The judge ruled that the employees were not in a "impossible position," as they claimed, and that they had failed to show that they "would likely suffer imminent, irreparable injury."
Even if employees received religious or medical exemptions from the coronavirus vaccine, a federal judge has ruled that United Airlines can place unvaccinated employees on unpaid leave.
In his ruling Monday, U.S. District Judge Mark Pittman in Fort Worth, Texas, expressed sympathy for the workers and even referred to United's handling of their vaccine concerns as "calloused." However, the employees are not in a "impossible position," as they claimed, and they have failed to show that "they would likely suffer imminent, irreparable injury" if placed on unpaid leave, he claims.
"The Court's analysis must be guided by the law, not its sympathy," Pittman said in response to the employees' fears of losing their jobs if they refused to comply. "Despite the novel facts presented here, the case law makes clear that hardships resulting from a loss of income are remediable; such hardships cannot be called irreparable axiomatically."
The employees seeking the preliminary injunction against United's vaccine policy, who were identified in their complaint as an aircraft captain, flight attendant, aircraft technician and mechanic, station operation representative, and customer support representative, accused the company of failing to provide reasonable religious accommodations, of retaliating against them for requesting vaccine exemptions, and of violating the Americans with Disabilities Act by failing to provide reasonable religious accommodations.
United has announced that employees who qualify for religious or medical vaccine exemptions will be offered new roles that do not require close contact with customers. These positions will be available until the company determines that it is safe to return unvaccinated employees to their previous positions. Employees who have not been vaccinated will be placed on unpaid leave if they refuse to accept those positions.
In a statement to HuffPost on Tuesday, a United spokesperson said, "We're pleased with the court's decision today." "We understand that the best way to keep everyone as safe as possible is for everyone to get vaccinated, which nearly all United employees have done."
Scott Kirby, United's CEO, has pushed hard for his employees to get vaccinated, claiming that just over 99 percent of his employees have received the vaccine.
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