Green Light for United Workers Creates a Job Bias Claim Niche

March 1, 2022, 10:30 AM UTC

A federal appeals court recently revived a bid by United Airlines employees for a preliminary injunction against the company’s Covid-19 vaccine mandate in a decision revealing the obstacles workers face to get an immediate court order to block alleged job discrimination.

The decision highlights the hurdle created by federal anti-bias laws’ requirement that a worker exhaust their administrative remedies with an agency before pursuing their claims in court. It also shows the high bar for a worker to establish that the alleged discrimination creates the type of irreparable harm meriting a preliminary injunction.

“Both the exhaustion requirement and the irreparable ...

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