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United Airlines Vaccine Mandate Class Action Lawsuit Overview:
- Who: United Airlines is asking a federal judge in Texas to trim a class action lawsuit filed against it by employees upset over its COVID-19 vaccine mandate.
- Why: United claims the lead plaintiffs cannot represent from within Texas a nationwide putative Class of 68,000 employees.
- Where: The class action lawsuit was filed in Texas federal court.
United Airlines has asked a federal judge in Texas to dismiss part of a class action lawsuit filed against the company by employees upset over its recent COVID-19 vaccine mandate, claiming they wouldn’t be able to represent out-of-state workers.
United is arguing that, while five of the six lead plaintiffs are from Texas, they cannot possibly represent a putative nationwide Class of what would be 68,000 employees positioned across the country.
“The case cannot proceed in this forum on behalf of a nationwide putative class because the court lacks personal jurisdiction over United for purposes of out-of-state putative class members,” United said in the dismissal.
Employees claim United has failed to accommodate workers who want to opt out of getting the COVID-19 vaccine for religious or medical reasons, instead simply placing them on unpaid leave without benefits.
Further, airline workers argue United is violating Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act by effectively firing workers who choose not to get the COVID-19 vaccine.
Employees are seeking a preliminary injunction and temporary restraining order to keep United from being able to fire or place workers on indefinite leave if they choose not to abide by the company’s vaccine mandate while citing religious or medical reasons.
United has said its policy on vaccines has nothing to do with Texas and that Class Members outside the state can’t “tag along” with plaintiffs who can establish personal jurisdiction inside of it.
United Trying to ‘Maintain Workplace Safety’ by Mandating Employees Get Vaccine, the Company Says
The airline has also held firm on its stance that it is acting in good faith and simply trying to maintain workplace safety by mandating its employees get vaccinated or get an approved exemption by Sept. 27.
“Although plaintiffs deny that they are challenging United’s ‘vaccine mandate itself,’ that is exactly what they are doing,” United said. “As a practical matter, plaintiffs are asking this court to sit as a ‘super-personnel department,’ reviewing the wisdom or fairness of United’s business decisions about how best to enhance workplace health and safety.”
Employees allege that United plans to place any workers who request an exemption on unpaid leave, while those who have their requests denied will have their employment terminated.
United, meanwhile, claims nothing in its vaccine mandate policy says employees will be terminated if they request or are given an exemption, asserting that they will simply be put on “temporary, unpaid leave,” while the company develops a strategy to keep everyone safe.
The airline says that workers who ask for a religious exemption will be put on unpaid leave, while workers given a medical exemption will be able to use paid sick leave.
“United’s current policy of providing unpaid leave to unvaccinated employees as an initial accommodation is therefore neither universal nor permanent,” United said.
Do you believe United is breaking the law with its vaccine mandate? Let us know in the comments!
The plaintiffs are represented by John C. Sullivan of S&L Law PLLC, Robert C. Wiegand and Melissa J. Swindle of Stewart Wiegand & Owens PC, and Mark R. Paoletta, Gene C. Schaerr, Brian J. Field, Kenneth A. Klukowski, and Annika M. Boone of Schaerr | Jaffe LLP.
The United Vaccine Mandate Class Action Lawsuit is Sambrano, et al., v. United Airlines, Inc., Case No. 4:21-cv-01074, in the U.S. District Court for the Northern District of Texas.
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