United Airlines CEO, Scott Kirby, made a statement this week suggesting that he would like to require vaccinations for all employees. Here’s why I doubt United will actually accomplish that.
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What CEO Scott Kirby Said
This week, United Airlines CEO, Scott Kirby, stated that he would like the airline to adopt required vaccinations for staff. He was clear in both calling out other CEOs for not instituting a policy and then described how United would be one of the first to follow others if they did so.
“A United spokeswoman confirmed that the company was “strongly considering” making vaccines compulsory, though it isn’t a policy yet.
“I think the right thing to do is for United Airlines, and for other companies, to require the vaccines and to make them mandatory,” Kirby said.
“If others go along and are willing to start to mandate vaccines, you should probably expect United to be amongst the first wave of companies that do it.” – NBC News
Kirby had some additional context to his comments,
“The worst thing that I believe I will ever do in my career is the letters that I have written to the surviving family members of coworkers that we have lost to the coronavirus,” CEO Scott Kirby said at an employee town hall Thursday, a transcript of which was reviewed by CNBC. “And so, for me, because I have confidence in the safety of the vaccine – and I recognize it’s controversial – I think the right thing to do is for United Airlines, and for other companies, to require the vaccines and to make them mandatory.” – TravelPulse
Legal Issues
The NBC article above went on to include this precarious statement: “Private U.S. companies can require employees to get vaccinated against Covid-19 but are unlikely to do so because of the risks of legal and cultural backlash, experts have said.”
There is a legal precedent for requiring vaccination with a subset of exemptions. If an exemption is requested, a business has the right to qualify that exemption, and the employee may have to demonstrate their objection on the basis of religion or closely held belief.
“An employee with a religious objection or a disability may need to be excused from the mandate or otherwise accommodated,” noted John Lomax, an attorney with Snell & Wilmer in Phoenix. “Additionally, if an objecting employee is a union-represented employee, the employer may need to bargain and reach an agreement with the union before mandating vaccines.” –SHRM
But for employers to require vaccinations except in the case of religious exemption and closely held beliefs, means that those employers will either accept any exemption, or they will question the person’s motives. The employee may feel persecuted, and in the court of public opinion, an employer that doubts their employee’s motive based on religion or personal beliefs will not be well received.
Some communities have resisted vaccination generally on religious and cultural grounds.
It is also possible that United would impose it on new employees but not existing as adding a condition of hire is more difficult than accepting one when taking a position. Mr. Kirby would have a substantial legal fight on his hands if he required employees to be vaccinated in order to maintain their jobs.
Requiring new airline employees to be vaccinated while existing employees are not, would open the door to a host of additional legal questions – and lawsuits. The flight attendants and pilot unions would likely also weigh-in which could then put those worker groups into legal jeopardy too regardless of whether they go along, or fight the airline on the new policy.
Some have legitimate reasons to want to avoid the COVID-19 vaccine. The CDC has advised against the vaccine for those with allergies, as some deaths have resulted due to allergy complications with the vaccine. Others have low confidence in the safety of the vaccine due to limited testing including essential workers like a surprisingly high number of health care workers. Some hospitals struggle with staff compliance with the flu vaccination as a condition of employment.
Some may not need the vaccine so long as they have functional antibodies. We don’t know, at this time, how long resistance to the virus remains in place. However, the more research that is conducted, the longer the antibodies appear to remain active and effective. How would United Airlines implement a policy that requires a vaccine for a person that doesn’t need it at the time?
Posturing/Virtual Signalling or Genuine?
It’s easy to suggest that everyone should be vaccinated. It sends a clear message of support to newly inaugurated President Joe Biden, as Kirby has been wont to do. His predecessor was also happy to support President Trump too, not necessarily because of his political beliefs but because it’s easier to pledge support to the commander-in-chief than have them as an enemy.
So why say it? Does he just want the world to know where he stands on the issue? Is this posturing and virtue signaling without the consequence of following through? United employee vaccinations are something he can explore, but why call upon other businesses to move first?
In Mr. Kirby’s defense, his sentiments appear to be genuine. But they are also telling. He wants everyone in the industry to require workers to become vaccinated, but he also benefits if they do. If all the other carriers require it, it will be easier for United to defend themselves, allied with its peers. It will also remove legal risk (somewhat) if United is doing what the others are.
He benefits from taking the moral high ground, while not taking action to affect the outcome unless others do it first, it’s a no-lose position but still doesn’t make it any likelier that United itself will make the move.
