United Airline employees are one step closer to potentially getting relief from the draconian vaccine mandate imposed by CEO Scott Kirby. On Monday, the Fifth Circuit Court of Appeals in New Orleans began hearing oral arguments in Sambrano v. United Airlines.
Employees have been before the courts multiple times, including U.S. District Judge Mark Pittman and the Fifth Circuit also once before already, last month, arguing irreparable harm and that their Title VII rights have been violated.
In these proceedings, the Fifth Circuit has granted the plaintiffs' motion for an expedited appeal, with the Parties briefing the appeal and the court having heard the argument within just three weeks.
As I've been following, United's mandate is particularly draconian, with Kirby seeming to relish in having to let go employees or place them on unpaid leave. During a committee hearing last month, Sen. Ted Cruz (R-TX) also caught and called Kirby out on a lie when it comes to how many employees have been placed on such leave.
From that committee hearing:
“I have limited time, so my question is, how many pilots have you fired?”
Mr. Kirby replied:
“I believe it is six out of 13,000.”
Sen. Cruz asked:
“How many pilots have you placed on unpaid leave?”
Mr. Kirby replied:
“I think it’s about 80.”
Sen. Cruz asked:
“Okay, how many flight attendants have you fired?”
Mr. Kirby replied:
“I don’t know the number. In total, it’s about 200 employees.”
Sen. Cruz continued:
“Well, I will tell you, I spoke this morning to the Airline Employees for Health Freedom that said they had over 2,000 United employees who had been placed on unpaid leave because they sought exemptions from the vaccine mandates, that said that included 331 pilots...
While the Fifth Circuit had previously ruled against United employees, there was a strong dissent from Judge James Ho, whom Sen. Cruz referenced in his remarks when questioning Kirby.
The senator also mentioned Judge Ho during that committee hearing:
...Just recently, the Fifth Circuit Court of Appeals Judge James Ho, someone I know very well, an exemplary jurist, wrote an opinion in which he described the likelihood of your employees succeeding on the merits as the claims against you ‘appear compelling and convincing at this stage.’ I want to read what Judge Ho wrote about United. Title Seven forbids employers from retaliating against employees who attempt to exercise their statutory rights. Yet, United CEO Scott Kirby told employees and accompany town hall meeting that, ‘very few religious exemptions to the vaccine mandate would be granted.’ Then, and that anyone who even attempted to request one would be, ‘putting their job on the line.’ I saw that video, and it’s a disturbing video. He went on to note, this is again Judge Ho writing, the district court thus concluded that United’s mandate reflects an apathy, if not antipathy, for many of its employees’ concerns and a dearth of toleration for those expressing a diversity of thought. Through both its policy and its official statements to employees, United has demonstrated a ‘calloused approach to and apparent disdain for people of faith.’ Why is United’s conduct disregarding the rights of your employees so different from the conduct of your competitor airlines which are protecting the rights of their pilots and flight attendants and not firing them or putting them on unpaid leave for exercising their religious liberty rights?”
Kirby was also filmed saying that very few people would qualify for medical or religious exemptions when it comes to the vaccines, which is what the employees in question in the case are seeking.
Sabrina Canfield referenced the plaintiffs' concerns with the vaccine, writing for Courthouse News:
NEW ORLEANS (CN) — An attorney representing United Airline employees who sued the company over its Covid-19 vaccine mandate told a Fifth Circuit panel Monday evening that getting the shots would make them "complicit in the destruction of human life" because the three vaccines available in the U.S. were developed using stem cell technology.
Some of the workers have previously claimed in court documents they could not get the vaccinate for various other reasons, including having severe reactions to allergens, including eggs and penicillin, while another plaintiff said he suffered from multiple sclerosis.
Further, when it comes to the Omicron variant, despite warnings about a "pandemic of the unvaccinated," vaccinated people are still being infected, though the vaccine is designed to protect them from severe cases. As Townhall has been reporting from the start, the variant is much more "mild" according to officials. Several studies from multiple countries have confirmed that it is also less likely to result in hospitalization than the Delta variant. Earlier today, Julio reported that "Doctor Admits Omicron Variant Is Less Severe But Doesn't Want to Tell People."
Sherry Walker, a co-founder of the Airline Employees 4 Health Freedom (AE4HF) provided a statement to Townhall.
"We are very proud of our attorneys who concisely and expertly explained why the harm in our case is irreparable and deserving of an immediate injunction. We are also grateful to the judges of the 5th Circuit for their insightful questioning and keen understanding of this issue and its urgency. Our team's experience was evident in their expansive knowledge of prior case law. And when questioned regarding past precedence, explained the uniqueness of the mandate issue in today's world. Our suit is prime to set caselaw in the area of religious liberty as one should never be forced to choose between their jobs and their faith. This is truly a crisis of conscience," Walker said.
The Parties are awaiting the panel's decision.