Ex-JetBlue Worker’s Asthma Bias Case Survives Motion to Dismiss

Sept. 19, 2022, 9:33 PM UTC

JetBlue Airways Corp. must face disability discrimination claims brought by a ground employee who was fired after repeatedly requesting a saliva test in lieu of a breathalyzer as an accommodation for his asthma following a luggage vehicle accident, a New York federal judge ruled.

“This accommodation is reasonable and does not impose an undue hardship, as it is identified as an alternative by both DOT and JetBlue policies,” Judge Margo K Brodie said, denying in part a defense motion to dismiss. “Plaintiff has established a clear connection between the failure to grant this accommodation, his inability to return to work, ...

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