In an action claiming that defendant discriminated against plaintiff airline pilot on account of her sex when it suspended her from flying certain routes, summary judgment for defendant is reversed where: 1) crew resource management skills were a subjective qualification that could not be considered in evaluating a plaintiff's qualifications at the first step of the McDonnell Douglas test; and 2) similarly situated male pilots were treated more favorably than plaintiff was.
Argued and Submitted February 11, 2009
Filed September 8, 2009
Opinion by Judge Reinhardt
Phillip Torres, Hagåtña, Guam
David Ledger, Hagåtña, Guam