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that's what the ninth circuit does in their dress code cases which starts at with united and continental airlines have different weight requirements for flight attendants or is it one had recorded flight attendants be unmarried. those were determined to put an an equal burden on the sexes. in jefferson women have to wear makeup and men are not allowed to wear makeup, and women can color the nails and men cannot. what about for test fails there, it was not an unequal burden. >> you say as i understand it, that a truthful response about why an employer fired a gay man would be because he was gay, not because he was a man. but isn't that arguably an incomplete answer? saying someone is gay is the shorthand for saying that a person is attracted to other men. so that that is the real reason if you pursue it more. in the price waterhouse case, for example, if price waterhouse had argued that they discriminated against hopkins, not because you refuse to wear makeup, but because she was a gender nonconforming person, without event of the fence? >> no. and the reason, it strongly depends on the facts of p

gordon joins us, former continental airlines chairman and cnbc contributor thanks for joining us. bout warrwarren buffett's remarks on the airlines >> one bitten, twice shy he was right, u.s. airlines looked good but it wasn't. that was 20 years ago. there were a couple morons in the business that wiped you out with pricing you had to match the price of independent air or hooters air, whoever they are, and that really destroyed earnings. >> i wasn't aware there was a hooters air. >> yes, can you believe it >> i can, but now i'm curious to hear more, maybe i'm thinking about frontier and spirit today and he did allude to these saying it's better there are four, the big four instead of seven in terms of the competition but he did say he knows there are these low cost airlines on their way up so, why don't they count as putting similar pressure on the industry >> first of all, i think they've learned that you can't buy market share the big boys are not going to let you come in and discount they'll just match your prices so, what their tactics have been to stay on the fringe and offer

the checks are the same as for the kind of airline used to work for american airlines flying the big planes into continental i.e. is is one can of air operations say for the other or should they all be the same. typically around the globe they should be the same but we've run into this problem in russia before where there's been pressure put on crews to get in get out and you know cut costs save time now that's not to say that that was the situation here but that certainly is going to be a factor that's looked into you just said that the management change well maybe as a smaller carrier you know they you know what was the financial complection of the company is was there pressure on the crews was the or cutting costs on training it was those are standard questions and those are paramount to be answered but there should be no difference in safety when a passenger gets on an aircraft they should expect the same level of safety from that era when if they were from aeroflot it's their duty to do that markdown olga's in a studio here just alongside kevin we understand the flight went off the right of a plane wen

airline expenses, trumped only by labor costs according to the aita, and passenger airlines like american and continentaldelta, that means more cost management if the market does not support higher fares. that said, different for didn denting. you can see from this chart, dnc solutions, it shows dramatic spike that we've seen in drive van spot rates record highs signals more demand than supply. they do not expect that dynamic to let up, especially because you're going to start to see the contract price move up to go with that spot market price as the year goes on that's your benefit truckers like snider, werner, but it's bad news for retailers and other shippe shippers this is the reason why a company like tyson predicted higher meat prices later this year you got higher labor costs, higher shipping costs reported, higher commodity prices being reported, and where possible, it might expect to see that push out to consumers as higher prices as well back to you. >> i have to say, i was on the road this past week, and just up and down i-95, that corridor there, i saw more truckers than i think i've ever see