Welcome!

Microservices Expo Authors: Pat Romanski, Stackify Blog, Elizabeth White, Steve Wilson, Mehdi Daoudi

News Feed Item

One Year After Smith Patten Files Race Discrimination Complaint on Behalf of African-American Employees, United Airlines Initiates Senior-Level Management Changes

SAN FRANCISCO, CA -- (Marketwired) -- 04/10/13 -- Nearly one year after employees of United Continental Holdings, Inc. (NYSE: UAL) filed a lawsuit alleging race discrimination, retaliation, and harassment, the company has announced that Senior Vice President of Flight Operations Fred Abbott, who is responsible for developing and implementing pilot contracts, policies, and procedures, will step down. Mr. Abbott set forth a clear statement of retaliatory animus when, according to Johnson v. United Continental filings, he said that none of the group of UAL Captains and Operations Supervisors who filed complaints with the Equal Employment Opportunity Commission (EEOC) in 2010 would ever get promoted because they had decided to go the litigation route.

Despite changes made to UAL's senior-level management structure in the wake of the 2010 EEOC complaints -- namely the company's hiring of African-American General Counsel Brett Hart and promotion of African-American James Simons to Chief Pilot of the Northeast Region -- widespread race discrimination persists at the world's largest airline and well qualified African-Americans are still being systematically shut out of management, according to the Plaintiffs. Furthermore, since filing Johnson v. United Continental in May 2012, Plaintiffs have become victims of illegal retaliation and endured harassment for speaking out against UAL's long history of unlawful discriminatory behavior.

Filed in the U.S. District Court for the Northern District of California, the Johnson v. United Continental complaint claims that UAL violated federal and state laws by maintaining policies that have a disparate impact on African-Americans' opportunities for promotions. Plaintiffs also allege that the company systematically engages in an ongoing practice of intentional discrimination in assignments and promotions against its African-American Captains and Operation Supervisors.

"We have historically not been provided the same opportunities to advance into management as Caucasian employees, and we simply want a level playing field," said Los Angeles-based Captain Mario Ecung. "There needs to be a thoroughly transparent, fair, and competitive process in place so that qualified employees can apply, and will be considered, for management positions."

Despite their nearly 600 years of combined experience with UAL, not one of the 23 Plaintiffs has ever held a permanent mid- or senior-level management position at the company. While non-minorities are being groomed for management through temporary Special Assignment positions -- which are more lucrative and provide employees with more opportunities for advancement and greater job security -- African-Americans are excluded.

Plaintiffs brought this case in Northern California due to the large number of Special Assignments -- and consequent promotions -- at UAL's largest maintenance facility and Asian hubs on the West Coast. Furthermore, the online job posting and application web service Taleo, which UAL has used for many years to track management applications, is based in the San Francisco Bay Area. Acquired by Oracle Corp. earlier this year, Taleo's servers hold data reflecting who applied for which positions, who made the selections, and ultimately who received the promotions.

"The employment records concerning promotions at United are on Taleo's servers," said Dow W. Patten, of Smith Patten, attorneys for the Johnson v. United Continental plaintiffs. "The servers are here, the data is here, and Oracle can try to hide it all they want, but the employment records that are at issue in this case are located in Dublin, California, near San Francisco."

UAL has a long history of race discrimination issues dating back to the 1970s. In the 1995 release from the EEOC Consent Decree against United Airlines, Judge Hubert Will commented, "We caution that our conclusion is not a determination that employment discrimination may no longer be a problem at United..." but that "any current disputes are properly addressed through fresh complaints to United and the EEOC..."

"This is the fresh complaint," stated Captain Richard John about Johnson v. United Continental. "This is the complaint of those who have met face-first the glass ceiling repercussions of the consent decree, who have made complaints and worked for change, only to be met with more of the same."

