Colgan Air, Inc. v. West Virginia Human Rights Commission

(Filed November 21, 2007)

I agree with the majority that Mr. Khan should not be reinstated to a pilot position based upon his performance on the flight proficiency testing, governed by federal FAA standards. However, I respectfully dissent from the majority’s holding that Mr. Khan is not entitled to any remedy for the harassment he endured.

The majority premises its holding upon its judgment that knowledge of the harassment was not attributable to management. The procedure established by Colgan Air for the reporting of harassment, reviewed by Mr. Khan when he received training, instructed that…