United Airlines Will Return Workers with Vaccine Exemptions to Former Jobs

​Noting the decline in the number of coronavirus cases, United Airlines told employees on March 10 that those with exemptions from its mandatory vaccine policy could return to their former positions as of March 28. We've gathered articles on the news from SHRM Online and other news outlets.

Decline in COVID-19 Infections Expected to Continue

Approximately 2,200 United Airlines employees received exemptions last year. They were placed on unpaid leave or moved to roles that did not involve in-person contact with customers. "We expect COVID case counts, hospitalizations and deaths to continue to decline nationally over the next few weeks, and, accordingly, we plan to welcome back those employees," Kirk Limacher, United's vice president for human resources, said in a memo to employees.

(The New York Times)

United's Requirement Faces Lawsuit

United's vaccine requirement faces a lawsuit brought by employees who objected to being placed on unpaid leave as part of their religious or medical accommodations. A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 last month in favor of two such employees. The court said a federal judge in Texas must reconsider a motion for an order blocking enforcement of the requirement. The federal judge in Texas last year had ruled in United's favor.

(The Wall Street Journal)

'Impossible Choice'

The decision to get vaccinated or go on leave "is an impossible choice for plaintiffs who want to remain faithful but must put food on the table," according to the majority 5th Circuit opinion from Judges Jennifer Walker Elrod and Andrew Oldham.

(AP via nola.com)

Vigorous Dissent

In a dissent to the 5th Circuit decision, Judge Jerry Smith said that in its decision to "play CEO of a multinational corporation," the majority "shatters every dish in the china shop," adding that "for every conceivable reason that the plaintiffs could lose this appeal, they should."

(Reuters) and (SHRM Online)

United Airlines Said the Case Was Now Moot

United Airlines said the case was now moot. United Chief Executive Scott Kirby in December said that of the company's 67,000 employees, approximately 200 did not comply with the company's policy and were fired. United has no plans to rehire those employees. Kirby in December defended the requirement, saying, "We did this for safety. We believe it saved lives."

The March 10 memo to United employees noted that, "Of course, if another variant emerges or the COVID trends suddenly reverse course, we will reevaluate the appropriate safety protocols at that time."

(Reuters)