One of the least talked about laws protecting your next airline flight is the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), which prohibits retaliation against airline employees who blow the whistle on safety issues. Here are three important facets of the law that every airline employee should know. Talk with an AIR21 lawyer to learn more about your legal options.
AIR21 is a law that is enforced by the Department of Labor and which prohibits retaliation against airline employees who complain about airline safety and related issues. A notable aspect of the law is the employee-friendly legal standard that governs retaliation claims.
To establish an initial/prima facie case of retaliation under AIR21, an employee need only show (1) they engaged in protected activity; (2) the employer knew about that activity; (3) the employer subjected them to an adverse employment action; and (4) the protected activity contributed to the adverse action. 49 U.S.C. § 42121(b).
The “contributing factor” test italicized above creates a lower standard of proof for an employee to meet as compared with many other employment laws. For example, the Age Discrimination in Employment Act (ADEA), applies a “but for” causation standard that is more difficult for the employee to prove. A contributing factor, on the other hand, is a...
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