Flight attendant feared she’d be fired for removing mask to use inhaler, lawsuit says
A former United Airlines flight attendant says she lost her yearslong career over the company’s COVID-19 mask policy in place early in the pandemic, according to a federal lawsuit filed in Florida.
Sharolyn Stanley, 64, of Osceola County was forced to retire in 2021 because the airline’s mask policy created the “real threat” of getting fired or “turned in” by one of her co-workers for removing her mask to use a rescue inhaler for asthma, the lawsuit says.
The company welcomes employees and travelers to wear a face mask, but masking is no longer required.
Before the policy shifted from mandatory masking, Stanley says United Airlines denied her request for reasonable accommodation for asthma, a condition she was diagnosed with as a baby.
As a result, Stanley was constantly worried about preventing an asthma attack while getting used to the “new norm of mask wearing, all while being threatened with termination,” a complaint filed Jan. 18 says.
Now she’s suing United Airlines, accusing it of disability discrimination in violation of the Americans with Disabilities Act, the complaint shows. She previously filed a discrimination charge with the U.S. Equal Employment Opportunity Commission, which granted her the right to sue in October.
United Airlines declined a request for comment from McClatchy News. McClatchy News contacted Stanley’s attorney for comment on Feb. 6 and didn’t immediately receive a response.
Stanley ultimately agreed to separation terms offered by United Airlines, allowing her to retire, because of “the toxic work environment resulting from (United Airlines’) Mask Policy with no (disability) accommodation on file and the very real threat of termination for removing her mask to use her rescue inhaler,” the lawsuit says.
Now she wants to be reinstated as a flight attendant, the complaint shows.
More on the case
Stanley started working as a flight attendant for United Airlines in 2018 after having worked for Continental Airlines since 1994, according to the complaint. Continental Airlines merged with United Airlines in 2012.
In July 2020, several months after the spread of COVID-19 was declared a pandemic, Stanley began the disability accommodation process, the complaint says. Her doctor sent United Airlines an ADA form saying she’s medically diagnosed with asthma in September.
During her final months as a flight attendant, masks were not federally mandated but were enforced by United Airlines as the company followed Centers for Disease Control and Prevention guidance, according to the complaint.
At the time, the company’s mask policy made it “very clear” that a flight attendant would be fired for removing a mask if they didn’t have an approved accommodation, according to the complaint.
This mask policy was ultimately updated after Stanley’s retirement to allow employees to remove masks to take medication, the lawsuit argues.
Despite Stanley’s attempts over several months to be accommodated for her asthma, United Airlines is accused of not allowing her the opportunity to speak with the company’s ADA specialists, the complaint says.
Instead, she only communicated with United Airlines through emails and phone messages as she asked “that someone, please contact her,” according to the complaint.
A co-worker reports Stanley for a mask violation, the lawsuit says
Stanley says United Airlines crew members, including other flight attendants, took it upon themselves to enforce the mask policy, which resulted in a toxic environment.
On one occasion, a co-worker reported Stanley when they saw her taking down her mask as cleaning fumes caused her asthma to flare up, according to the complaint. During this incident, Stanley removed her mask before boarding began while standing on the jetway, the complaint says.
That report exacerbated her fears of getting fired for not wearing a mask, according to the complaint.
“Up until the end of October 2020, (Stanley) was flying and making it work as best she could without an accommodation in place, fearfully mindful of Defendant’s mask policy, and constantly worried about being reported for not wearing a mask by fellow employees,” the complaint says.
Ultimately, stress caused Stanley to cave in to a voluntary separation package offered by United Airlines at the end of January 2021, according to the complaint. She agreed to it on Feb. 15, allowing her to get paid for 18 months, without her accommodation request being approved.
If she knew “United would NOT terminate her for not wearing a mask, or even called her in for a discussion on the manner, she wouldn’t have stressed and gone through the headache of trying to get an accommodation. More importantly, she would still be flying with” United Airlines, the complaint says.
With her lawsuit, which also accuses the company of violating the Florida Civil Rights Act, she is seeking back pay and benefits, front pay, damages for emotional suffering and punitive damages.
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