I don't think that matters in this case. When (not if) this guy sues, United is going to pay a huge settlement (with a gag clause) to make this go away as quick

I don't think that matters in this case. When (not if) this guy sues, United is going to pay a huge settlement (with a gag clause) to make this go away as quickly as possible. They do not want this going to court with weeks of media attention, even if their case is ironclad.