United Airlines Overtime Policy ADA Settlement

Posted by on Feb 13, 2014

EEOC v. United Airlines (settlement agreement entered 2009)

United Airlines agreed to settle a federal lawsuit brought by the Commission alleging that the Chicago-based company’s overtime policy violated the ADA.

The suit arose from a charge filed by Samuel Chetcuti, a storekeeper working for United at the San Francisco International Airport. The Commission’s suit asserted that United’s policy of denying the opportunity to work overtime to anyone placed on light or limited duty had greater repercussions for employees with disabilities, since these workers were more likely to be assigned to light duty. For example, Chetcuti, who has epilepsy, was under medical restrictions that prevented him from operating heavy machinery and working at heights, but did not restrict the number of hours a week he could work. Chetcuti was given light duty for his regular work schedule, and as a result, United had barred him from an overtime schedule despite the fact that he was medically cleared to work overtime.

Under the settlement, United agreed to pay $850,000 to a class of current and former employees with disabilities who were denied employment opportunities at San Francisco International Airport due to this policy. United also agreed not to reinstate the policy, which it had stopped using at the time of the consent decree.