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Understanding Workplace Discrimination Claims: Key Takeaways from Wawarzenski v. United Airlines





A recent California appellate decision in Wawarzenski v. United Airlines provides important insights into how courts evaluate workplace discrimination and harassment claims under California's Fair Employment and Housing Act (FEHA). The case offers valuable lessons for both employers and employees about workplace rights and responsibilities.


Case Background


The case involved a flight attendant who sued United Airlines after being terminated for maintaining a social media account that featured photos of herself in uniform and linked to a subscription-based content platform. The employee alleged she had endured years of gender discrimination and harassment, claiming the company's investigation and her ultimate termination were discriminatory and retaliatory.


Key Legal Principles


The court's decision highlighted several crucial aspects of FEHA discrimination claims:


  1. Burden of Proof in Discrimination Cases


    • The employee must first establish a prima facie case of discrimination

    • The burden then shifts to the employer to provide a legitimate, non-discriminatory reason for their actions

    • The employee can then present evidence showing the employer's stated reasons were pretextual


  2. Elements of a Prima Facie Discrimination Case To succeed in a discrimination claim, an employee must demonstrate:


    • Membership in a protected class

    • Qualification for their position

    • An adverse employment action

    • Circumstances suggesting discriminatory motive


  3. Evidence in Discrimination Cases The court recognized that direct evidence of discrimination is rare, and employees can prove their cases through:


    • Direct evidence (statements or admissions)

    • Circumstantial evidence (comparative or statistical data)

    • Evidence of disparate treatment

    • Proof of failure to investigate complaints

    • Evidence of a discriminatory workplace atmosphere


Implications for Employers and Employees


This case serves as a reminder that employers must:


  • Consistently enforce workplace policies across all employee groups

  • Promptly investigate discrimination and harassment complaints

  • Maintain clear documentation of employment decisions

  • Ensure disciplinary actions are based on legitimate, non-discriminatory reasons


For employees, the case demonstrates:


  • The importance of documenting incidents of harassment or discrimination

  • The right to challenge potentially discriminatory workplace policies

  • The various ways discrimination can be proved in court

  • The protection against retaliation for raising discrimination complaints


Looking Forward


The Wawarzenski decision reinforces California's strong protections against workplace discrimination and harassment. It shows that courts will carefully examine whether employer actions mask discriminatory intent, even when legitimate workplace policies are involved.

If you believe you've experienced workplace discrimination or harassment, or if you're an employer seeking guidance on workplace policies, contact the Law Office of Jack Kakoian for experienced legal representation in employment matters. Our firm stays current with evolving employment law to provide the most effective advocacy for our clients.


This blog post is for informational purposes only and does not constitute legal advice. Every case is unique and requires individual analysis by qualified legal counsel.

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