U.S. Airlines Group Files Lawsuit Against New York State Over Sick Leave Regulations

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A trade organization representing major U.S. airlines has initiated legal action against a New York state civil rights agency, accusing it of overstepping its authority by attempting to enforce state anti-discrimination laws that would alter the airlines’ policies on paid sick leave. The lawsuit, filed in federal court in Brooklyn on Wednesday, represents the latest legal challenge by Airlines for America against state mandates regarding employee sick leave.

This lawsuit is at least the fourth such action taken by Airlines for America, which claims that various states are improperly imposing requirements on airlines to provide paid leave for routine medical appointments and temporary medical conditions. The group argues that these state mandates interfere with federal regulations governing airline operations.

In a similar case last year, a federal judge in Boston ruled in favor of Airlines for America, determining that a Massachusetts paid sick leave law was preempted by federal law regulating airlines. The organization also has ongoing lawsuits against the states of Colorado and Illinois over similar issues.

The current lawsuit stems from an administrative complaint filed last November by the New York Division of Human Rights. The complaint alleged that American Airlines discriminates against flight attendants based on disability and sex by disciplining them for missing work due to certain medical issues, including routine pregnancy-related appointments. Airlines for America contends that the state’s anti-discrimination law does not apply to these types of absences. Even if it did, the organization argues, the law is preempted by the federal Airline Deregulation Act. This federal law prohibits states from enacting regulations that affect the “price, route, or service” provided by an airline.

The lawsuit asserts that allowing the state to enforce these regulations would lead to increased employee absences, which in turn could cause flight delays, cancellations, and longer wait times at ticket counters and gates.

Airlines for America’s membership includes major carriers such as American Airlines, Delta Air Lines, JetBlue Airways, Southwest Airlines, United Airlines, as well as FedEx and UPS. A representative from the New York Division of Human Rights declined to comment on the ongoing litigation.

In the Massachusetts case, U.S. District Judge Allison Burroughs previously found that the state’s paid sick leave law led to a rise in sick days among airline employees, with “sick leave abuse” particularly evident during weekends and holidays.

In its latest lawsuit, Airlines for America argues that the New York Division of Human Rights is similarly disrupting the industry-standard attendance policies, where employees accrue points for absences and face disciplinary actions or termination for accumulating too many points.

The lawsuit seeks a court declaration that the New York law, as interpreted by the Division of Human Rights, is preempted by the federal Airline Deregulation Act. The case is officially titled Airlines for America v. Miranda and is being heard in the U.S. District Court for the Eastern District of New York under case number 1:24-cv-05387.

The legal team representing Airlines for America includes Mark Robertson and Charles Mahoney from the law firm O’Melveny & Myers.