this man was needlessly pulled from the plane and subjected to stress he did not deserve.

The key phrase in the complaint IMO is:

Mr. Dasrath was cleared by airport security to proceed to gate C-91, where his flight was scheduled to depart at 4:10 p.m.

Whether the woman with the dog was suspicious or not, Mr. Dasrath PASSED two security checks. (Including the "random" second check.) Would she and her dog be more at ease if they strip-searched him in the cabin and duct-taped him to his seat?

"...brown-skinned men are behaving suspiciously."

If this phrase was indeed spoken aloud and confirmed, and the Captain removed the passenger based on that complaint despite being cleared by airport security personnel, the airline seems to have discriminated against Mr. Dasrath and he should be entitled to damages based on the law and not opinion.

As President George W. Bush himself said, "no one should be singled out for unfair treatment or unkind words because of their background or religious faith." Attorney General Ashcroft affirmed, "we must not descend to the level of those who perpetrated Tuesday's violence by targeting individuals based on their race, their religion, [or] their national origin."

Seems like a no-brainer to me. Selective employees of Continental airlines made a bad decision in this case, and unfortunately, the company will have to pay the consequences.

These things should be reviewed on a case-by-case basis and not overly generalised as "playing the race card."




User currently offlineEnglandair From United Kingdom, joined Oct 2000, 2228 posts, RR: 3
Reply 24, posted (12 years 3 months 2 weeks 1 day 23 hours ago) and read 2312 times:

Well it beats working for a living......

