Justia Aviation Opinion Summaries

Petitioner sought review of the TSA's Mask Directives, issued in response to the ongoing COVID-19 pandemic, claiming that the TSA has no authority to issue the directives. Petitioner argued that TSA's authority under the Aviation and Transportation Security Act does not empower TSA to require face masks to prevent the spread of COVID-19.The DC Circuit found no merit in petitioner's claim and denied the petition for review. The court concluded that the COVID-19 global pandemic poses one of the greatest threats to the operational viability of the transportation system and the lives of those on it seen in decades. TSA, which is tasked with maintaining transportation safety and security, plainly has the authority to address such threats under both sections 114(f) and (g) of the Aviation and Transportation Security Act. The court stated that the Mask Directives are reasonable and permissible regulations adopted by TSA to promote safety and security in the transportation system against threats posed by COVID-19. The Mask Directives are not ultra vires, and the court deferred to the agency's interpretation of the Act. View "Corbett v. Transportation Security Administration" on Justia Law

In 2003, the airline established guidelines that address accommodating employees who, because of disability, can no longer do essential functions of their current jobs, even with reasonable accommodation. The guidelines specify that the transfer process is competitive, so that an employee in need of accommodation will not be automatically placed into a vacant position, but will be given preference over similarly qualified applicants. The EEOC challenged the policy under the Americans with Disabilities Act, 42 U.S.C. 12101. The district court ruled in favor of the airline. On rehearing, en banc, the Seventh Circuit reversed and held that the ADA does mandate that an employer appoint employees with disabilities to vacant positions for which they are qualified, provided that such accommodations would be ordinarily reasonable and would not present an undue hardship to that employer. The court concluded that contrary precedent did not survive in light of U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002). View "Equal Emp't Opportunity Comm'n v. United Airlines, Inc." on Justia Law