United Airlines employees sue company over ‘draconian’ COVID vaccine mandate

FIRST ON FOX: United Airlines employees have filed a complaint against the airline over its coronavirus vaccine mandate.

United said in August that more than half of its 67,000 U.S.-based employees who had not been vaccinated in August would be required to be vaccinated by September 27, but made an exception for those who have medical and religious reasons, which, according to employees, was not the case.

The six grieving employees say United Airlines did not approve requests for vaccine accommodation and instead offered six years of unpaid leave to those who wish not to be vaccinated.

“We have filed this complaint to protect the rights of honest and hardworking United Airlines employees who have religious or medical reasons for not receiving the COVID-19 vaccine. United has refused to provide accommodations and these employees are afraid of the tenure. United’s draconian policy that forces them to get vaccinated or lose their jobs. This is unacceptable in America, “Mark Paoletta, Schaerr-Jaffe partner representing the complainant, said in a statement to FOX Business.

Workers who come into regular contact with passengers, such as flight attendants, gatekeepers and pilots, and whose exemptions are approved will face indefinite unpaid leave starting October 2. “, according to a note obtained by the Associated Press.

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Employees who rarely deal with passengers – examples include baggage handlers and mechanics – and whose exemptions are approved will also be put on leave, but only until the airline comes up with a plan for weekly testing and compulsory wear. mask for them.

HQ employees whose exemptions are approved will be placed on leave until United decides on security measures, including whether the person should enter the office.

“The most effective thing we can do as an airline to protect the health and safety of all of our employees is to require the vaccine – excluding the small number of people who have requested an exemption, over 97% of our US employees are vaccinated, ”a United spokesperson told FOX Business. “And we’ve been encouraged by the overwhelmingly positive response from employees across all task forces, since we announced the policy last month. We are looking into this complaint in more detail, but at this point we believe it is. unfounded.”

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Lawyers argue that under civil rights law, United must make reasonable accommodations for employees, which could include requiring masks and testing for unvaccinated employees. Lawyers note that even the recent vaccination mandate from the Biden administration accepts COVID-19 testing as an alternative to vaccination.

“It’s not about how effective the vaccines are or whether United can impose vaccination. The point is that some people have sincere religious objections to the COVID-19 vaccine, and the Civil Rights Act of 1964 requires that employers respect and accommodate these beliefs. United has failed to do that, “said Paoletta, adding that some United employees” also have special medical conditions “and doctor’s notes for not getting the vaccine.

In explaining its new rules to employees, United cited statistics on the state of the pandemic in the United States, where the rapid spread of the delta variant has raised concerns in some sensitive areas, leaving hospitals – especially hospitals rural – overwhelmed. Most of the cases, hospitalizations and deaths occur among unvaccinated people, according to memos reviewed by the AP.

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Lawyers for Schaerr-Jaffe, LLP of Washington, DC, as well as attorneys John Sullivan of Cedar Hill, Texas, and Robert Wiegand and Melissa Swindle of Dallas, Texas, are leading the class action lawsuit in federal court for the North District of Texas.

The plaintiffs, on behalf of a class that lawyers say will number around 2,000 employees, are seeking a temporary restraining order against United’s plans to put unvaccinated employees on six-year unpaid leave.

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A grassroots organization of U.S. airline employees working to defend members’ religious and medical freedoms, called the Airline Employees 4 Health Freedom, expressed support for the lawsuit in a statement on Tuesday.

“The past few months have been an extremely difficult time for many. We have listened to and supported thousands of colleagues who have been overwhelmed by this draconian process,” the group said. “Based on the facts alleged in the complaint, we are confident that the judge and the public will side with the thousands of United employees who courageously defend the religious and medical rights of all Americans.

The Associated Press contributed to this report.