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Home » American Airlines » Black Man Sues American Airlines For Racial Discrimination After Being Denied Free First Class Upgrade?
American AirlinesLaw In Travel

Black Man Sues American Airlines For Racial Discrimination After Being Denied Free First Class Upgrade?

Matthew Klint Posted onJune 22, 2020November 14, 2023 27 Comments

a man in a mask on a plane

A back man and five other passengers onboard are suing American Airlines for racial discrimination. American Airlines said the man was removed for repeatedly trying to self-upgrade to first class onboard.

Elgin Banks says a white flight attendant ejected him from the flight after he tried to switch seats. Five other passengers observed the incident and were also ejected when they defended Banks, stating that the flight attendant was vicious and rude.

According the lawsuit, Banks “politely requested if the flight was full and if he could change seats if open seats were available” on a May 31, 2020 flight from Los Angeles to Phoenix. He was told that he could switch seats once all passengers had boarded the flight.

After boarding was complete, several non-black passengers moved seats, but when Banks tried to move seats he was stopped and told to return to his assigned seat. The lawsuit claims a flight attendant became nasty:

Flight Attendant: “Sir, step back!” [in an “aggressive and rudely intimidating tone” according other lawsuit]

Banks: “Okay ma’am, all I was asking is if I could get a seat closer to the front.”

The lawsuit further states that the flight attendant admonished Banks for raising his voice. Soon, ground staff appeared and told Banks he would need to leave the aircraft.

That’s when other passengers onboard stepped in to defend Banks, disputing that Banks had raised his voice or was being disruptive.

All passengers were removed and according to KTLA, banned from American Airlines.

American Airlines: Banks Repeatedly Tried To Self-Upgrade To First Class

But American Airlines says the lawsuit “is not a full or accurate portrayal of the incident,” with a spokesperson telling NBC News:

“During the boarding process, he attempted to relocate to the first-class cabin prior to leaving the gate. One of the seats he attempted to sit in was assigned to another passenger. The disruption on board required deplaning passengers with the flight departing the next day.

“Discrimination of any kind is not acceptable and does not align with our values, which is why we launched an investigation. We are continuing to review this incident, but we believe that the allegations are not a full or accurate portrayal of the incident.”

But multiple passengers onboard disputed that Banks was trying to upgrade to first class, saying that it was a smokescreen to justify his ejection.

You can read the full complaint here.

CONCLUSION

With several passengers coming forward to defend Banks, American Airlines has a PR nightmare coming even if it turns out Banks was truly ejected for repeatedly trying to poach a first class seat. I hope American Airlines ensured it had witnesses to back up its version of events before attacking Banks publicly…

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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27 Comments

  1. Mitch Cumstein Reply
    June 22, 2020 at 7:40 am

    AA was certainly playing with fire.

  2. jfhscott Reply
    June 22, 2020 at 7:45 am

    I am shocked, shocked, that a flight attendant might lie about how a passenger was behaving.

    • Gene Reply
      June 22, 2020 at 10:32 am

      Don’t be. It has been done to me. Trust no one.

      • Matthew Klint Reply
        June 22, 2020 at 10:41 am

        I’m sure jfhscott was being sarcastic.

        • Mike Reply
          June 22, 2020 at 11:00 am

          Using a line from Casablanca no less. Yeah, clearly sarcastic!

  3. Stuart Reply
    June 22, 2020 at 8:28 am

    Great, let’s add this to the spicy stew of our messy society right now. The pot is gonna boil over soon.

  4. patrick Reply
    June 22, 2020 at 8:34 am

    @Stuart – I believe that pot is already spewing al lover the place.

  5. Gene Reply
    June 22, 2020 at 9:43 am

    @ Matthew — If I stood up for someone who was being mistreated by airline staff and was then banned, I would hire the best lawyer money could buy and sue the s***out of the airline.

    • Matthew Klint Reply
      June 22, 2020 at 1:00 pm

      Agreed.

  6. derek Reply
    June 22, 2020 at 10:03 am

    2:20-cv-05495 California Central District, Banks et al v American Airlines

    The link requires a subscription but Pacer probably has this. (Free if less than $30 usage per quarter)

  7. derek Reply
    June 22, 2020 at 10:05 am

    Americans have owned slaves and are racist. Whether or not Banks, the passenger, is wrong or right, AA’s name should be changed. Maybe change it to PSA or Reno Air

    • Argosy314 Reply
      June 22, 2020 at 10:26 am

      What an ignorant and totally out of line post…..you could have at least suggested TWA or AirCal.