Conclusion
This feels weak to me. Kirby is outright saying that he wants others to be bold and do something about the problem he feels they all face, but it’s not going to be him who steps up first. It doesn’t feel dissimilar from someone calling out a bully with “Why isn’t anyone doing anything about this” but remaining unwilling to step forth himself and throw the first punch.
United Airlines is my preferred carrier. I like the airline. But this is worse than not having the spine to do something, it’s acting like others are the reason you haven’t. He hasn’t made the vaccine mandatory for employees, because he knows he likely can’t enact it without embroiling the company in costly legal concerns, but he is fine to call out other CEOs for their own inaction.
What do you think? Will United force employees to receive the COVID-19 vaccine? Can other American airlines enact this policy? Should they?
As far as I’m aware there have been no vaccine related deaths as a result of allergic reaction to it (at least in the US), although there have been some non fatal reactions. Could you cite your source for the multiple deaths?
The CDC directive as stated in the article is linked in the post. Here it is for convenience: https://bit.ly/3qHnXg8
There’s also these 33 in Norway and others in Europe: http://bloom.bg/3sQT0Iv
Then there are more ambiguous cases like Hank Aaron who died two weeks after taking the vaccine but without other mitigating factors, and no anaphalaxis. http://bitly.com/39dAK4k
Thanks. The first link I think just said there were allergic reactions to the drugs but not deaths caused by allergic reactions. The second said there were 33 deaths but then goes on to say that it was in line with the expected mortality for the group, and then briefly as a tangent mentions allergic reactions.
Whilst I agree some people have had allergic reactions and some hospitalisation, I don’t think there have been any deaths.
I don’t want to nitpick but given all things swirling on social media, I don’t think it’s right to say there have been deaths due to allergic reactions. Allergic reactions yes, deaths of people who have had the vaccine but probably (but not conclusively) natural causes, but as of yet I don’t think there have been deaths due to allergic reactions
Exactly Paul.
The goal of the anti-vaxxers is to take legitimate individual exemptions or rare allergic reactions and to magnify them amongst the tens of millions of safe vaccinations.
They do so by dropping these ambiguous suggestions…seriously because Hank Aaron was 86 years old and got the vaccine 2 weeks ago…then what? Utterly irresponsible.
@Pete – That seems like a bit of a double standard. The average comorbidities of COVID-19 patients in the US have been historically 2.1 with an average age of more than 70 years.
If COVID-19 killed those people despite old age and other mitigating factors, then didn’t the vaccine kill people with the same conditions? Why would it be different?
I read it the same. Not sure if author misunderstood
Paul – Thanks for the engagement, I love the exchange of ideas. Norway temporarily halted distribution of the vaccine as a result to some groups, so I think they may be a little more persuaded than the US that there was a direct correlation. “We cannot rule out that adverse reactions to the vaccine occurring within the first days following vaccination (such as fever and nausea) may contribute to more serious course and fatal outcome in patients with severe underlying disease,” the statement added. http://cnn.it/2KIHkpR
Thanks for sending sources. I still do not Think it is correct for you to say there have been deaths linked to allergic reactions (and I think a few other comments agree). Norway has acted out abundance of caution (see quote from your source below). I just think everyone needs to be very careful with their words around covid.
“We do not yet know, but it would seem that the observed numbers of deaths is not notably above the numbers expected,” he said, adding that there was “no need for anxiety, but complacency is equally mistaken.”
Excluding that one line out of the post – don’t you think this is still a move too far for United? Do you find it odd that Kirby would call on others to act but won’t do so himself?
So far 20 million doses of vaccine have been given in the U.S. With that shear number, some people are going to die within 2-3 weeks. Even Joe Biden is at risk to dying. If he is re-elected, he has a 40% chance of dying based on his age. If Bernie Sanders challenges Biden and wins the nomination and election then wins re-election, his chance of dying in office is well over 50%.
In theory, on or about 0.12% will be in line, based on a US (CDC and others) 2005 to 2008 study.
“ Among 13,033,274 vaccinated people, 15,455 deaths occurred between 0 and 60 days following vaccination. The mortality rate within 60 days of a vaccination visit was 442.5 deaths per 100,000 person-years. Rates were highest in the group aged ≥85 years, and increased from the 0–1-day to the 0–60-day interval following vaccination. ”
https://www.sciencedirect.com/science/article/abs/pii/S0749379713002250
I think they will “require it” and give employees an easy personal morality objection out to be exempt. It gives them cover to go to the public to stay it is required while letting employees who don’t believe in science to go their own way. I hope they give folks who were vaccinated a little sticker or something on their badge so other employees can easily spot their cooky coworkers.
