American Airlines’ ‘Absence Points’ Policy Discriminates Against Flight Attendants with Disabilities, Class Action Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges American Airlines discriminates against flight attendants with disabilities by giving those who need to take medical leaves “absence points,” which can result in discipline or termination.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 12-page lawsuit claims that American Airlines’ “inflexible” company-wide policy disparately impacts and punishes flight attendants with disabilities in violation of the Americans with Disabilities Act (ADA). According to the filing, the airline was also required under the ADA to engage in an “interactive process” regarding what reasonable accommodations should be provided to these employees.

The plaintiff, an American Airlines flight attendant with HIV, says the virus weakens his immune system and places him at a higher risk of complications or death from common illnesses. As a result, the man must take time off work to monitor his health when he gets sick, the case explains.

The complaint says that for decades, the company routinely approved disability accommodations for the plaintiff, allowing him to take intermittent leaves for medical appointments and other necessary absences. Per the suit, the plaintiff never received absence points when he missed shifts during these leaves.

However, this accommodation was “suddenly revoked” after the plaintiff took time under the Family Medical Leave Act to undergo hip surgery from April to August 2021, the filing contends.

Upon returning to work, the man was told that “because American Airlines had placed him on a prior medical leave for his hip surgery, all future absences would be counted against him,” the case says. “Further, this meant that [the plaintiff’s] HIV could not be accommodated, as any meeting with a doctor would be an ‘absence.’”

The lawsuit goes on to claim that from September to December 2021, the man accrued 13 absence points due to medical appointments he had to miss flights to attend.

“The policy, as applied, is completely inflexible and it is impossible for a disabled flight attendant to avoid adverse employment actions because of their disability,” the case argues.

The lawsuit looks to represent any current or former American Airlines flight attendants who have a disability within the meaning of the ADA, are qualified for employment under the ADA and have been subjected to the company’s allegedly illegal policy regarding absence points.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.