Turbulence a Mile High: Equal Employment Opportunity in the Colorado Sky

• Publication year: 2003
• Pages: 71
• Citation: Vol. 32 No. 9 Pg. 71

32 Colo.Law. 71 Colorado Lawyer 2003.

2003, September, Pg. 71. Turbulence a Mile High: Equal Employment Opportunity in the Colorado Sky

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71

Vol. 32, No. 9, Pg. 71

The Colorado Lawyer
September 2003
Vol. 32, No. 9 [Page 71]

Departments
Historical Perspectives
Turbulence a Mile High: Equal Employment Opportunity in the Colorado Sky
by Tom I. Romero, II

This historical perspective was written by Tom I. Romero II Western Legal Studies Fellow, University of Colorado at Boulder: ttromero@colorado.edu

In 1957, Captain Marlon Green, a distinguished pilot in the U.S. Air Force's Air-Sea Rescue Service, decided he wanted to fly large passenger airplanes. Green subsequently traveled to San Francisco, Chicago, New York, Washington D.C., and Denver in quest of work as a pilot for the nation's major air carriers. In every instance, Green's superior credentials and experience seemingly held little significance. Despite exemplary service to his country, Green discovered that several air carriers, including Denver-based Continental Air Lines ("Continental"), had rejected his application.

What made Green's experience peculiar, but not all that out of the ordinary, was the fact that he was African American. During the 1950s, no major airlines in the United States employed black aviators. Some airlines argued this was due to the lack of experienced and qualified African American pilots. Others believed that co-workers or paid customers would not accept a black aviator. To challenge such beliefs, Colorado legislators passed increasingly strong fair employment legislation during the 1950s. By 1957, Colorado had one of the most far-reaching civil rights laws in the nation. [CRS 53, §§ 80-24-1 et seq.]

Green's experience with Continental seemed an especially clear expression of discrimination. After the company invited Green to Denver for an interview and flight test, the flight instructor remarked that Green was the "first Negro pilot who ever applied to his company" and subsequently, he asked Green to complete his application by stating his race on the application form. [Colorado Anti-Discrimination Comm'n v. Continental Air Lines, Inc., 355 P.2d 83 (Colo. 1960) at 55-60.] After the interview, Continental chose not to select Green for its pilot training program, despite the fact that he had substantially more flight time on a multi-engine aircraft than any of the four...