TSA Employee Files a Class Action Against the Federal Government for Hazard Pay During Pandemic
On November 30, a Transportation Security Administration employee filed a class-action lawsuit against the U.S. federal government. The lawsuit alleges that the government has deprived TSA workers of required hazard pay and environmental discharge pay for work done at airports during the pandemic.
The TSA employee who filed the lawsuit on behalf of herself and other TSA employees, Marion Higgins, cites the Code of Federal Regulations, specifically Appendix A to subpart I of Part 550 of Title 5 and Appendix A to subpart E of Part 532, as grounds for the lawsuit.
According to Higgins and her attorney, Michael Morrison, employees have not been given the 25% pay boost that is given to government workers under federal law who are exposed to "virulent biologicals."
Under federal law, virulent biologicals are classified as "materials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection." With the current coronavirus models showing 266,936 deaths in the U.S. and over 13,300,000 positive confirmed cases, one could understand how the coronavirus can be classified as a virulent biological.
Higgins also refers to the 4% or 8% environmental discharge pay increase for exposure to dangerous microorganisms such as COVID-19. This pay increase happens in events when there is exposure to hazardous microorganisms, and personal protective equipment cannot "practically eliminate the potential for personal injury."
TSA Employee Cites Unsafe Work Conditions
Higgins shares in a statement, "TSA employees are forced to work every day without appropriate protective equipment being provided and other safeguards being taken to reduce their exposure to COVID-19. And as evident from the number of deaths so far, the risk is not hypothetical. It is very real."
Higgins is referring to the nine TSA employees who have died through November 17. In the lawsuit, Higgins also refers to a USA Today news article that reported at least 2,885 TSA employees have tested positive for the virus.
Increased Air Travel Yields Heightened Safety Risk
This issue of safety at the airport for TSA employees is compounded by travelers who are either choosing not to comply with social distancing and mask measures or are simply tired of doing so. At the start of the pandemic, air travel dropped significantly, with many airlines seeing historic lows in passenger bookings. This past Thanksgiving holiday was a testament to how Americans have waned in their once apprehensive stance on the virus.
Although air travel during the Thanksgiving holiday dropped by about 60% when compared to 2019, it was a record day of air travel since the start of the pandemic, with about one million passengers traveling through airports every day between Friday and Wednesday the week before Thanksgiving.
Higgins and her representing attorney have filed the lawsuit on behalf of TSA employees who have had to work in close contact with passengers, including during the security screening process when employees are unable to maintain six feet distance. The lawsuit includes TSA employees who have been on the job since January when cases of the virus first started being reported in the U.S.
The lawsuit also addresses insufficient precautionary measures that were put into place for TSA agents. According to Higgins, "Even if the TSA had provided sufficient precautionary measures to ensure complete protection from COVID-19 — and it did not — there are no safety precautions that would result in reducing exposure to COVID-19 to a less than significant level of risk."
