AIR21 Claims And Airline Pilot Representation

Our law firm represents airline pilots and other aviation professionals with regard to AIR21 claims, labor disputes and other employment law matters. Our firm’s focus on representation of professionals includes the aviation industry. Our legal services for airline pilots and other aviation professionals include:

  • AIR21 Claims
  • AIR21 Claims
  • FAA Enforcement Action Defense
  • NTSB Appeal Litigation
  • FOIA Requests
  • Labor Disputes
  • Employment Law Issues
  • Contract Negotiations

We have extensive experience in litigating and handling complex employment law matters at the administrative, trial and appellate levels.

AIR21 – Advancing the Safety of Air Travel

Section 519 of The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Public Law 106-181, April 5, 2000, 49 U.S.C. ' 42121 ("AIR21") is a vital part of national efforts to render air travel as safe as possible for all of us. The reporting of possible safety issues by airline employees is essential to improving airline safety. Therefore, AIR21 makes it illegal for an air carrier to terminate or otherwise discriminate against an employee because the employee:

provided, caused to be provided, or is about to provide (with knowledge of the employer) or cause to be provided to the employer...information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety...

Id. ' 42121(a)(1)(Emphasis added); see also 29 C.F.R. ' 1979.100(a). 10. AIR21 is violated if circumstances show protected activity (e.g., reporting an air safety issue) contributes to an air carrier’s decision to terminate a pilot (or any employee) or take other adverse employment action.

Proof that an employee's protected activity contributed to the adverse action does not necessarily rest on the decision-maker's knowledge alone. It may be established through a wide range of circumstantial evidence, including the acts or knowledge of a combination of individuals involved in the decision-making process. Proof that protected activity was a contributing factor in adverse employment action may be established by evidence demonstrating at least one individual among multiple decision-makers influenced the final decision and acted partly because of the protected activity.

If a pilot (or other airline employee) establishes a violation of AIR21, remedies include:

  • Reinstatement (or front pay)
  • Recovery of lost wages and benefits with interest
  • Compensatory damages
  • Attorney’s fees and expenses

Back pay is to restore the complainant to the same position he would have been in if not discriminated against. In addition to back pay, reinstatement is a preferred remedy for unlawful employment discrimination, but front pay is an alternative when reinstatement is impracticable or impossible. Front pay is intended to compensate the complainant for wages and benefits he would have received from the respondent employer in the future if not for the retaliation. The front pay is intended to address the equitable needs of the employee, such as the ability to obtain employment with comparable compensation.

Non-economic compensatory damages should be awarded to a prevailing AIR21 pilot. Compensatory damages are designed to compensate not only for direct economic harm, but also such harms as impairment of reputation, personal humiliation, and mental distress.

Contact Us Today For a Free, Confidential Evaluation

We will review AIR21 claims nationwide. Our firm’s offices are located in Augusta and Atlanta, Georgia. Our law firm has Martindale Hubbell's AV rating, its highest rating. To schedule a evaluation, email us at info@hamillittle.com or call (404) 685-1662.