Campbell Conroy & O’Neil Obtains Dismissal of Passenger Complaint Filed with the MCAD
Kathleen Guilfoyle and Emily Amrhein recently obtained a dismissal on behalf of Delta Air Lines of a discrimination claim filed with the Massachusetts Commission Against Discrimination (MCAD). The complainant, a ticketed passenger on a Delta flight departing from Boston’s Logan International Airport, alleged that he was denied boarding on the flight because of his mental and physical disabilities. The MCAD granted Delta’s motion to dismiss the claim for lack of jurisdiction holding that the M.G.L. c. 151B claim for discrimination was preempted by the Air Carrier Access Act. The complainant appealed, and after a preliminary hearing, the dismissal was affirmed.