Aug 1 (Reuters) - A trade group representing major U.S.
airlines has sued a New York state civil rights agency accusing
it of improperly trying to use state anti-discrimination laws to
eliminate airlines' limits on paid sick leave for employees.
The lawsuit filed in Brooklyn federal court on Wednesday is
at least the fourth by Airlines for America to claim that states
are improperly requiring airlines to provide paid leave for
routine doctor's appointments and "transitory" medical
conditions.
A federal judge in Boston last year agreed with the group
that a Massachusetts paid sick leave law was preempted by a
federal law regulating airlines. The group also has lawsuits
pending against Colorado and Illinois.
Wednesday's lawsuit was prompted by an administrative
complaint that the New York Division of Human Rights filed last
November claiming American Airlines ( AAL ) discriminates against flight
attendants based on disability and sex by disciplining them for
missing work over certain medical issues, including for routine
pregnancy-related appointments.
Airlines for America says a state anti-bias law does not
cover those kinds of absences and that even if it did, the law
is preempted by the federal Airline Deregulation Act, which bars
states from adopting laws that affect the "price, route, or
service" offered by an air carrier.
Finding otherwise would lead to an increase in worker
absences, which in turn would cause flight delays,
cancellations, and longer lines at ticket counters and gates,
the lawsuit says.
Airlines for America has ten members including American,
Delta Air Lines ( DAL ), JetBlue Airways ( JBLU ), Southwest Airlines ( LUV ), United
Airlines, FedEx ( FDX ) and UPS.
The Division of Human Rights did not immediately respond to
a request for comment on Thursday.
In the Massachusetts case, U.S. District Judge Allison
Burroughs last year found that a state law mandating paid sick
leave had triggered an increase in sick days taken by airline
employees. She also said that "sick leave abuse" was common in
the airline industry, pointing to a spike in absences on
weekends and holidays.
Airlines for America in Wednesday's lawsuit says the New
York Division of Human Rights is similarly interfering with
airlines' ability to use attendance policies common in the
industry in which workers receive points for absences and can be
disciplined or fired if they accumulate too many.
The lawsuit seeks a declaration that New York law, as
interpreted by the Division of Human Rights, is preempted by the
federal airline law.
The case is Airlines for America v. Miranda, U.S. District
Court for the Eastern District of New York, No. 1:24-cv-05387.
For Airlines for America: Mark Robertson and Charles Mahoney
of O'Melveny & Myers
For the state: Not available
Read more:
Judge sends airlines' challenge to Mass. sick leave law to
trial
(Reporting by Daniel Wiessner in Albany, New York)