Mitby Pacholder Johnson Secures Favorable Fifth Circuit Ruling for Client in Age Discrimination Case

Mitby Pacholder Johnson PLLC is pleased to announce that firm cofounders Steve Mitby and Debbie Pacholder secured a significant victory for their client, Anna Palova, in the U.S. Court of Appeals for the Fifth Circuit, reinforcing the principle that age discrimination claims are not preempted by federal labor law.

Ms. Palova alleged that United Airlines unlawfully terminated her employment because of her age, in violation of the federal Age Discrimination in Employment Act (ADEA) and the Texas Commission on Human Rights Act (TCHRA). United asserted that Ms. Palova violated her collective bargaining agreement (CBA) by manipulating flight assignments for personal and collegial benefit and argued that her claims were barred by the Railway Labor Act (RLA), which limits federal court jurisdiction over certain labor disputes.

The district court agreed with United’s position and granted summary judgment in its favor, concluding that the RLA applied to Ms. Palova’s claims.

On appeal, the Fifth Circuit reversed. In a published opinion, the court held that the RLA does not preclude or preempt Ms. Palova’s age discrimination claims because they are independent of the CBA and do not require interpretation of its terms. The court vacated the district court’s summary judgment order and remanded the case for further proceedings consistent with its ruling. “This is a published opinion that doubles down on the principle that discrimination claims are not preempted,” said Steve. “Unlike prior rulings, this decision will meaningfully encourage litigants to pursue discrimination claims in court and presents real challenges to overreliance on arbitration systems.”