A class action lawsuit against Delta Air Lines has been cleared by a federal judge, which has been brought by current and former pilots who have alleged that the Atlanta-based airline discriminated against them for being service members by denying paid leave for short-term military deployments.
As described by Atlanta News First, the US District Judge named Sarah Geraghty from the Northern District of Georgia issued the order on Friday, August 7, and this will grant the plaintiffs’ motion for a class action against Delta. This ruling will allow the dispute to proceed to the long-running saga, which has been brought on by thousands of Delta pilots who have served in the US Armed Forces or reserves over the last two decades.
Class Action For Discrimination Against Service Members
Initially filed in 2021 by Patrick Haley, Randal Reep, and Benjamin Best, the three alleged that Delta had violated the Uniformed Services Employment and Reemployment Rights Act, which, according to the US Labor Department, is designed to protect civilian job rights, prevent employment discrimination, and should guarantee prompt reemployment for individuals who leave their civilian jobs to perform voluntary or involuntary military service.
While noted in the claim that 
Delta does provide fully paid leave for short-term civil and personal absences (which include the likes of bereavement leave, sick leave, or jury duty), those who are force members are required to take unpaid leave for short-term military service.
Governed by the Pilot Working Agreement (PWA), Delta pilots are protected through this collective bargaining agreement, which is negotiated with the pilots’ union. The terms under the PWA are that Delta should compensate pilots for several categories of short-term absences, but this excludes short-term military leave that is under 30 days.
Delta Argues The Calculation For Individual Damages Is Impractical
For the 
SkyTeam partner, it has opposed the class certification and continues to argue that the administrative complexity of calculating the individual damages for each pilot outlined in the lawsuit is impractical, and the judge has rejected this argument. Judge Geraghty ruled on the central legal question, which is whether Delta’s current uniform leave policy violates federal law.
If found to be a violation, this applies equally across the entire workforce, and the court has noted that the jury should evaluate the comparability of short-term military leave to other paid leaves using basic common evidence, including the purposes, employee control, and average duration on various types of leave.
The case now moves forward towards a trial, or out-of-court settlement proceedings. There is no specific upcoming trial date or final court date that has been formally set as yet. Scheduling orders or upcoming hearings for a trial date, if necessary, will be set through the official court docket. This ruling does not mean Delta is guilty; it means that the pilots can pursue claims collectively, expanding the potential scope of the lawsuit, and any back pay.
More Than 18,000 Pilots Work For Delta
Delta is one of the United States big three airlines, and the carrier employs close to 18,000 active pilots. The Air Line Pilots Association ( ALPA) suggests the number is 17,281, and the pilots of Delta have been supported by the union since 1934. Delta operates more than 5,000 daily Delta and Delta Connection flights to around 300 destinations worldwide.
Headquartered in Atlanta, the airline is the largest at 
Hartsfield-Jackson Atlanta International Airport (ATL) by total passenger numbers and total departures. The airline is one of the oldest still operating commercial airlines, and commenced operations in 1929. It remains a founding member of the world’s second-largest airline alliance, SkyTeam. Details below on how Delta dominates operations at Atlanta and the top four airlines:
Ranking | Airline | Number Of Passengers | Market Share |
|---|---|---|---|
1st | Delta Air Lines | 84.9 million | 79.98% |
2nd | Frontier Airlines | 6.7 million | 6.36% |
3rd | Southwest Airlines | 4.1 million | 3.88% |
4th | American Airlines | 2.6 million | 2.46% |
The court’s decision for Delta pilots now marks an important step for those who feel they have been unfairly denied pay, while continuing to fulfill their military obligations. At this time, the ruling does not determine whether Delta has violated federal law, but permits the pilots to pursue claims together, and this could result in financial implications for Delta. The case will now move forward with an outcome likely to shape how military leave should be treated in the future for Delta pilots and others who serve in the US Armed Forces.
