A judge has dismissed a lawsuit brought by a 50-year-old former United Airlines pilot who sued the company, alleging he was wrongfully fired in 2021 for not getting the coronavirus vaccination.
Plaintiff Andrew Risk’s Los Angeles Superior Court lawsuit allegations included wrongful termination, retaliation, discrimination, harassment, failure to accommodate and engage in the interactive process and intentional infliction of emotional distress. On Monday, Judge Jill Feeney granted UA’s motion to dismiss Risk’s case.
UA maintained the pilot was only temporarily discharged for failing to get an exemption from United’s COVID-19 vaccination policy. The airline also contended that Risk was unable to perform his job because he admitted he lost his first-class medical certification and did not known when it would be reinstated.
“Plaintiff advances no other reason for his termination which would violate public policy supported by either constitutional or statutory provisions,” the judge wrote. “Therefore, (UA) meets its burden of proving no violation of public policy was a substantial motivating reason for plaintiff’s discharge.”
UA was not required to determine if a suitable reassignment was available because Risk never asked for a new position as an accommodation, Feeney further wrote.
“Defendant was not expected to read plaintiff’s mind to know he would have been interested in reassignment,” according to Feeney. “Moreover, plaintiff’s COVID-19 symptoms would have prevented him from taking any other role at the company.”
In their court papers, UA attorneys stated that Risk suffered from “long-term COVID.”
According to his suit, Risk was hired in September 2007, and in August 2021 he contracted the coronavirus and suffered from losses of taste and smell as well as difficulty in breathing. His scheduled flights were canceled and a UA nurse told him he could not resume his job until his sense of smell returned because such a loss is a safety concern when flying, the suit filed in November 2022 stated.
Risk’s suit further stated that an aviation medical examiner told him he still was not ready for medical clearance due to COVID-related breathing and lung issues, so the plaintiff was placed on a leave of absence. The doctor advised him not to get the coronavirus vaccination despite a company mandate because he was still experiencing COVID-19 symptoms, according to the suit.
Risk subsequently sent an email to the Los Angeles International Airport Base chief pilot explaining with documentation that he could not be vaccinated because his doctor told him it could affect his health, the suit stated. Risk received a response the next day and was told to attend a meeting in October 2021 concerning his vaccination status, the suit filed in November 2022 stated.
The meeting was canceled, but UA later sent emails to employees stating that all of them had to get the coronavirus shots by November 2021, the suit stated. Risk applied for an exemption to the mandate, according to the suit.
Risk’s exemption application was initially accepted, but later denied, according to the suit. When Risk asked the assistant chief pilot to resolve the issue, the latter said that UA was “coming down on people that were not vaccinated,” the suit stated.
Subsequent meetings with members of the UA corporate division failed to resolve the issues and Risk received a letter in December 2021 stating that he was being fired despite his having provided evidence that getting vaccinated could impact his health, the suit stated.
The suit alleged UA wrongfully fired Risk instead of allowing him to remain on leave while he recovered.