American Airlines Seeks To Dismiss Uniforms Class Action Lawsuit

American Airlines has once again motioned to dismiss a class action lawsuit alleging that its flight attendants’ uniforms can cause health problems.

The airline argues that the plaintiffs in the American Airlines uniforms class action lawsuit failed to show that the airline intentionally caused them harm.

American Airlines claims that workers’ compensation is the only remedy for the injuries being alleged in the class action lawsuit, because the plaintiffs’ claims are not severe enough to satisfy state laws which would circumvent workers’ compensation.

“Workers’ compensation provides an exclusive remedy to employees for injuries arising out of employment as a part of a bargain: the employee obtains swift and certain relief without having to prove fault in exchange for giving up a wider range of damages available in tort,” American Airlines argues in its motion for dismissal.

“Each of the Applicable States has a workers’ compensation statute that bars employees’ claims against employers for injuries that arise out of their employment such as those here.”

The American Airlines uniform class action lawsuit stems from a 2015 change made by the airline. In 2015, American Airlines entered into a contract with Twin Hill which would provide new uniforms for flight attendants, pilots, and passenger service agents.

The wear test of these new uniforms was started in January 2015. At the end of the wear test, the Allied Pilots Association allegedly raised concerns that the new uniforms were causing reactions.

After allegedly conducting analysis through a third party, American Airlines officially rolled out the new uniforms in September 2016. After the release of the new uniforms, employees began reporting adverse reactions to the new uniforms including rashes, headaches, hair loss and chemical pneumonia.

The reactions prompted the Association of Professional Flight Attendants (APFT) to commission their own testing of the uniforms. This testing allegedly showed that the uniforms contained several sensitizers.

In November 2016, American Airlines responded to the complaints of its employees by allowing them to wear previous uniforms or alternative uniforms. However, employees still reported having a reaction to their coworkers who were wearing the uniforms in their proximity.

American Airlines first motioned to dismiss the uniform class action lawsuit in November 2017 arguing that the plaintiffs failed to state a claim. The plaintiffs later refiled their second amended complaint in October 2018. Now, American Airlines is attempting to dismiss the class action lawsuit again.

One of American Airlines’ arguments is that they could not have deliberately caused harm to the plaintiffs through the voluntary actions of their coworkers. The airlines is no longer requiring anyone to wear the new uniforms, so employees choosing to wear them are liable for the “proximity reactions,” they claim.

Additionally, the airline notes that a study by the National Institute for Occupational Safety and Health which is cited in the second emended complaint concluded that “proximity exposure in unlikely to result in symptoms.” Instead of supporting their claims, the study allegedly compromises their standing.

“Because even the government agency who specializes in assessing work-related exposures cannot determine if working in proximity to the uniforms could harm American’s employees (but believes it is unlikely), it is absurd to suggest that an airline with no expertise in this area could somehow be ‘substantially certain’ that proximity exposure would harm plaintiffs,” American Airlines argues.

The proposed Class is represented by Todd L. McLawhorn, Stewart M. Weltman and Michael Chang of Siprut PC; and Warren T. Burns, Korey A. Nelson and Charles J. Gower of Burns Charest LLP.

The American Airlines Uniform Class Action Lawsuit is Zurbriggen, et al. v. Twin Hill Acquisition Inc., et al., Case No. 1:17-cv-05648, in the U.S. District Court for the Northern District of Illinois.