Kalitta Air discrimination lawsuit!
10-20-2022, 12:14 AM
#21
Gets Weekends Off
Joined APC: May 2021
Posts: 319
Originally Posted by zerozero
I'm with you on student loan debt forgiveness. But all this "money" sloshing around the economy has in fact done one very big thing: INFLATION.
We'll be paying for everything from the 2009 Wall St bailouts to the 2020 CARES Act for many, many years to come through inflation.
We'll be paying for everything from the 2009 Wall St bailouts to the 2020 CARES Act for many, many years to come through inflation.
10-25-2022, 01:03 AM
#22
Gets Weekends Off
Joined APC: May 2011
Position: B747-400 CA
Posts: 373
I haven’t been to one single foreign country with K4 that requires the shot to enter. The idiot in chief of this country started this vaccine “mandate” crap and soon found out you can’t do that. I hope these guys win big also.
10-25-2022, 07:09 PM
#23
Gets Weekends Off
Joined APC: May 2014
Posts: 150
I approve of the specific language for the classes, here did you find this? Is there an official filing or some source document where this comes from?
Originally Posted by nitefreight
It's not just those who were terminated. Certain employees still on the payroll would also be entitled to damages. The scope of the putative class includes anyone who rescinded his or her "exemption" and got the shot under duress. Arguably, they suffered more injury than those who refused to get the shot. They will have to live with that decision every day. The potential damages from this class action suit are staggering and won't be the typical lawsuit that Connie will settle out for pocket change. This will be the lawsuit of his lifetime. One of the plaintiffs' lawyer just handed United's best attorneys a crushing defeat in the Fifth Circuit Court of Appeals. Another lawyer recently forced the FDA/Pfizer to produce data they claimed would take 75 years to review and release. The court didn't buy it. www.sirillp.com
Plaintiffs will ultimately seek at least four subclasses when they move for class certification: (1) employees who sought either a religious or medical accommodation (or both) and who could have been reasonably accommodated by Kalitta but were placed on unpaid leave pending termination instead; (2) employees who abandoned their exemption from the mandate because of the company’s unlawful actions that violated either their Title VII or ADA rights (or both); (3) employees terminated from the company who were entitled to a Title VII or ADA exemption but did not seek an exemption through Kalitta’s process because the “accommodation” announced from the outset was inevitable termination and those employees were (rightly) afraid of retaliation by the company for seeking an accommodation; and (4) employees who were forced out of the company—either by termination or involuntary retirement—because Kalitta regarded them as having a disability due to their lack of vaccination, even though they were not a danger to others.
Plaintiffs will ultimately seek at least four subclasses when they move for class certification: (1) employees who sought either a religious or medical accommodation (or both) and who could have been reasonably accommodated by Kalitta but were placed on unpaid leave pending termination instead; (2) employees who abandoned their exemption from the mandate because of the company’s unlawful actions that violated either their Title VII or ADA rights (or both); (3) employees terminated from the company who were entitled to a Title VII or ADA exemption but did not seek an exemption through Kalitta’s process because the “accommodation” announced from the outset was inevitable termination and those employees were (rightly) afraid of retaliation by the company for seeking an accommodation; and (4) employees who were forced out of the company—either by termination or involuntary retirement—because Kalitta regarded them as having a disability due to their lack of vaccination, even though they were not a danger to others.
10-26-2022, 06:26 AM
#24
On Reserve
Joined APC: Feb 2016
Posts: 22
It is hidden on page 85, paragraph 264 of the complaint (hyperlink provided by the OP of this string). Thanks to the courageousness of one pilot who was awarded an exemption, but was coerced to take the vaccine, he will act as a class representative for everyone else on the payroll who rescinded their exemptions and got the shot to keep their jobs. We don't know yet how may did that, but they will have to show us how many during discovery.
As for what damages those who got the exemption letter and took the shot are entitled to, the Sixth Circuit standard for getting punitive damages under Title VII or ADA discrimination is fairly low. The plaintiffs need not even show that the employer engaged in egregious or outrageous acts (although they did that too); nor need the plaintiffs demonstrate the employer's actual knowledge that its conduct would violate federal anti-discrimination law; The employer's perceived risk that its conduct may violate federal law is sufficient. So, if the class (through their attorneys) can show that Kalitta acted with knowledge that it might be in violation of the law (Title VII/ADA), punitive damages are available. Can management argue with a straight face that they were so misinformed and confused that it never dawned on them that their own mandate might have been unlawful? The emails will be produced during discovery. It should be interesting.
