Vaccine mandate VS Staffs ! United gets Court Support , can send unvaccinated staffs on unpaid leave !!

Vaccine mandate Wins !

A federal court in Texas has handed United Airlines a win, which is equivalent to a vaccine mandate in a Vaccine mandate VS  Staffs battle !

• US District Judge Mark T Pittman in Fort Worth, Texas, rejected arguments by employees that the airline was improperly putting them in an "impossible position" by forcing them to choose a vaccine or unpaid leave.
• United said in a statement it was pleased with the ruling and would try to find "non-customer facing" roles for exempted employees. If they refuse they will be placed on leave, United said.
• Biden administration's rule requiring some 84 million private-sector workers to be vaccinated or undergo weekly testing was temporarily blocked.

Earlier, a group of United employees dragged the carrier over its policy that sends unvaccinated workers on unpaid leave, if they have been granted religious or medical exemptions to its vaccine mandate. The employees said it would cause them irreparable harm .

Legal claims relating to exemption accommodations are usually addressed through an administrative process with the Equal Employment Opportunity Commission before a lawsuit is filed.

The unvaccinated employees group, led by two pilots, a cabin crew and an aircraft technician , pleaded before the court to block the policy.

But , not in the favour of employees , on Monday, the District Judge Mark T. Pittman expressed sympathy toward the plaintiffs but denied their motion for a preliminary injunction.

"The Court appreciates the difficulty conscientious employees face when asserting their religious rights," he wrote. "But that difficulty does not demonstrate irreparable harm."

The decision affects around 2,000 United workers. United is in the opinion that, it will work to identify roles for these workers that don't put them in close contact with customers. Unvaccinated staffs can apply for and work in those roles until they can safely return to their regular jobs. Employees who choose not to take such a role will be put on leave.

United CEO Scott Kirby had been vocal about vaccination, one of his earlier statements read,

“This is a historic achievement for our airline and our employees as well as for the customers and communities we serve,” United CEO Scott Kirby and president Brett Hart said in the memo. “Our rationale for requiring the vaccine for all United’s U.S.-based employees was simple — to keep our people safe — and the truth is this: Everyone is safer when everyone is vaccinated, and vaccine requirements work.”

• The ruling comes as US employers are gearing up to comply with rules issued by the Biden Administration that require companies with at least 100 employees to get their workers vaccinated against Covid-19 or submit to regular testing.
• Earlier, U.S.A. needed all federal contractors be vaccinated and that companies with more than 100 employees have every worker vaccinated as well, or face a fine of up to $14,000. 

"We're pleased with the court's decision," United said in a statement. "We know that the best way to keep everyone as safe as we can is for everyone to get vaccinated, as nearly all United employees have chosen to do."

The airline says it will review COVID-19 transmission and case rates every 30 days to determine when it is safe to allow unvaccinated employees to resume their original roles.

Judge Pittman took the opportunity to express displeasure with how United has handled employees who declined to be vaccinated, writing that the company's vaccine mandate "reflects an apathy, if not antipathy, for many of its employees' concerns and a dearth of toleration for those expressing diversity of thought."

United is happy about the success of its vaccine mandate, noting that aside from those granted exemptions, more than 99% of employees had gotten the shots.

To the U.S. government's surprise, another vaccine policy is not making any progress in the courts. The rule requiring some 84 million private-sector workers to be vaccinated or undergo weekly testing was temporarily blocked over the weekend and faces challenges in multiple U.S. circuit courts.

More than two dozen states and a number of businesses and religious organizations have sued, calling the rule an overreach of government authority.

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