“Conservative” Judge Upholds Company’s Vaccine Mandate

“Conservative” Judge Upholds Company’s Vaccine Mandate

Another day, another betrayal by a “conservative” judge.

Judge Mark Pittman, a Trump appointee who sits on the U.S. District Court for the North District of Texas, ruled for United Airlines in a vaccine mandate lawsuit brought by the company’s employees.

United Airlines’ outrageous mandate strips pay and benefits even from employees who receive an “exemption” for religious or medical reasons.

So you go through all the work of getting an exemption, and your reward is only getting “unpaid leave” instead of being officially “terminated.”

Hardly an exemption.

Companies are required by federal law to make “reasonable accommodations” for exemptions:

Plaintiffs’ claims arise from United’s COVID-19 vaccine mandate policy. Plaintiffs allege United violated Title VII of the Civil Rights Act of 1964 by refusing to engage in an interactive process, by failing to provide reasonable religious accommodations, and by retaliating against Plaintiffs for engaging in a protected activity (i.e., requesting an exemption). Similarly, Plaintiffs allege United violated the Americans with Disabilities Act (“ADA”) by failing to provide reasonable medical accommodations for qualified employees and for retaliating against those who requested medical exemptions.

https://storage.courtlistener.com/recap/gov.uscourts.txnd.353477/gov.uscourts.txnd.353477.104.0.pdf

The employees who brought the lawsuit made the rather obvious argument that if you still lose pay and benefits, the “exemption” is not “reasonable.”

But this “conservative” judge didn’t think so. After an obligatory show of sympathy for the employees, he concludes that it really doesn’t matter legally speaking, because losing your livelihood is not “irreparable” damage:

The Court is not insensitive to Plaintiffs’ plight. A loss of income, even temporary, can quickly ripple out to touch nearly every aspect of peoples’ lives, and the lives of their families and dependents. But the Court’s analysis must be guided by the law, not by its sympathy … Despite the novel facts presented here, the case law is clear that hardships stemming from loss of income are remediable; axiomatically such hardships cannot be called irreparable.

https://storage.courtlistener.com/recap/gov.uscourts.txnd.353477/gov.uscourts.txnd.353477.104.0.pdf

Thanks to Judge Pittman, it appears that at least 2,000 United employees will not be making a living as long as they stay unvaccinated at the company, despite having an “exemption.”

What will it take for conservatives to stop putting their hope in judges who always betray us?

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