United Airlines Discount Discriminates Based on Age, Alleges New Class Action Lawsuit

A recent class action lawsuit contends that United Airlines discount policies discriminate against older passengers in violation of California law.

In September 2019, United Airlines allegedly started to discriminate against their older customers by only providing a 10% discount to their customers between the ages of 18 to 22. Plaintiffs Fuiolevaga Riddick and David Pacheco were reportedly denied this discount simply because they “had the misfortune of being older than 22 years old.”

“Fortunate” United customers between the ages of 18 and 22 can reportedly receive the 10% discount by following and downloading the United Airlines app, signing up for a United MileagePlus account, and searching for flights through the app. This reportedly gives customers the option to select a “discounted travel (18-22)” filter and book these discounted flights on the app.

Both Riddick and Pacheco say they were unable to take advantage of this lucrative United Airlines discount due to their age.

“United’s Discount intentionally discriminated against Plaintiffs and other United customers based on their age, and the Discount constituted arbitrary, unreasonable, and/or invidious discrimination,” the United Airlines discount class action lawsuit.

Pacheco, a 67-year-old man, says he was forced to pay full price for his United Airlines ticket purchased in December 2019. Riddick is 23-years-old – only one year above United’s young flier discount range – and was also forced to pay full price for her tickets, according to the United Airlines discount class action lawsuit.

Both plaintiffs maintain that they followed all of the steps listed above, including downloading the app, signing up for a United MileagePlus account, and booking a flight through the app. However, due to their age, they say that they were not given the 10% United Airlines discount.

“It is especially troubling and more than a bit hypocritical that United’s divisive and exclusive Discount, which excluded consumers who were too old, violated United’s own Mission Statement that hypes United’s supposed commitment to diversity and inclusion,” the plaintiffs note in their United Airlines discount class action lawsuit.

The airline’s website touts this message with a statement from CEO Scott Kirby. According to Kirby’s statement, the company’s shared purpose “Connecting People, Uniting the World” includes investing in inclusivity for their business, employees, and customers.

In contrast with these “woke-worded and strategically-placed proclamations about inclusion and diversity,” the plaintiffs contend that Untied Airlines routinely discriminated against its older customers by denying them reasonable discounts.

“United’s trumpeted promise of inclusion and diversity, at least when it comes to its customers’ age, is empty, hollow rhetoric, mere virtue signaling,” the United Airlines discount class action lawsuit alleges.

Riddick and Pacheco claim that the denial of the 10% United Airlines discount to older customers is solely motivated by the efforts to maximize profits.

If the company fairly applied this discount to all customers regardless of age, their profits would reportedly be reduced. In an effort to maintain a higher profit margin, United Airlines allegedly discriminates against customers over the age of 22.

According to the plaintiffs, these actions violate California law prohibiting age discrimination including the state’s Unruh Civil Rights Act. This act affords all Californians the right to equal access to a businesses’ accommodations, advantages, facilities, privileges, services, and prices. According to the plaintiffs, this includes the United Airlines discount.

The plaintiffs seek to represent two Classes of consumers. First, they seek to represent a Class of Californians who used the United app between Sept. 10, 2019 and June 30, 2020 to purchase an economy ticket for air travel between Sept. 10, 2019 and Dec. 31, 2020 but were denied the 10% United Airlines discount. The second proposed Class includes similar customers subject to the same Class periods who intended to purchase the tickets but did not do so after encountering United’s terms and conditions which excluded them from the discount.

The proposed Class does not include employees, officers, and directors of United Airlines as well as any legal professionals involved in hearing or litigating the case.

On behalf of themselves and the proposed Class, the plaintiffs seek statutory damages, actual damages, court costs, and attorneys’ fees. They also seek injunctive relief preventing United Airlines from committing further discrimination.

Were you denied a United Airlines discount simply by virtue of your age? Share your experiences in the comment section below.

Plaintiffs and the proposed Class are represented by Alfred G. Rava of Rava Law Firm.

The United Airlines Discount Class Action Lawsuit is Fuiolevaga Riddick, et al. v. United Airlines Inc., et al., Case No. 3:20-cv-02148-H-KSC, in the U.S. District Court for the Southern District of California.

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