$2.5M awarded in age/racial bias suit against Boeing over test pilot job

Found at:
http://www.kmci.com/kshb/nw_local_ne...337734,00.html

Jury awards $2.5M in age bias suit against Boeing
November 18, 2004

WICHITA, Kan. (AP) _ A 59-year-old engineer who accused Boeing Co. of
age discrimination has won a $2.5 million verdict in a federal lawsuit
claiming he was wrongly denied assignment as a test pilot three years
ago.
State Rep. Mario Goico, a veteran pilot who has worked at
Chicago-based Boeing's Wichita plant for more than 20 years, argued
that bias against his Cuban heritage also contributed to his being
passed over for the higher-paying job.
The verdict, returned Wednesday by a U.S. District Court jury,
includes $1.5 million in punitive damages intended to deter similar
behavior. The jury awarded Goico $370,000 in what he would have been
paid as a test pilot, $31,000 in back pay and $625,000 for pain and
suffering.
Senior U.S. District Judge Wesley Brown could lower the award under
laws that limit liability.
Goico, R-Wichita, said justice had prevailed.
``I'm glad I went over there and I showed the facts of the case and
the jurors saw the truth of what had occurred,'' said Goico, whose
attorneys had noted his long experience as a pilot with Boeing, Cessna
and the Kansas Air National Guard, which he joined in 1970.
Company spokesman Dick Ziegler said Boeing was ``very disappointed''
with the verdict. The company has not decided
whether it will appeal.
Goico applied for the higher-paying position after Boeing received
approval in 2001 to use its own test pilots in its
modification of KC-135 tankers. Previously, test pilots from Seattle
had done the work.
The chief pilot in Boeing's new program told Goico that the company
wanted to hire younger pilots, according to testimony about why he was
passed over for the assignment.
``Although he was reprimanded for that comment, he received an
excellent evaluation and a raise,'' said Jeff Spahn, one of Goico's
lawyers. ``We feel Boeing was saying one thing and doing another.''
Goico said he began receiving bad performance reviews after he
complained of discrimination.
``He has a high amount of respect for Boeing, but he thought they did
the wrong thing in this instance, and the jury agreed,'' Spahn said.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

Follow up info to original article

Found at:
http://www.morelaw.com/verdicts/case...%20%20&d=29185

Date: 11/18/2004

Case Style: Mario Goico v. Boeing Company

Case Number: 6:02-cv-01420-WEB

Judge: Wesley Brown

Court: United States District Court for the District of Kansas

Plaintiff's Attorney:

Deena Hyson Bailey and Jeff C. Spahn, Jr. of Martin, Pringle, Oliver,
Wallace & Bauer, LLP, Wichita, Kansas

Defendant's Attorney:

Forrest T. Rhodes, Jr. and Mikel L. Stout of Foulston Siefkin LLP,
Wichita, Kansas

Description:

Plaintiff Mario Goico sued the Boeing Company claiming that he was
denied a test pilot position with the company because of his Cuban
heritage. Goico had long 20-years of experience as a pilot with
Boeing, Cessna and the Kansas Air National Guard, which he joined in
1970. Plaintiff applied for the higher-paying position after Boeing
received approval in 2001 to use its own test pilots in its
modification of KC-135 tankers. He claimed that the chief pilot at
Boeing told him that the company wanted younger pilots. He further
claimed that he began receiving bad performance reviews after he
complained about being discriminated against.

Outcome: Plaintiff's verdict $1.5 million in punitive damages $370,000
in lost earnings, $31,000 in back pay and $625,000 for pain and
suffering.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None

Pain and suffering?

tango wrote:
The verdict, returned Wednesday by a U.S. District Court jury,
includes $1.5 million in punitive damages intended to deter similar
behavior. The jury awarded Goico $370,000 in what he would have been
paid as a test pilot, $31,000 in back pay and $625,000 for pain and
suffering.