Fri, Sep 02, 2011
Attorney Says He Was "Relieved of Duty for Refusing to Endanger
Lives in Severe Weather"
An
Atlantic Southeast Airlines pilot has filed a lawsuit against
codeshare partner Continental Express claiming retaliation against
him and ruin of his professional reputation. The suit claims the
pilot was targeted because he took precautionary action during
severe weather conditions, costing the company money. In the filing
the pilot alleges the airline used his pursuit of treatment for
depression during a divorce years before as reasoning for grounding
him.
Atlantic Southeast Airlines grounded Captain Michael Hirsch,
citing a "psychological" condition after Hirsch refused to
jeopardize passenger and crew safety on a flight from Houston to
Milwaukee. Hirsch claimed extreme snow and ice conditions caused
several weather delays.
"The company illegally began a pattern of discrimination and
retaliation against Captain Hirsch, although he was performing all
the essential functions of his job without restriction," Hirsch's
attorneys said in a news release. "The fact that a company can
attack an employee who sought help through an employee assistance
program, which it provides, jeopardizes the rights of employees
everywhere in every industry. No amount of bottom-line profit is
worth endangering innocent passengers or trampling rights covered
under law."
According to employee law, employers cannot discriminate based
on disability in hiring, firing, training, or matters regarding
compensation or the terms, conditions or privileges or
employment.
The law firm representing Hirsch said he is aware of other
employees discriminated against and wants to return to piloting
with a clean record. "Captain Hirsch wants Atlantic Southeast to
admit that it falsely accused Captain Hirsch of being mentally
unstable to fly and to remove all documentation that prevents him
from making a living in a job which he is honorably committed," the
news release continued
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