Marking people who differed from the consensus has always ended well so… sure, why not?
Your first source mentions 6 people had severe reactions but doesn’t say anything about multiple deaths. Your source for Norway says the World Health Organization found no evidence of a connection to the vaccine and the deaths. Perhaps I’m missing something?
Anaphylaxis does not happen after 2 weeks. It’s fairly rapid.
I believe that employers can require vaccination in employees but I don’t think that applies to Covid-19 vaccines. This is because no vaccine is yet FDA approved and won’t be for a few years, if ever. The current vaccines are only allowed under emergency authorization. Forcing vaccines that are not FDA approved is on shaky legal grounds. Still, a FA is smart to get vaccinated because they cannot work from home. They are in contact with at least 100-200 people per day.
No one should be forced to take the vaccine. However after everyone that wants to be vaccinated is, we should routinely spray covid laced mists on people at airports. The unvaccinated and weak will die off
What we as a society cannot have are stupid and weak people. They is not a useful combination for the society.
United would be foolish to push this issue in my opinion. As part of my job as a risk manager, I have to deal with this issue. The concerns are far reaching but mainly pivot on ADA and EEOC concerns. So United could require it but then must be prepared to exclude people from that requirement or face legal concerns and costs. The EEOC for example has issues some general opinion around this issue already: “Employers should conduct an individualized assessment of four factors in determining whether a direct threat exists: the duration of the risk; the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm. A conclusion that there is a direct threat would include a determination that an unvaccinated individual will expose others to the virus at the worksite. If an employer determines that an individual who cannot be vaccinated due to disability poses a direct threat at the worksite, the employer cannot exclude the employee from the workplace—or take any other action—unless there is no way to provide a reasonable accommodation (absent undue hardship) that would eliminate or reduce this risk so the unvaccinated employee does not pose a direct threat.
If there is a direct threat that cannot be reduced to an acceptable level, the employer can exclude the employee from physically entering the workplace, but this does not mean the employer may automatically terminate the worker. Employers will need to determine if any other rights apply under the EEO laws or other federal, state, and local authorities. For example, if an employer excludes an employee based on an inability to accommodate a request to be exempt from a vaccination requirement, the employee may be entitled to accommodations such as performing the current position remotely.”
Some are focusing on the exemptions or vaccine reactions but the majority of the post was along the lines of your response. It’s pretty murky water that United would wade into.
I hope you’re right and vaccines won’t be mandatory, but I suspect they will be required. My doctor has recommended I not get the vaccine because of some health issues so I am preparing to lose my job at United in the near future. I had always planned to retire early, but this is about a decade earlier than I’d estimated.
https://childrenshealthdefense.org/defender/johns-hopkins-scientist-medical-certainty-pfizer-vaccine-caused-death-florida-doctor
Dr. Jerry L. Spivak, an expert on blood disorders at Johns Hopkins University, told the New York Times Tuesday that he believes “it is a medical certainty” that Pfizer’s COVID vaccine caused the death of Dr. Gregory Michael.
I would just like to point out that this cited article (Children’s Health Defense) is from a well known anti-vax lobbyist group that is routinely accused of putting forth misinformation and anti-vaccine propaganda.
I wasn’t aware of this.
Kind of like all the people talking about “saving the children”…are basically Q Anon freaks
So glad Kirby left AA.
“He benefits from taking the moral high ground, while not taking action …”
Question for you, Kyle: how can he benefit from taking a moral stance without having taken the action to back it up? As evidence that this does not make sense, I offer this very blog post. I think most people will see this exactly as you have. And I believe that Kirby will receive no benefit from this communication.
As someone who is 100% behind the science of vaccination, I find it bizarre that we in this country even have to have this conversation …
https://www.nbc4i.com/community/health/coronavirus/investigation-underway-after-man-died-hours-after-getting-covid-19-vaccine/
329 Deaths + 9,516 Other Injuries Reported Following COVID Vaccine, Latest CDC Data Show
https://childrenshealthdefense.org/defender/329-deaths-9516-other-injuries-reported-following-covid-vaccine-cdc/