  8. John C. Reply
    June 22, 2020 at 12:07 pm

    If the man wants a First Class seat he should pay for it like everyone else does!

    • Roger V Reply
      June 22, 2020 at 2:04 pm

      Agreed. Demanding special treatment is ridiculous.

      • WTA Reply
        June 23, 2020 at 4:26 pm

        If you READ the article, he was not attempting to sit in first class…

        • Matthew Klint Reply
          June 23, 2020 at 4:45 pm

          Well, passenger witnesses claim he was not. AA says he was. Seems odd that five passengers would lie, so I’m inclined to believe Mr. Banks.

  9. Janice L. Reply
    June 22, 2020 at 1:09 pm

    Confused.. did he try to switch to a new seat located in First from Main or a new seat within Main? Absolutely no problem within same ticketed cabin. Otherwise don’t look to change the rules and Cary foul. I have been told myself “no” when asked to move from main to an empty seat in First. It’s the current Covid climate, BLM and election year all in over boil. Chill people! Play nice in the sandbox.

    • Matthew Klint Reply
      June 23, 2020 at 4:44 pm

      AA says he tried to move from Main Cabin to First Class.

  10. Ken M Reply
    June 22, 2020 at 2:08 pm

    Like many cases before this (Weinstein, et. al.) this will be a he-said, she-said that will likely end up with the white male being presumed guilty until proven innocent. In this case it is a woman versus a minority so we’ll see who can virtue-signal sufficiently. The liberal notion of “interesectionality” will allow the person who has the most protected groups (think LGBTQ+) will get the most support. Welcome to the world created by liberals, where a simple order from a FA is seen as racist.

    • david Reply
      June 22, 2020 at 4:48 pm

      It’s more like a “6 people-said, she-said” situation and it seems like the weight of the evidence shows the FA unnecessarily escalating a situation she should’ve been adequately trained to handle. I’m no fan of unchecked liberal pandering but please take your persecution complex elsewhere. You’re sullying Ken M’s good name.

    • Aaron Reply
      June 23, 2020 at 2:03 am

      America’s changing demographics must terrify you.

      • Rose Reply
        June 23, 2020 at 1:28 pm

        Why would they? Chicago, Oakland and Baltimore are doing great. Beacons of civilization.

  11. david Reply
    June 22, 2020 at 4:13 pm

    I don’t think 5 passengers would step in to defend this guy had this been merely a self-upgrade situation. Seems like the flight attendant was being a condescending c***. The lifetime ban also seems unwarranted.

  12. Jackson Henderson Reply
    June 22, 2020 at 5:35 pm

    @Ken M

    Thank you for speaking the truth. The biggest racists on earth are blacks who demand special treatment while criticizing any other group that wants the same things. It’s ok to discriminate in favor of blacks in hiring but not whites. It’s ok to be proud to be black but not white. It’s ok to celebrate black culture, but it’s not ok to celebrate white culture. It’s ok to tear down historical monuments of whites but not ok to tear down historical monuments of blacks. It’s ok if blacks prefer black doctors or black neighborhoods but not ok if whites prefer white doctors or black neighborhoods. It’s the same with the LGBT having supremacy.

    In all likelihood, this man is a liar and uses the race card to extract special favors. When he didn’t get his way, he sues claiming discrimination. He didn’t pay for a first class ticket and rightfully was not upgraded to first class. Being upgraded is not a right. People like this are the scum of the earth.

    • Aaron Reply
      June 23, 2020 at 2:06 am

      Are you “Ken M” posting under a different name? I wouldn’t be surprised if so. How you must hate no longer living in the 1950s America,

    • WTA Reply
      June 23, 2020 at 4:27 pm

      Yes and FIVE other passengers said he did noting wrong… i.e. not trying to sit in a first class seat

  13. Fonzi Reply
    June 23, 2020 at 12:46 pm

    @Jackson Henderson

    Well said (View from behind the pond)

    @Aaron
    Unfortunately you blindd or do not want so see the current situation or you black.

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