(Source)
A Chinese-American passenger is suing United Airlines, claiming he was discriminated against by a flight attendant.
Passenger’s legal rights: Yubo Miao, a 64-year-old U.S. citizen of Chinese descent, is demanding $100,000 in damages from the airline, citing racial discrimination and retaliation after he was banned and temporarily suspended from a flight over a lunchbox dispute, PYOK reported.
Behind the lawsuit: Miao claimed in a civil lawsuit he filed last week that he was verbally assaulted and falsely accused of physical contact by a flight attendant while aboard flight UA2683 from Chicago to San Diego on June 1, 2023.
Details of the incident: Miao, a frequent United Airlines flyer, boarded the plane with two suitcases and a lunch box and placed all three items in the overhead bin. He said the flight attendant yelled at him and ordered him to take the lunch bag from the overhead bin and place it under his seat.
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Miao initially placed the lunch box on an empty seat next to him and told the flight attendant he would place it on the floor once the passenger for the vacant seat arrived. However, the flight attendant allegedly threatened to inform the captain of the plane if he did not place the lunch box on the floor. In his separate complaint with United, Miao stated that while he immediately complied, a United Airlines supervisor later ordered him off the plane because the flight attendant claimed he had hit her.
Miao, represented by his lawyer, demanded that his alleged flight ban be lifted and all related documents destroyed. All parties involved should apologize and the airline should pay a total of $100,000 in damages and legal fees.
Alleged retaliation: United’s Passenger Incident Review Committee investigation concluded that Miao made physical contact but overturned the flight ban against him. While Miao was allowed to fly with United again, he said he faced constant retaliation as a result of the incident, with agents stopping him and asking if he was willing to comply with federal regulations.
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When the airline failed to meet his demands, Miao filed his lawsuit in a U.S. District Court in Illinois, demanding $100,000 in damages for emotional distress, an apology from United and the flight attendant, and a guarantee of fair treatment. He said he felt singled out because the flight attendant allowed a white passenger with similar luggage to leave his baggage in the cabin.
“It is clear that United intended to discriminate against Miao based on his race and nationality, as other non-Asian passengers were not treated similarly or were removed from the flight despite having similar baggage that the United flight attendant took issue with. The conduct was so egregious that compensatory damages are insufficient to compensate for the harm caused. To punish United for its misconduct, punitive damages should be awarded.”
United cabin requirements: Like most airlines, United Airlines allows passengers to bring one carry-on bag and one personal item on board. The carry-on bag must meet certain size and weight restrictions, while the personal item must fit under the seat in front of the passenger. In his lawsuit, Miao does not argue that he should have been allowed to put more luggage in the overhead bin than is technically allowed, but points out that flight attendants singled him out, while white passengers were not held accountable.
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