Belgard v. United Airlines

In Belgard v United Airlines, 857 P.2d 467 (Colo App, 1992), airline employees who had been denied jobs as pilots as a result of having undergone corrective eye surgery sued the airline, claiming that the airline violated a Colorado statute that prohibited discrimination based on a perceived physical handicap. Relying on the ADA's dual purposes of "'maintenance of safety as the highest priority'" and "'maximum reliance on competitive market forces,'" the court in Belgard determined that state regulation of hiring decisions made on the basis of a job applicant's "physical characteristics" was preempted as having a "connection with" the airline's services. Belgard, 857 P.2d at 470-471.