Air India Calls Transgender’s Discrimination Plea 'Frivolous', Ploy to Get a Job by Arm Twisting

New Delhi: Air India may sue a transgender person, who has moved the Supreme Court alleging she was denied a cabin crew job due to discrimination.

The national carrier, in its affidavit, has told the Court that the plea deserves to be dismissed with exemplary cost.

"As a result of the frivolous petition, the answering respondent has suffered immense loss to its goodwill and reputation, for which it reserves the right to sue the petitioner for damages," stated the affidavit.

Air India added that the negative impact of the "frivolous" petition was accentuated because of its timing.

"The impact of such false and misconceived allegation is critical because it has come at a time especially when the answering respondent is working out its strategic disinvestment policy," said the reply from Air India.

The carrier claimed that the transgender person is seeking to arm twist Air India to gain a forceful employment after she failed to qualify the initial phase of the employment process.

Maintaining that her application was duly received without questioning her gender, the affidavit said that she could not qualify the group dynamics and personality test in August last year.

The affidavit emphasised that the test was not even conducted by the Air India but by a third party which was outsourced the job to shortlist candidates. It further said that the petitioner had failed to qualify in 2016 too.

Air India said that it condemns all kinds of discrimination but this was not a case where any discrimination had taken place.

It cited an all-woman crew flight of Air India that created a world record of having the longest flight over Pacific and Atlantic oceans with only women on board.

On Monday, the petition was taken up by a bench headed by Chief Justice of India Dipak Misra. It gave time to the petitioner to respond to the affidavit.

Appearing for the petitioner, senior advocate Anand Grover and advocate Sunil Fernandes argued that the discrimination was apparent in failing her in personality test.

"How can the petitioner be judged on the same yardstick? A 2013 judgment by the Court has therefore asked for reservation for transgender," said the lawyers as the Court fixed the matter after a week for detailed hearing.