Clearing the Air: The Legal Fight Over Absence Points at American Airlines

Author: Sam Manning, Esq.

What Happened in This Case?

The Longobardi v. American Airlines Group, Inc. lawsuit is a legal battle centered around the Americans with Disabilities Act (“ADA”) and its application in the workplace.[1] This case involves plaintiff, Edward Longobardi, who alleges that American Airlines discriminated against him by refusing to provide reasonable accommodations and punishing him under their absence points policy. This lawsuit alleges other employees with disabilities are also significantly impacted by this policy for taking necessary medical leave to obtain treatment for their conditions.

Plaintiff, who has worked for American Airlines for over two decades, is a gay man living with HIV. His HIV status qualifies as a disability under the ADA due to the associated risks of complications or death from common illnesses. Throughout his career at American Airlines, plaintiff has required intermittent leaves to manage his health, which American Airlines initially provided. Plaintiff was able to attend necessary doctor appointments without being subject to disciplinary action for missing work.

For many years, plaintiff has been able to manage his HIV while working as a flight attendant, thanks to the intermittent leave he was granted by American Airlines as a reasonable accommodation. Everything changed when plaintiff needed hip surgery in 2021. His employment status in American Airlines’ employee records was listed as “separated” even though he was an active employee. This significantly impacted his ability to reapply for his ADA accommodation.

During this period, Longobardi’s Family and Medical Leave Act (“FMLA”) leave was exhausted, and he remained out of work through August of 2021. Upon his return, he was met with resistance from American Airlines regarding his need for further accommodation to treat his condition. Plaintiff alleges that his manager, who had knowledge of his prior medical conditions and leave history, did not make reasonable accommodations after his return to work. Plaintiff was given a letter on August 2, 2021, stating that he had been absent without amortization since May 18, 2021, which plaintiff disputed as he had allegedly been approved for disability benefits in March of 2021.

When plaintiff returned to work in August of 2021, he was told that due to the company’s policy regarding absences, any future absences including those related to his disability would count against him. Between September 7, 2021, and December 31, 2021, plaintiff accrued 13 absence points due to his need to attend medical appointments related to his disability. This accumulation led to plaintiff’s termination. Plaintiff alleges that American Airlines failed to engage in the interactive process to provide reasonable accommodations for his disability.

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What is the Discriminatory Policy?

The central issue in the case is whether American Airlines absence points policy is discriminatory against those who are disabled under the ADA. Absence points are a system used by American Airlines to track employee absences. According to the American Airlines’ Employment Handbook absence points are accumulated over time based on the length and frequency of the absences. If an employee reaches a certain threshold of points, disciplinary action may be taken. Under the policy, absence points can accrue from sick absences, medical leaves of absence (MLOAs), and personal days. Employees who take sick absences accrue points based on the length of their absence. Employees who take a medical leave of absence also accrue points based on the duration of their leave. This policy does not punish employees who take a family leave of absence (FMLA). Regarding absences due to personal days, the application is varied, but excessive use could potentially lead to accumulation of absence points.

Plaintiff alleges that this policy disproportionately impacts employees with disabilities. The policy according to plaintiff is inflexible and does not account for the unique needs of disabled employees and fails to provide reasonable accommodations as required by law. The lawsuit further asserts that American Airlines did not engage in the integrative process to identify possible accommodations for plaintiff’s disability, which is a direct violation of the ADA.

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What is the Current Status of this Case

The class action lawsuit was officially filed on January 19, 2024, in the United States District Court for the Northern District of Texas. As of now, the case is still in its early stages, and the court has not yet certified this lawsuit as a class action. Class certification is a critical step in the legal process, as it determines whether the case can proceed on behalf of all similarly affected American Airlines employees, rather than just plaintiff Edward Longobardi. The District Court is currently in the process of evaluating whether the lawsuit meets the necessary legal criteria to be certified as a class action lawsuit.

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Takeaways

Longobardi v. American Airlines Group, Inc. serves as a critical reminder of the potential exposure that companies face under the ADA and similar statutes. The allegations made in this lawsuit highlight the importance of proactive risk management strategies, particularly in developing and enforcing employment policies to prevent lawsuits like this one and to prevent Nuclear Verdicts?.

Companies need to ensure that their absence or attendance policies are not only compliant with federal and state laws, but also adaptable to individual circumstances, especially policies around disabilities. Inflexible policies that do not allow for reasonable accommodations or punish workers can lead to costly litigation, potential liability, and even Nuclear Verdicts?. There is significant incentive to engage in the interactive process with employees who request accommodations because failure to do so can be construed as a violation of the ADA, which can be costly and difficult to defend in court. Defense counsel should be sure to advise their clients on the importance of maintaining detailed records of accommodation requests and engagement in the interactive process to mitigate potential claims and prevent Nuclear Verdicts?.

With regard to insurance providers, this underscores the importance of thoroughly assessing the risks associated with employment practices and ensuring that their clients have appropriate policies in place that align with both federal and state laws. This also emphasizes the necessity of carefully underwriting policies related to employment practices liability insurance and considering the implications of class action risks when determining coverage and premiums. Even at the early stages, cases such as Longobardi can lead to significant legal fees and large settlements.

Sources

[1] Longobardi v. American Airlines Group, Inc., No. 3:24-cv-00152 (N.D. Tex. Filed Jan 19, 2024).

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