MAGISTRATE JUDGE ISSUES DECISION IN FAVOR OF AMERICAN IN FACEMASK-RELATED DISABILITY DISCRIMINATION SUIT
February 23, 2023
On December 1, 2022, a Magistrate Judge for the U.S. District Court for the Northern District of Texas decided in favor of American, dismissing a passenger’s claims of discrimination and retaliation by American related to its face mask policy. Like many airlines, American had a policy requiring passengers to wear a mask onboard flights in response to the COVID-19 pandemic. The passenger in this case alleged that he contacted American a month before his flight to document a disability that prevented him from being able to wear a mask, and to request an accommodation, but American did not grant this request. The passenger then alleged that upon boarding his flight, American personnel required him to wear a mask, which he argued showed that American perceived him to be disabled with a contagious disease and should have entitled him to decline wearing a mask as an accommodation under the Americans with Disabilities Act (“ADA”). After consideration of the issues raised, the Court found that the passenger did not show that American had committed a discriminatory or retaliatory act because the passenger acknowledged that he did not have a disability, at no point alleged what his disability was, and did not indicate how any alleged disability would have prevented him from wearing a mask as required by American’s policy. As a result, the case was dismissed.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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