NEWARK, N.J. - A former Continental Airlines flight attendant who was fired for inappropriate behavior on a flight in 2002 has lost an attempt to sue the company for age discrimination.
In a ruling released yesterday, a state appeals court upheld a ruling dismissing the lawsuit filed by Melissa Mersmann and ordering her to pay $2,500 in attorneys' fees to Continental.
Mersmann was fired for her conduct during a Feb. 17, 2002, flight from Aruba to Newark.
The company alleged that Mersmann was late for the flight, made inappropriate announcements over the plane's intercom, smelled of alcohol, vomited twice during the flight and was unable to perform her duties.
Mersmann, a flight attendant for Continental since 1985, admitted she had consumed alcohol during her two-day layover in Aruba but not in the 11 hours preceding the flight, and suggested a prescription medication she was taking could have caused her problems.
Mersmann sued, claiming age discrimination, noting that her job record included promotions and commendations. The suit was dismissed in 2005. She sued again in 2006, claiming bias and retaliation after she applied for a flight attendant job at Continental and was rejected. That suit was dismissed in 2007. *