Adam McLean v. Delta Air Lines, Inc.

── Adam McLean v. Delta Air Lines, Inc. ── Court: Court of Appeals for the Eleventh Circuit Date: April 22, 2026 Category: NEW USCA11 Case: 24-11946 Document: 48-1 Date Filed: 04/22/2026 Page: 1 of 18 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-11946 ____________________ JEREMY SORENSON, et al., an individual, Plaintiffs, ADAM MCLEAN, an individual, JAMES DOYLE, an individual, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, versus DELTA AIR LINES, INC., a Delaware Corporation, Defendant- Appellee. USCA11 Case: 24-11946 Document: 48-1 Date Filed: 04/22/2026 Page: 2 of 18 2 Opinion of the Court 24-11946 ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:17-cv-00541-ELR ____________________ Before WILLIAM PRYOR, Chief Judge, and LUCK and BRASHER, Cir- cuit Judges. LUCK, Circuit Judge: This appeal involves a dispute between an airline and two of its former pilots. Adam McLean and James Doyle worked for Delta Air Lines for nearly a decade. At the same time, they also served in the United States Air Force Reserve. The former pilots sued Delta alleging that the airline pushed them out because of their mil- itary service obligations, in violation of the Uniformed Services Employment and Reemployment Rights Act. They also claimed that Delta’s pension-contribution and vacation-time-accrual bene- fit programs violated the Act. The district court sided with Delta and granted summary judgment for the airline on all three claims. This is McLean’s and Doyle’s appeal. After careful review, and with the benefit of oral argument, we affirm. FACTUAL BACKGROUND Delta’s Leave Benefits and Policies As part of their collective bargaining agreement, Delta’s pi- lots receive a package of benefits. Four benefits in that package are relevant to this appeal. USCA11 Case: 24-11946 Document: 48-1 Date Filed: 04/22/2026 Page: 3 of 18 24-11946 Opinion of the Court 3 First, Delta provides military leave to pilots who have mili- tary service obligations. When a pilot informs Delta that he has military duty, the company notes the military leave on the pilot’s schedule and marks him as unavailable for work during the leave period. The “pilot performing military duty (on orders . . . or any other duty that is paid by the state or the U.S. government) is inel- igible to perform Delta duties in any capacity (except while on mil- itary terminal leave).” The prohibition against working for Delta while on military orders is called the concurrent duty policy. Second, Delta offers paid sick leave for pilots who are unable to fly for medical reasons. “Delta pilots are entitled to use sick leave only when a personal medical condition, physical or mental, disables the pilot from performing duties as a flight crewmember.” Third, Delta’s compensation includes pension contributions for its pilots, even when they are on milita