In Bernstein v. Virgin America, Inc., on February, 23, 2021, the Ninth Circuit issued a decision that’s a mixed bag for employers. Bernstein v. Virgin Am., Inc., No. 19-15382, 2021 WL 867583 (9th Cir. Feb. 23, 2021).
First, on the positive side, the panel reversed the district court’s ruling that Virgin American, Inc.


