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Young’s e-mail address is gyoungnlj.com in a combined order and judgment on July 28, the 10th U.S. Circuit Court of Appeals held that an airline employee who was fired for writing a white supremacist pamphlet and for wearing a provocative T-shirt had pleaded a cause of action under the equal protection clause. Mahon v. American Airlines Inc., No. 01-5092. Daniel Mahon attended a diversity workshop sponsored by his employer, American Airlines, as a member of the Caucasian Employee Resource Group. He wore a T-shirt with a copy of the book cover for The Turner Diaries, a racist tract, on one side and the statement “What will you do if they come and take your guns? Warning: The FBI has labeled this the most dangerous book in America” on the back. Mahon also handed out a pamphlet he had created that allegedly contained white supremacist rhetoric. After American fired Mahon for violating work rules prohibiting threatening and intimidating behavior toward other employees, he filed several claims against the carrier but an Oklahoma federal court granted American’s motion to dismiss for failure to state a claim. Affirming in part and reversing in part, the 10th Circuit said that Mahon’s equal protection claim should not have been dismissed. Mahon had alleged American did not discipline or terminate other employees who wore Turner Diaries T-shirts or distributed the pamphlet. These facts suggest that he was treated differently from those similarly situated, the court said.

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