In 2010, current United CEO Jeff Smisek stated, "There is a part of Continental's history that I am not proud of... I had never heard of Continental Airlines, but Marlon Green [an African American pilot] had, and he wanted to work for us... Did we turn him down because the other candidates were more highly qualified than him? No. We turned him down for one reason and one reason only, because of the color of his skin." At the 2010 national convention, the National Association for the Advancement of Colored People (NAACP) passed a resolution entitled "In Support of More Diversity and Advancement at United Airlines and Other Air Carriers", calling upon United to proactively address the lack of opportunity in senior management positions.

"These brave Supervisors and Captains are continuing the struggle for equal opportunity in the airline industry started by the Tuskegee Airmen and Marlon Green, among others," said Spencer F. Smith, of Smith Patten. "This lawsuit serves to ensure that there will be no more Band-Aids for this long-festering discrimination at United. Only transparency and a structural commitment to change will ensure that the glass ceiling into senior management at United is finally shattered."

CONTACT
Sophie Cikovsky
Infinite PR
415.732.7800
Email Contact

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

@MicroservicesExpo Stories
In his session at 20th Cloud Expo, Mike Johnston, an infrastructure engineer at Supergiant.io, discussed how to use Kubernetes to set up a SaaS infrastructure for your business. Mike Johnston is an infrastructure engineer at Supergiant.io with over 12 years of experience designing, deploying, and maintaining server and workstation infrastructure at all scales. He has experience with brick and mortar data centers as well as cloud providers like Digital Ocean, Amazon Web Services, and Rackspace. H...
Docker is sweeping across startups and enterprises alike, changing the way we build and ship applications. It's the most prominent and widely known software container platform, and it's particularly useful for eliminating common challenges when collaborating on code (like the "it works on my machine" phenomenon that most devs know all too well). With Docker, you can run and manage apps side-by-side - in isolated containers - resulting in better compute density. It's something that many developer...
When you focus on a journey from up-close, you look at your own technical and cultural history and how you changed it for the benefit of the customer. This was our starting point: too many integration issues, 13 SWP days and very long cycles. It was evident that in this fast-paced industry we could no longer afford this reality. We needed something that would take us beyond reducing the development lifecycles, CI and Agile methodologies. We made a fundamental difference, even changed our culture...
As many know, the first generation of Cloud Management Platform (CMP) solutions were designed for managing virtual infrastructure (IaaS) and traditional applications. But that’s no longer enough to satisfy evolving and complex business requirements. In his session at 21st Cloud Expo, Scott Davis, Embotics CTO, will explore how next-generation CMPs ensure organizations can manage cloud-native and microservice-based application architectures, while also facilitating agile DevOps methodology. He wi...
These days, change is the only constant. In order to adapt and thrive in an ever-advancing and sometimes chaotic workforce, companies must leverage intelligent tools to streamline operations. While we're only at the dawn of machine intelligence, using a workflow manager will benefit your company in both the short and long term. Think: reduced errors, improved efficiency and more empowered employees-and that's just the start. Here are five other reasons workflow automation is leading a revolution...
Cloud adoption is often driven by a desire to increase efficiency, boost agility and save money. All too often, however, the reality involves unpredictable cost spikes and lack of oversight due to resource limitations. In his session at 20th Cloud Expo, Joe Kinsella, CTO and Founder of CloudHealth Technologies, tackled the question: “How do you build a fully optimized cloud?” He will examine: Why TCO is critical to achieving cloud success – and why attendees should be thinking holistically ab...
In our first installment of this blog series, we went over the different types of applications migrated to the cloud and the benefits IT organizations hope to achieve by moving applications to the cloud. Unfortunately, IT can’t just press a button or even whip up a few lines of code to move applications to the cloud. Like any strategic move by IT, a cloud migration requires advanced planning.
Docker is on a roll. In the last few years, this container management service has become immensely popular in development, especially given the great fit with agile-based projects and continuous delivery. In this article, I want to take a brief look at how you can use Docker to accelerate and streamline the software development lifecycle (SDLC) process.
