Ameristar Airways, Inc. v. Administrative Review Board, Dept. of Labor

After the court affirmed the ALJ's determination that Ameristar was liable for discharging Thomas Clemmons in violation of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), 49 U.S.C. 42121, the court remanded for the determination of whether an e-mail found by Ameristar after Clemmons was fired was of such severity that he would have been terminated on those grounds alone. The ALJ determined that Ameristar failed to meet the high burden of proof required in AIR21 cases and the ARB affirmed. The court held that the heightened burden applies equally in all instances in which an employer is seeking to avoid providing relief, regardless of whether the employer is relying on pre-termination evidence or after-acquired evidence. In this case, the ALJ determined that Ameristar failed to provide clear and convincing proof that it would have terminated Clemmons solely on the basis of the e-mail. The ALJ had completely discredited the testimony of Ameristar's managers, and Ameristar offered no evidence other than the e-mail. Consequently, there is substantial evidence to support the ALJ's determination that Ameristar failed to prove its after-acquired-evidence defense by clear and convincing evidence. Accordingly, the court denied Ameristar's petition for review. View "Ameristar Airways, Inc. v. Administrative Review Board, Dept. of Labor" on Justia Law