While business may be booming for Kalitta (that's a good thing), the chances of Kalitta successfully defending this lawsuit are getting worse with every news flash that the government and main stream media were lying to us about safety and effectivity. Once management discovers (if they haven't already) that their main legal defense will go down in flames, they will eventually learn that the vast majority of putative class members do not really want reinstatement--They don't want to work for or trust their lives to a management that attempted to coerce them to take an experimental genetic substance simply because management was terrified of losing any of Connie's government contracts. To show the Biden administration just how far they were willing to go to suck up to their vaccine agenda (hoping to get more contracts?), they over-reacted and adopted the false and draconian position that EO 14042 had no provision to allow exempt employees to continue to work so neither did theirs. In their skewed and myopic view, all exempt employees must be fired! The irony is that most employees quite clearly explained the law to management in their request for exemptions, but that was ignored. Management demonstrated that they would unlawfully discriminate against their employees, instead of handling it like virtually every other airline. While back pay is certainly going to be expected, the vast majority of former employees, many of whom have found other work, are not going to be running back to a hostile employer with hat in hand, in the event management thinks they can reinstate and avoid front pay damages. It's not going to happen.
As for what damages those who got the exemption letter and took the shot are entitled to, the Sixth Circuit standard for getting punitive damages under Title VII or ADA discrimination is fairly low. The plaintiffs need not even show that the employer engaged in egregious or outrageous acts (although they did that too); nor need the plaintiffs demonstrate the employer's actual knowledge that its conduct would violate federal anti-discrimination law; The employer's perceived risk that its conduct may violate federal law is sufficient. So, if the class (through their attorneys) can show that Kalitta acted with knowledge that it might be in violation of the law (Title VII/ADA), punitive damages are available. Can management argue with a straight face that they were so misinformed and confused that it never dawned on them that their own mandate might have been unlawful? The emails will be produced during discovery. It should be interesting.
While business may be booming for Kalitta (that's a good thing), the chances of Kalitta successfully defending this lawsuit are getting worse with every news flash that the government and main stream media were lying to us about safety and effectivity. Once management discovers (if they haven't already) that their main legal defense will go down in flames, they will eventually learn that the vast majority of putative class members do not really want reinstatement--They don't want to work for or trust their lives to a management that attempted to coerce them to take an experimental genetic substance simply because management was terrified of losing any of Connie's government contracts. To show the Biden administration just how far they were willing to go to suck up to their vaccine agenda (hoping to get more contracts?), they over-reacted and adopted the false and draconian position that EO 14042 had no provision to allow exempt employees to continue to work so neither did theirs. In their skewed and myopic view, all exempt employees must be fired! The irony is that most employees quite clearly explained the law to management in their request for exemptions, but that was ignored. Management demonstrated that they would unlawfully discriminate against their employees, instead of handling it like virtually every other airline. While back pay is certainly going to be expected, the vast majority of former employees, many of whom have found other work, are not going to be running back to a hostile employer with hat in hand, in the event management thinks they can reinstate and avoid front pay damages. It's not going to happen.
10-26-2022, 10:24 AM
#25
New Hire
Joined APC: Aug 2022
Posts: 5
Courageous individual indeed. Been thinking of going to an ACMI from the regionals but not having the vax has been holding me back, hopefully this lawsuit changes that. I might even apply and see if there are willing to change their stance now that this is out.
10-26-2022, 10:21 PM
#26
Gets Weekends Off
Joined APC: Nov 2013
Position: Boeing, left side
Posts: 181
Originally Posted by guyinthesky
Courageous individual indeed. Been thinking of going to an ACMI from the regionals but not having the vax has been holding me back, hopefully this lawsuit changes that. I might even apply and see if there are willing to change their stance now that this is out.
10-27-2022, 08:51 AM
#27
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Joined APC: Aug 2016
Position: Relaxed
Posts: 6,945
Originally Posted by shroomwell
It will be ten years before this lawsuit is resolved. Like all legal actions.
10-28-2022, 12:14 AM
#28
On Reserve
Joined APC: Feb 2016
Posts: 22
It will be ten years before this lawsuit is resolved. Like all legal actions.
https://www.uscourts.gov/statistics/...res/2021/09/30
10-30-2022, 06:02 PM
#29
Gets Weekends Off
Joined APC: Apr 2007
Posts: 1,809
Originally Posted by guyinthesky
Courageous individual indeed. Been thinking of going to an ACMI from the regionals but not having the vax has been holding me back, hopefully this lawsuit changes that. I might even apply and see if there are willing to change their stance now that this is out.
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