Employees Who Sued United Over Vaccine Mandate Get Another Chance

Image: Judge with gavel. (photo via Wavebreakmedia / iStock / Getty Images Plus)
Image: Judge with gavel. (photo via Wavebreakmedia / iStock / Getty Images Plus)
Rich Thomaselli
by Rich Thomaselli
Last updated: 11:29 AM ET, Sun February 20, 2022

Last year, a group of United Airlines employees sued the carrier to block its COVID-19 vaccine mandate, which imposed unpaid leave on those workers who remained unvaccinated including those given religious and medical exemptions.

The mandate was upheld in a December ruling by the 5th Circuit Court of Appeals in New Orleans.

Now the employees are getting another unlikely chance.

A federal appeals court has told the Texas judge in the original lawsuit that he must reconsider his decision, according to the Chicago Tribune.

The federal appeals court ruled opposite of the original decision, saying last week that workers on unpaid leave actually are "actively being coerced to violate their religious convictions," which constitutes irreparable harm.

Two of the three federal appeals court judges wrote that "United has presented plaintiffs with two options: violate their religious convictions or lose all pay and benefits indefinitely. That is an impossible choice for plaintiffs who want to remain faithful but must put food on the table."

Dissenting Judge Jerry Smith however wrote that the ruling "twists the record to fit that invention. We should not rush to stop private businesses from shielding their employees and customers during a pandemic."

United, based in Chicago, provided a statement to the Tribune.

"There's no doubt our vaccine requirement has saved lives and kept our employees out of the hospital," the company said. "And it's clear the best way to stay safe is for everyone to get vaccinated, as nearly all United employees have chosen to do."


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Rich Thomaselli

Rich Thomaselli

Associate Writer

Editor Associate Writer true 9281 14744 Rich Thomaselli has written for TravelPulse since 2014 and has been a professional journalist for nearly 40 years. His work has appeared in USA Today, the New York Times and New York Yankees publications. He is an 11-time writ

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