Hayward v. Mayorkas
3:24-cv-02480
N.D. Tex.Apr 24, 2025Background
- Plaintiff Erik K. Hayward, a Transportation Security Officer at DFW Airport, challenged his employer's COVID-19-related employment policies while proceeding pro se.
- Hayward refused to disclose his vaccination status and argued being regarded as unvaccinated led to discriminatory treatment, including having to wear different PPE and alleged harassment.
- Hayward claimed the agency viewed him as disabled, which affected promotional opportunities, but he did not apply for a promotion due to rumors of discrimination against unvaccinated employees.
- The EEOC rejected Hayward's discrimination charge for failure to state a claim, noting he never applied for the position at issue.
- Hayward also filed a whistleblower claim under the Civil Service Reform Act/Whistleblower Protection Act, which had not progressed past the Office of Special Counsel.
- Defendants moved to dismiss Hayward’s complaint for failure to state a claim under Rule 12(b)(6).
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether employment action violated the Rehabilitation Act/ADA | Agency regarded him as disabled due to perceived immune condition | Claim precluded by Aviation and Transportation Security Act (ATSA); not actionable | Barred by ATSA; no claim under Rehabilitation Act |
| Whether vaccination status is a "disability" or regarded as such | Agency perceived him as disabled because he wouldn’t disclose vaccination status | Vaccination status is not a disability under law | Vaccination status not a disability |
| Whether Hayward suffered an adverse employment action | He was denied access to a promotion due to discrimination | He never actually applied; no adverse action alleged | No adverse action; claim fails |
| Jurisdiction/propriety of WPA/CSRA claim in district court | OSC didn’t refer his claim, so court should hear it | Must exhaust with Merit Systems Protection Board before federal suit | Dismissed for lack of exhaustion |
Key Cases Cited
- Kaswatuka v. United States Dep’t of Homeland Sec., 7 F.4th 327 (5th Cir. 2021) (holding ATSA precludes security screeners from suing under discrimination statutes, like the Rehabilitation Act)
- Cannon v. Jacobs Field Servs. N. Am., Inc., 813 F.3d 586 (5th Cir. 2016) (elements of a disability discrimination claim)
- Haire v. Bd. of Sup’rs of Louisiana State Univ. Agric. & Mech. Coll., 719 F.3d 356 (5th Cir. 2013) (refusal to promote as an adverse employment action)