25 Jhooper : I read the entire complaint. I think the important thing to remember is that there are two (at least) sides to every story, including this one. I woul
26 B747-437B : I think the important thing to remember is that there are two (at least) sides to every story, including this one. I would be interested in reading Co
27 Jhooper : B747-437B, Why did the gate agent move you the second time?
28 B747-437B : Jhooper - that is exactly my point. Continental will twist the facts in their version of the story. There was no second movement that I made. I was or
29 DouglasDC8 : Well, there goes the little Misses chances for her promotion!!!
30 Geotrash : The real problem at the core of this issue is whether or not the man should consider himself 'entitled' to anything. Aside from safe travel once en ro
31 ExitRow : Aside from safe travel once en route, he is wrong to expect anything since he had not paid for a fare. Racial discrimination, public humiliation, mone
32 JmhLUV2fly : I havnt read through all the replies yet or did I read the article that you provided, but from just reading the initial post; I dont see where this pe
33 Krushny : Sean, nice to see you are back here. Wellcome!!!
34 B757300 : Some of the people on this thread make it sound as if he should have been allowed to stay because he is "non-white". So Continental should have allowe
35 777236ER : political correctness is 75% of the reason why 4 United States airliners were used as weapons on Sept. 11th. Explain why.
36 Hmflyer : B757300, It is obvious you did not read the complaint. Those of us with nonrev privileges perfectly understand that we will be removed for a full fare
37 Braniff727 : Non-revenue travel is a privilege, not a right. That being said, Not being discriminated against is a right, not a privilege. As a non-revenue passeng
38 L-188 : Non-revenue travel is a privilege, not a right. That being said, Not being discriminated against is a right, not a privilege Exactly. All Continental
39 ExitRow : And Mr. Dasrath's attorney could use that same manifest to get a list of witnesses of which, if his allegations are true, would probably testify in hi
40 Post contains images Mirabilis : Remember, folks, that whether a passenger is a non-revenue passenger or a fully-paying passenger, no airline has any right or privilege to engage in r
41 Geotrash : ExitRow, "The real problem at the core is YOU feel entitled to choose who and who cannot be left alone." "Mr. Dasrath probably IS thankful. But unlike
42 ExitRow : Aside from safe travel once en route, he is wrong to expect anything since he had not paid for a fare. Black or white, this man is a jerk. Why can't p
43 Post contains images Geotrash : Gotcha goin', didn't I?
44 Geotrash : "And if someone inadvertently kills someone by accident but through negligence we should be "understanding" and acquit? No, it's called manslaughter.
45 Sk945 : political correctness is 75% of the reason why 4 United States airliners were used as weapons on Sept. 11th. ??? Guess not! It must be 100% poor or no
46 ExitRow : No, Geotrash. My analogy was illustrative, yours was deluding. Pay attention. (Thanks for the smiley... but it's not disarming in the slightest.)
47 Geotrash : BTW, Look in the dictionary under the term "tongue-in-cheek". The following lines from my post will appear. Let's sue the owners of airliners.net beca
48 ExitRow : Yeah, you're right Geotrash. I should relax. I mean c'mon, it's ONLY civil rights. Sheesh. Where's my chill-pill. (Tongue firmly planted in cheek.) Le
49 Flyboy36y : What about the two other pax remover who were NOT non rev? Their removal clearly shows that this is another example of Continental's discriminatort se
50 Geotrash : Flattery will get you nowhere. My argument seems out of gas because you're missing the point. You're focused on commenting the finer points of my deba
51 Geotrash : Actually, I think I have a 3rd point for you Lavatory, I mean ExitRow. Racism sucks...no way around it. While my heart goes out to victims, they need
52 ExitRow : A.) That we should be more thankful for what we have I think my fervor to defend the Constitution is your answer. I am very thankful for what I have.
53 ExitRow : my heart goes out to victims, they need to get past it and move on. "Get over it. Move on."=Voice of the entitled. How would you propose we go about
54 Geotrash : Do you work for a TV news station. You took my quotes out of context like a true reporter. Allow me to return the favor. "I think my fervor to defend
55 Mirabilis : Geotrash: Secondly, racism angers all of us. But he has yet to prove that racism was involved here. Do you concede, Geotrash, that if the plaintiff in
56 ExitRow : Let me help you out here Geotrash: jin·go·ism   Pronunciation Key  (jngg-zm) n. Extreme nationalism characterized especially by a belligerent fo
57 Geotrash : "Being non-rev does not mean you waive your rights as an American citizen" Of course not, silly. I never said that it did. "I'll make it big for you:
58 ExitRow : I'll answer Geotrash with Geotrash: "Being non-rev does not mean you waive your rights as an American citizen" Of course not, silly. I never said that
59 Geotrash : Please the court, is there an end to this person's baseless attacks?
60 Geotrash : Judge: ExitRow's questioning is argumentative and going nowhere. Sustained. The jury is bored. End of thread.
61 ExitRow : "For the average American freedom of speech is simply the freedom to repeat what everyone else is saying and no more." - Gore Vidal
62 Mirabilis : Geotrash: I would actually prefer it if, rather than continuing your rhetorical musings, you address the questions I raised in my prior posting, which
63 Geotrash : Please tell me that you DO see the irony of your last post- the one from Vidal. HAHHAHAHAHAAHHAHAHAHHAHAHAAHAHA!!!
64 ExitRow : Geotrash, At this point I wouldn't trust you know the definition of irony. You still haven't answered Mirabilis. Or will you start trying to discredit
65 Geotrash : ExitRow & Mirabilis, Let's ask another question. This one is better. What if I refused to answer your questions? What if I said that I see where you a
66 Wolfpacker : Lets assume that CO loses this lawsuit. How much should they be forced to pay?
67 ExitRow : Geotrash, Sounds like you are pleading the 5th Amendment. Aren't you happy you have it? ------------- FYI to all, this is the statement from Reginald
68 Mirabilis : Quite frankly, Geotrash, my question was premised on the statements that you yourself made in public on this forum. That you have no further explanati
69 ExitRow : BAM! Mirabilis is my newest Respected User.
70 777gk : What I am about to say is very frank, which may offend certain people on this forum, yet it represents a point of view that I feel to be accurate. So,
71 Mirabilis : 777gk: I appreciate your comments and your insights about these issues. However, I think it is advisable, since you are an employee of the defendant,
72 Geotrash : The funny thing is that neither of you know anything about me or my past. Yet you judge me. Fair enough. For what it's worth, this thread has changed
73 Mirabilis : Geo: Thank you for your candor in recanting your initial post in its entirety. The funny thing is that neither of you know anything about me or my pas
74 Wingman : I once had a post deleted causing me massive emotional trauma and I happen to know it was deleted becuae of a new software on the Airliners.net server
75 Geotrash : Mirabilis, The great thing about discussion forum like this is that it gives us a chance to test our beliefs in the open, and in the context of the re
76 777gk : I feel that, due to the fact that my real identity is only known to a select group of trustworthy souls on this forum, that I can comment on the situa
77 Geotrash : 777gk, While I suppose there is risk, it's a shame that so much importance can be placed on opinions that you speak freely on. Free speech is also a r
78 ExitRow : Geotrash, I too am pleasantly surprised at your willingness to recall your earlier post. To clarify, I was indeed judging you. I was judging you based
79 Geotrash : ExitRow, Thanks for your closing words. I hope you keep in mind that a few short posts do not an individual make. I am glad to know that there are peo
Top Of Page
Forum Index

This topic is archived and can not be replied to any more.

Printer friendly format

Similar topics:More similar topics...
Pakistani-born Pilot Sues B6 For Discrimination posted Wed Aug 9 2006 14:48:47 by Leelaw
Ryanair Sues LH For Misleading Ad (Hidden Charges) posted Thu Nov 16 2006 00:30:46 by Vfw614
Captain's Family Sues Chalk's For 100M posted Sat Jan 21 2006 21:19:01 by Miamiair
JAL Sues ANA For 10 Bil. Yen Over Online Ticketing posted Tue Jul 27 2004 23:22:41 by USAJPNflyer
Regco Sues City For 1/2 Billion Over Bridge. posted Tue Jul 6 2004 15:44:12 by MartinairYYZ
Aopa Sues Chicago For Destruction Of Meigs posted Tue Apr 8 2003 03:56:23 by Jhooper
Lawyer Sues DL For Seating Him Next To Obese Man posted Thu Aug 1 2002 22:18:34 by Bobcat
Passneger Sues SQ For Glasses In Drink (2nd Part) posted Tue Jun 18 2002 11:13:40 by 9V-SPK
Passenger Sues SQ For Glasses In Pineapple Juice posted Fri May 31 2002 01:17:16 by 9V-SPK
Food For Thought: Discrimination posted Thu Nov 1 2001 02:31:50 by ILuvYak40