Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc.

PETITIONER: Colorado Anti-Discrimination Commission
RESPONDENT: Continental Air Lines, Inc.
LOCATION: Abington High School

DOCKET NO.: 146
DECIDED BY: Warren Court (1962-1965)
LOWER COURT:

CITATION: 372 US 714 (1963)
ARGUED: Mar 28, 1963
DECIDED: Apr 22, 1963

Facts of the case

Question

Media for Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc.

Audio Transcription for Oral Argument - March 28, 1963 (Part 2) in Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc.

Audio Transcription for Oral Argument - March 28, 1963 (Part 1) in Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc.

The Colorado Anti-Discrimination Commission et al., petitioners, versus Continental Air Lines, Incorporated and Number 492, Marlon D. Green, petitioner versus Continental Air Lines, Incorporated.

Mr. Taylor.

T. Raber Taylor:

Mr. Chief Justice and may it please the Court.

Floyd B. Engeman, the Assistant Attorney General for the State of Colorado will share the argument with me.

I am going to open and I hope that I would be able to reserve time for rebuttal.

May I first review with the Court, the facts relating to Marlon D. Green and Continental Air Lines?

Marlon D. Green was a United States Air Force officer serving in the orient.

He had worked in air-sea rescue and he had over 3,000 flight hours in the Armed Forces.

Like many, a United States airline pilot, before his discharge, he had the ambition to become an airline pilot.

Accordingly, before his discharge, he sent applications to large and to small airlines in the United States.

In April of 1957, from the sales office of Continental Air Lines in San Francisco, he obtained an application form which was filed with the headquarters office of Continental Air Lines on April 30th, 1957.

The application of Mr. Green appears in the record at page 211.

Mr. Green's application, as originally filed, required a statement of descent and race as well as a photograph.

Neither his descent nor his race nor the photographs were supplied.

Later, the race was supplied at the direction of the checking out Officer, Captain Kramm when he was finally called to Denver.

In June of 19 --

Arthur J. Goldberg:

[Inaudible]

T. Raber Taylor:

That is right, Your Honor.

Arthur J. Goldberg:

[Inaudible]

T. Raber Taylor:

That is correct, Your Honor.

In fact, it was -- Continental Air Lines had no knowledge that Mr. Green was a Negro until after he had been ordered into Denver.

In June of 1957, Continental Air Lines was seeking to hire 14 or 15 pilots and they ordered into Denver, Marlon D. Green.

He was met and given a link trainer test and found qualified.

The applicants who were also found qualified were five in number, the other applicants.

On page 7 of the white brief of Marlon D. Green, we have given a summary of the qualifications of the six applicants who were found qualified.

The application blank for Continental Air Lines specifically required that anyone to be considered would have to have minimum flight time of 2,000 hours and be not over 30 years of age.

Mr. Green had more than 3,000 flight hours and was 27 years of age.

At that time, he was fully licensed as an airline pilot by the Civil Aeronautics Authority and Continental does not dispute that he was so licensed, nor does Continental dispute that he was qualified.

In connection with the interview at Denver, the personnel office of Continental Air Lines was the place where other -- where employees would normally be sent, Mr. Green was not sent to that office, but he was interviewed at the air base at Stapleton Field.

He was under the impression --