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Do you remember when American Airlines employees sued their employer a few years ago, claiming their uniforms were making them sick? The clothing was allegedly causing headaches, respiratory issues, and skin rashes, among other symptoms. However, American Airlines recently won the lawsuit concerning the uniforms — at least in court. Because even though they technically won, they had already lost the battle in practice.
Toxic chemicals and a new uniform
Before diving into the lawsuit, let’s go back to 2016. That year, American Airlines launched new uniforms. Uniform supplier Twin Hill was responsible for outfitting 65,000 employees, delivering a total of 1.5 million garments. But complaints started pouring in soon after the launch. Around 5,000 flight attendants reported suffering from rashes, hives, blisters, migraines, shortness of breath, and even hair loss — all symptoms they attributed to the new uniforms.
Although Twin Hill claimed the fabrics were safe, American Airlines didn’t want to take any chances. Within a year, the airline phased out the uniforms. As a temporary solution, employees were allowed to wear their own clothes. They were also given the option to purchase outfits from Macy’s or JCPenney at the company’s expense.
In March 2020, American Airlines introduced a brand-new uniform, this time partnering with clothing manufacturer Lands’ End.
Lawsuits and compensation
Although American Airlines had offered both a temporary and long-term solution, it wasn’t enough for some employees. In 2017, four flight attendants filed a lawsuit against Twin Hill. They claimed their health issues were caused by formaldehyde, toluene, and other toxic chemicals embedded in the uniforms.
Researchers from the Harvard School of Public Health, who had previously investigated Alaska Airlines uniforms and cabin crew medical complaints, provided testimony. Their research showed that certain chemicals could indeed cause health problems.
In November 2023, a jury awarded Tracey Silver-Charan $320,000 in damages after she had to be rushed to the emergency room due to rashes, fainting, and breathing problems. Brenda Sabbatino received the highest settlement of $750,000, as her health issues forced her into early retirement. The other two flight attendants, who experienced milder symptoms, were awarded $10,000 and $5,000 respectively.
American Airlines wins lawsuit over harmful uniforms
This month, a second lawsuit took place, with a new group of flight attendants filing a claim. However, unlike the 2023 verdict, the employees did not win their case in the Illinois court. District Judge John Tharp Jr. stated that there was insufficient evidence to prove that the uniforms caused the health problems. He also expressed concerns about the role played by the Association of Professional Flight Attendants (APFA).
“Even if the uniforms were not defective and the degree of symptomatology was unremarkable, a new, easily accessible, and widely publicized reporting portal, combined with the union’s explicit encouragement to use it, could plausibly have inflated complaint rates,” the judge wrote.
“Union messaging could also have tainted the complaint data itself. When distributing online questionnaires, APFA told its members that the Twin Hill uniforms were suspected of causing widespread health issues. Hearing that, employees would be more likely to scrutinize their uniforms and blame them for any symptoms they might experience.”
End of the Case?
It’s striking how rulings can vary so much between different courts, even when concerning the same case. To avoid further lawsuits, Judge Tharp preemptively warned other potential claimants.
“Although this ruling only grants summary judgment to the defendants regarding the whistleblowers’ claims, its reasoning applies equally to all plaintiffs’ claims. Absent a global settlement of the entire case, the court expects to grant summary judgment to the non-moving plaintiffs under Fed. R. Civ. P. 56(f)(1).”
With this ruling, it seems an end is finally in sight for a case that has dragged on for eight years. Both the airline and the uniform manufacturer appear to have come out as winners. But in truth, there are no real winners here. The new uniforms have been worn since 2020, and this recent decision only adds more confusion, leaving the question unanswered: were the uniforms harmful or not?
If there are any updates, I will of course keep you posted.
Greetings,