Andrew Risk v. United Airlines, Inc.
Opinion
Trial Court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
According to Plaintiff’s Complaint, since September 2007 until his termination in December 2021, Plaintiff was employed as a pilot by United. In August 2021, Plaintiff contracted COVID-19 and suffered from symptoms such as loss of taste, loss of smell, and difficulty breathing. Complaint ¶ 14a. Upon learning of his diagnosis, Plaintiff informed the chief pilot’s office and he was removed from all scheduled flights. Id. Plaintiff alleges that the Airmen Medical Examiner placed Plaintiff on a leave of absence pending medical clearance and informed Plaintiff that he could not obtain the COVID-19 vaccination at that time because it would place him at risk of severe harm. Complaint ¶ 14b. Following this evaluation, on or about September 28, 2021, Plaintiff alleges that he sent an email to United’s LAX Base Chief Pilot, Defendant Jackson, informing Jackson that he was not vaccinated because doing so in his present condition could detrimentally affect his health and that he needed Page 1 of Initials of Deputy Clerk sr Case 2:22-cv-09382-JFW-JC Document Filed 02/23/ Page 2 of Page ID #:576
to remain on a leave of…