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Lawsuit claims NY workplace bias laws don't apply to airlines
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Lawsuit claims NY workplace bias laws don't apply to airlines
Aug 2, 2024 10:45 AM

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.

A spokesman for the Division of Human Rights declined to

comment.

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)

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