Judge Jerry E. Smith, of the U.S. Court of Appeals for the Fifth Circuit, speaking during a panel discussion at the Federalist Society’s 2018 National Lawyers Convention, held at The Mayflower Hotel in Washington, D.C., on Nov. 16, 2018. Photo: Diego M. Radzinschi/ALM
A judge on the U.S. Court of Appeals for the Fifth Circuit had sharp words for his colleagues Thursday after they denied en banc review of a case challenging United Airlines’ COVID-19 vaccine mandate.
A panel in February ordered that a lower court reconsider its denial of an injunction sought by the airline’s employees to halt the company’s vaccine policy, which has since been lifted by the company. On Thursday, the full court voted 13-4 not to rehear the case brought by two airline workers, who argued the policy violated Title VII of the Civil Rights Act because it only offered indefinite unpaid leave for workers granted exemptions for medical or religious reasons.
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