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Keywords

discriminationcivil rightstreatyappellantappellee
discriminationcivil rightstreatyappellantappellee

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MacNamara v. Korean Air Lines

Facts

Appellant Thomas MacNamara, an American citizen, began working for the appellee Korean Airlines in 1974. He was dismissed in 1982 at the age of fifty-seven and replaced by a younger Korean national. MacNamara alleged that his discharge violated Title VII and the ADEA, claiming discrimination based on race, national origin, and age. The appellee moved to dismiss the case, asserting that its actions were protected under the Treaty of Friendship, Commerce and Navigation.

Appellant Thomas MacNamara, an American citizen, began working for the appellee Korean Airlines in 1974. He was dismissed in 1982 at the age of fifty-seven and replaced by a younger Korean national. MacNamara alleged that his discharge violated Title VII and the ADEA, claiming discrimination based on race, national origin, and age. The appellee moved to dismiss the case, asserting that its actions were protected under the Treaty of Friendship, Commerce and Navigation.

Issue

Whether the provisions of the Treaty of Friendship, Commerce and Navigation exempt a foreign employer from claims of employment discrimination under Title VII and the ADEA.

Whether the provisions of the Treaty of Friendship, Commerce and Navigation exempt a foreign employer from claims of employment discrimination under Title VII and the ADEA.

Rule

The court held that Article VIII(1) of the Treaty does not protect against claims of disparate treatment but does preclude disparate impact claims.

The court held that Article VIII(1) of the Treaty does not protect against claims of disparate treatment but does preclude disparate impact claims.

Analysis

The court analyzed the relationship between the Treaty and federal civil rights laws, concluding that while the Treaty allows foreign companies to hire their own nationals, it does not permit intentional discrimination based on race, national origin, or age. The court found that the district court's interpretation of the Treaty was overly broad and conflicted with the intent of civil rights legislation.

The court analyzed the relationship between the Treaty and federal civil rights laws, concluding that while the Treaty allows foreign companies to hire their own nationals, it does not permit intentional discrimination based on race, national origin, or age. The court found that the district court's interpretation of the Treaty was overly broad and conflicted with the intent of civil rights legislation.

Conclusion

The court reversed the district court's dismissal of MacNamara's claim for disparate treatment and remanded the case for further proceedings, while affirming that claims of disparate impact were preempted by the Treaty.

The court reversed the district court's dismissal of MacNamara's claim for disparate treatment and remanded the case for further proceedings, while affirming that claims of disparate impact were preempted by the Treaty.

Who won?

The appellant, Thomas MacNamara, prevailed in part as the court reversed the dismissal of his disparate treatment claims.

The appellant, Thomas MacNamara, prevailed in part as the court reversed the dismissal of his disparate treatment claims.

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