Delta Airlines flight attendants denied cert in defective uniform class action

Delta Airlines Flight Attendants Uniform Class Action Overview:

• Who: Delta Airlines flight attendants failed to convince a federal judge to certify a proposed Class of workers allegedly issued defective uniforms.
• Why: The judge cited too many differences in uniform items and how they were treated by Delta flight attendants and other workers in his order. 
• Where: The Delta flight attendants uniform class action sought to represent workers nationwide. 

Delta Airlines flight attendants who alleged that their uniforms made by Lands’ End ruined their other clothing due to dye rubbing off and staining have had their class action lawsuit certification denied.

U.S. District Judge James D. Peterson said that the workers failed to meet the bar for common issues, as there were differences in uniform items worn and how they were treated by the workers.

He said the workers failed to prove that the dye rubbing — called crocking — was beyond uniform industry standards and that the uniform violated the terms of agreement Delta had made with Lands’ End to make the items, Law360 reports.

Delta Flight Attendants Defective Uniforms: Crocking, Skin Rashes

The uniform items are defective because they crock, claimed the Delta flight attendants. 

In another class action lawsuit, Delta workers alleged that the uniform items can cause health issues, including skin rashes, hair loss, and headaches.

In his order refusing to certify the Class for dye-rubbing claims, Judge Peterson pointed out that there were almost 100 uniform items at issue — including dresses, skirts, shirts, blouses, sweaters, jackets, and pants — and Lands’ End argued that crocking could occur because of improper use of washing methods, complicating the workers’ arguments. 

He said that brought up issues around the Delta flight attendants’ argument that items were automatically defective due to the crocking.

“There are factual disputes about how much crocking or color transfer is acceptable in the industry, whether Lands’ End uniforms met industry and [the airline agreement standards, and whether crocking was caused by factors outside Lands’ End’s control.”

He also sided with Lands’ End in a partial summary judgement on the “100%” satisfaction guarantee in the agreement, which the Delta flight attendants said was breached. 

Lands’ End had argued that it always offered employees a refund, credit, or replacement if they were unhappy with an item, and workers rarely took that up. Judge Peterson noted that the Delta flight attendants did not say that they tried to return their uniforms, or show evidence that they were denied a refund. 

“In contrast, Lands’ End has submitted unrefuted evidence showing that it never denied a refund or exchange to any named plaintiff who asked for one according to the procedures in the agreement.”

In regards to the allegations the uniforms led to health issues, Peterson wrote: “Since the Delta uniform launch in May 2018, the uniforms have been worn by approximately 64,000 Delta employees. The vast majority of employees who wore the uniforms have not complained to Lands’ End about problems with the uniforms.”

However, he did state that Lands’ End had received 2,470 complaints from Delta flight attendants and other employees about the uniforms, including 1,192 for skin irritation, 419 allergies, and 358 for crocking. Lands’ End also received complaints that did not fall into these categories, including complaints about hair loss and headaches, he wrote.

Are you a Delta flight attendant or other employee? Have you had issues with the Lands’ End uniforms? Leave a message in the comments section below.

The plaintiffs are represented by Bruce A. Maxwell of Terrell Hogan Yegelwel PA, Donald Winder of the Winder Law Firm, and Jay Urban of Urban & Taylor SC.

The Delta Airlines Flight Attendants Uniform Class Action Lawsuit is Andrews, et al. v. Lands’ End Inc., Case No. 3:19-cv-01066, in the U.S. District Court for the Western District of Wisconsin.

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