The U.S. Supreme Court case Colorado Anti-Discrimination Commission et al. v. Continental Air Lines, Inc., 1962 revolved around a discrimination claim by an African American woman who was denied employment as a flight attendant with Continental Airlines due to her race. The Colorado Anti-Discrimination Commission ruled in favor of the plaintiff and ordered the airline to cease its discriminatory practices, provide back pay and offer her a job position. However, this decision was overturned by the Colorado Supreme Court on grounds that it exceeded its jurisdiction because airlines were regulated federally not state-wise. Continental Airlines appealed to the U.S Supreme court arguing that under federal law (Federal Aviation Act), they had no authority over hiring policies of air carriers which are subject only to regulation by Civil Aeronautics Board (CAB). The US supreme court upheld this argument stating that states could not regulate areas preempted by federal law or agencies such as CAB in matters relating to commerce among states including racial discrimination issues within airlines' employment practices.

In the dissenting opinion for Colorado Anti-Discrimination Commission et al. v. Continental Air Lines, Inc., Justice Douglas argued that the majority's decision was a misinterpretation of the Civil Rights Act and an overreach of federal power into state affairs. He contended that Congress did not intend to give airlines blanket immunity from state anti-discrimination laws when it passed the Federal Aviation Act, but rather sought to prevent states from regulating airline rates, routes or services in ways that would interfere with interstate commerce. The majority's ruling effectively allowed airlines to discriminate against employees based on age without any legal repercussions at a state level - something he believed contradicted both Congressional intent and fundamental principles of justice and fairness.