This case was last updated from PACER on 09/23/2021 at 05:30:57 (UTC).

Sambrano et al v. United Airlines, Inc.

Case Summary

On September 21, 2021, David Sambrano, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonos, Genise Kincannon, and Seth Turnbough (collectively, “Plaintiffs”), individually and on behalf of others similarly situated, represented by Annika M. Boone, Brian J. Field, Gene C. Schaerr, Kenneth A. Klukowski, and Mark R. Paoletta of Schaerr | Jaffe LLP, John Clay Sullivan of Morgan, Lewis & Bockius LLP, Melissa J. Swindle and Robert C. Wiegand of Stewart Wiegand & Owens PC, filed an employment lawsuit against United Airlines, Inc., (“United” or “Defendant”), seeking declaratory relief and damages among other relief for the alleged discriminatory actions of Defendant. This case was filed in the United States District Court in the Northern District of Texas with Judge Mark Pittman presiding. 

 

In the complaint, Plaintiffs alleged that, “United refused to engage in the interactive process with Plaintiffs regarding their religious accommodation requests and instead only responded to Plaintiffs with questions designed to deter Plaintiffs from exercising their religious beliefs.”

 

Plaintiffs further alleged that, “United’s response to Plaintiffs’ protected activity with a draconian threat of years of unpaid leave is an adverse employment action intended to force employees to forgo their religious beliefs and receive the COVID-19 vaccine. When its improper questioning of the employees’ religious beliefs failed, United chose to retaliate by giving the employees the false choice between vaccination and effective termination.”

 

Plaintiffs also alleged that, “By failing to engage in the interactive process or offer any reasonable accommodation, United’s discriminatory actions were intentional and/or reckless, and in violation of the ADA. United’s response to Plaintiffs’ protected activity with a draconian threat of years of unpaid leave is an adverse employment action intended to force employees to forgo their medical reasons for not receiving the COVID-19 vaccine.”

 

There are four claims of relief laid down by the Plaintiffs on behalf of Plaintiffs and others similarly situated. The first claim is for alleged violation of Title VII, 42 U.S.C. § 2000e, et seq. religious discrimination—failure to accommodate.  The second claim for relief is for alleged violation of Title VII, 42 U.S.C. § 2000e, et seq. religious discrimination—retaliation. The third claim is for alleged violation of the ADA, 42 U.S.C. § 12101, et seq. disability discrimination—failure to accommodate. The fourth claim for relief deals with the alleged violation of the ADA, 42 U.S.C. § 12101, et seq. disability discrimination—retaliation.

 

In its prayer for relief, Plaintiffs requested the court to certify this action as a class action and certify at least three subclasses as employees who have sought either a religious or medical accommodation and previously recovered from COVID-19 and possess antibodies against COVID-19; employees who sought religious accommodations and lack COVID-19 antibodies; and employees who sought medical accommodations and lack COVID-19 antibodies. Plaintiffs also requested the court to declare that United has violated Title VII and the ADA and issue a temporary restraining order and/or preliminary injunction followed by permanent injunction. Plaintiffs further requested the court for monetary damages including back pay, reinstatement or front pay, pre-judgment and post-judgment interest, punitive damages, and compensatory damages along with attorneys’ fees and costs or any other relief that the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-01074

  • Filing Date:

    09/21/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Discrimination

Judge Details

Presiding Judge

Mark Pittman

 

Party Details

Plaintiffs

David Sambrano

David Castillo

Kimberly Hamilton

Debra Jennefer Thal Jonas

Genise Kincannon

Seth Turnbough

Defendant

United Airlines, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

John Clay Sullivan

Attorney at Morgan, Lewis & Bockius LLP

1717 Main St, Suite 3200

Dallas, TX 75201

Annika M Boone

Attorney at Schaerr Jaffe LLP

1717 K St Nw, Suite 900

Washington, DC 20006

Brian J Field

Attorney at Schaerr | Jaffe LLP

1717 K Street Nw, Suite 900

Washington, DC 985577

Gene C Schaerr

Attorney at Schaerr | Jaffe LLP

1717 K Street Nw, Suite 900

Washington, DC 20006

Kenneth A Klukowski

Attorney at Schaerr | Jaffe LLP

1717 K Street Nw, Suite 900

Washington, DC 20006

Mark R Paoletta

Attorney at Schaerr | Jaffe LLP

1717 K Street Nw, Suite 900

Washington, DC 20006

Melissa J Swindle

Attorney at Stewart Wiegand & Owens PC

325 North St. Paul, Suite 3750

Dallas, TX 75201

Robert C Wiegand

Attorney at Stewart Wiegand & Owens, PC

325 North St. Paul Street, Suite 4150

Dallas, TX 752013861

 

Court Documents

#4

(#4) Summons Issued as to United Airlines, Inc. (pef) (Entered: 09/21/2021)

#3

(#3) New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef) (Entered: 09/21/2021)

#2

(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, David Castillo, Seth Turnbough. (Wiegand, Robert) Modified docket text on 9/21/2021 (pef). (Entered: 09/21/2021)

1 #1

Cover Sheet

#1

(#1) COMPLAINT WITH JURY DEMAND against All Plaintiffs filed by David Sambrano, Debra Jennefer Thal Jonas, Seth Turnbough, Genise Kincannon, David Castillo, Kimberly Hamilton. (Filing fee $402; Receipt number 0539-12237815) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Wiegand, Robert) Modified docket text on 9/21/2021 (pef). (Entered: 09/21/2021)

 

Docket Entries

  • 09/21/2021
  • View Court Documents
  • Docket(#4) Summons Issued as to United Airlines, Inc. (pef) (Entered: 09/21/2021)

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  • 09/21/2021
  • View Court Documents
  • Docket(#3) New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef) (Entered: 09/21/2021)

    Read MoreRead Less
  • 09/21/2021
  • View Court Documents
  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, David Castillo, Seth Turnbough. (Wiegand, Robert) Modified docket text on 9/21/2021 (pef). (Entered: 09/21/2021)

    Read MoreRead Less
  • 09/21/2021
  • View Court Documents
  • Docket(#1) COMPLAINT WITH JURY DEMAND against All Plaintiffs filed by David Sambrano, Debra Jennefer Thal Jonas, Seth Turnbough, Genise Kincannon, David Castillo, Kimberly Hamilton. (Filing fee $402; Receipt number 0539-12237815) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Wiegand, Robert) Modified docket text on 9/21/2021 (pef). (Entered: 09/21/2021)

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