We have Continuous Integration and we have Continuous Deployment, but what’s continuous across all of what we do is people. Even when tasks are automated, someone wrote the automation. So, Jayne Groll evangelizes about Continuous Everyone. Jayne is the CEO of the DevOps Institute and the author of Agile Service Management Guide. She talked about Continuous Everyone at the 2016 All Day DevOps conference. She describes it as "about people, culture, and collaboration mapped into your value streams....
“Why didn’t testing catch this” must become “How did this make it to testing?” Traditional quality teams are the crutch and excuse keeping organizations from making the necessary investment in people, process, and technology to accelerate test automation. Just like societies that did not build waterways because the labor to keep carrying the water was so cheap, we have created disincentives to automate. In her session at @DevOpsSummit at 20th Cloud Expo, Anne Hungate, President of Daring System...
Did you know that you can develop for mainframes in Java? Or that the testing and deployment can be automated across mobile to mainframe? In his session and demo at @DevOpsSummit at 21st Cloud Expo, Dana Boudreau, a Senior Director at CA Technologies, will discuss how increasingly teams are developing with agile methodologies, using modern development environments, and automating testing and deployments, mobile to mainframe.
As DevOps methodologies expand their reach across the enterprise, organizations face the daunting challenge of adapting related cloud strategies to ensure optimal alignment, from managing complexity to ensuring proper governance. How can culture, automation, legacy apps and even budget be reexamined to enable this ongoing shift within the modern software factory?
@DevOpsSummit at Cloud Expo taking place Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center, Santa Clara, CA, is co-located with the 21st International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is ...
While some vendors scramble to create and sell you a fancy solution for monitoring your spanking new Amazon Lambdas, hear how you can do it on the cheap using just built-in Java APIs yourself. By exploiting a little-known fact that Lambdas aren’t exactly single-threaded, you can effectively identify hot spots in your serverless code. In his session at @DevOpsSummit at 21st Cloud Expo, Dave Martin, Product owner at CA Technologies, will give a live demonstration and code walkthrough, showing how ...
If you are part of the cloud development community, you certainly know about “serverless computing”, almost a misnomer. Because it implies there are no servers which is untrue. However the servers are hidden from the developers. This model eliminates operational complexity and increases developer productivity. We came from monolithic computing to client-server to services to microservices to serverless model. In other words, our systems have slowly “dissolved” from monolithic to function-by-func...
In his session at 20th Cloud Expo, Scott Davis, CTO of Embotics, discussed how automation can provide the dynamic management required to cost-effectively deliver microservices and container solutions at scale. He also discussed how flexible automation is the key to effectively bridging and seamlessly coordinating both IT and developer needs for component orchestration across disparate clouds – an increasingly important requirement at today’s multi-cloud enterprise.
Many organizations are now looking to DevOps maturity models to gauge their DevOps adoption and compare their maturity to their peers. However, as enterprise organizations rush to adopt DevOps, moving past experimentation to embrace it at scale, they are in danger of falling into the trap that they have fallen into time and time again. Unfortunately, we've seen this movie before, and we know how it ends: badly.
We define Hybrid IT as a management approach in which organizations create a workload-centric and value-driven integrated technology stack that may include legacy infrastructure, web-scale architectures, private cloud implementations along with public cloud platforms ranging from Infrastructure-as-a-Service to Software-as-a-Service.
IT organizations are moving to the cloud in hopes to approve efficiency, increase agility and save money. Migrating workloads might seem like a simple task, but what many businesses don’t realize is that application migration criteria differs across organizations, making it difficult for architects to arrive at an accurate TCO number. In his session at 21st Cloud Expo, Joe Kinsella, CTO of CloudHealth Technologies, will offer a systematic approach to understanding the TCO of a cloud application...
With Cloud Foundry you can easily deploy and use apps utilizing websocket technology, but not everybody realizes that scaling them out is not that trivial. In his session at 21st Cloud Expo, Roman Swoszowski, CTO and VP, Cloud Foundry Services, at Grape Up, will show you an example of how to deal with this issue. He will demonstrate a cloud-native Spring Boot app running in Cloud Foundry and communicating with clients over websocket protocol that can be easily scaled horizontally and coordinate...