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Hawaiian Airlines Failure to Provide Reasonable Accommodations for Vaccine Mandate Prompts Class-Action Lawsuit

by Aoife O'Riordan

Feb 9, 2022

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eFlyer News

Since the rollout of COVID-19 vaccines in early 2021 and the release of an official vaccine policy in August 2021, Hawaiian Airlines has issued blanket denials to employees applying for exemptions. The airline rejected nearly every application regardless of the person’s religious belief or medical reason not to take the vaccine. As a result, a group of Hawaiian Airlines employees are suing the company for violating federal anti-discrimination regulations.

These employees emphasize they are not challenging the airline’s mandate but rather questioning the company’s refusal to work with individuals unable to take the vaccine for various reasons. After announcing its vaccine policy in August 2021, Hawaiian Airlines imposed a Jan. 4, 2022, deadline for employees to provide proof of vaccination.

“The employees Hawaiian is putting out of work here are more than willing to work with the company to reach a reasonable accommodation — such as the regular testing offered by other airlines — that would allow them to continue serving the flying public safely,” said John Sullivan, an attorney for the plaintiffs. “These employees should not be penalized for their faith or their disabilities.”

Now, Hawaiian Airlines is forcing hundreds of employees entitled to religious or medical exemptions under federal law to either get vaccinated or be terminated. Unvaccinated employees have the choice of a one-year involuntary leave of absence followed by subsequent termination. During this leave of absence, all compensation, health insurance and flight benefits are suspended.

The employees leading the lawsuit include a captain, a first officer, two flight attendants, an aircraft technician, a customer service agent and a management instructor. Additionally, the lawsuit questions Hawaiian Airlines’ safety rational for the mandate in which the airline doesn’t require passengers, vendors or pilots from other airlines who ride in the “jumpseat” of the aircraft with Hawaiian Airlines flight officers to be vaccinated. The case application was heard by Judge Jill A. Otake on Feb. 1.

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