SAN DIEGO - A federal judge is considering a motion for a change of venue in a class-action suit filed in San Diego on behalf of pilots who claim Continental Airlines discriminates against fliers with military commitments.
The suit was filed July 2 by the San Diego-based law firm Pilot Law P.C. on behalf of plaintiffs Derek Carder, Mark Bolleter, Drew Daugherty and Andrew Kissinger, who are all Texas residents.
According to the complaint, all but Kissinger are pilots for the Houston-based airline. Kissinger claims he was denied a position with Continental because he is a U.S. Air Force Reserve officer.
The complaint alleges that pilots do not accrue seniority while on military leave, so when they bid on routes flown by the carrier, they aren't able to get the more attractive trips they would otherwise win based on their length of service with Continental.
The plaintiffs also allege the airline does not pay benefits accrued while serving with the military in violation of federal employment law, which states that workers in the reserves are not to be denied accrual of seniority or benefits while on leave.
The plaintiffs additionally allege that airline management harasses pilots connected to the armed forces, with comments such as "Continental is your big boss; the (National) Guard is your little boss"; "Those (National) Guard guys are scamming"; and "You need to choose between (the airline) and the Navy."
Attorney Alexandra Taylor of Pilot Law said Continental filed a motion before U.S. District Judge Dana Sabraw to move the case to Houston.
A hearing scheduled last week on the issue was canceled when the judge said he would make a ruling based on papers filed with the court, according to Taylor.
She said it's unknown when Sabraw will issue his ruling.
