In a sharply divided decision, a federal appeals court has turned down a former Delta Air Lines flight attendant’s attempt to hold the airline responsible after she claimed a co-pilot drugged and sexually assaulted her during a layover in Dallas in 2018.
The 1st U.S. Circuit Court of Appeals, based in Boston, ruled 2-1 in favor of Delta, prompting a passionate dissent from one judge who criticized the majority for what she described as “victim-shaming” in their ruling against the woman. The plaintiff’s attorney, Eric LeBlanc, indicated that she was considering her next steps, while Delta’s legal representative, Lisa Burton, declined to comment.
The incident dates back to August 4, 2018, when the flight attendant reported to work after a night out with several co-workers, including the co-pilot she later accused. After failing a breathalyzer test, she was suspended and admitted to a rehab treatment center. She later alleged that the co-pilot had assaulted her, claiming she had no memory of him being in her room, but suspected foul play when bruises appeared on her body.
Delta conducted an internal investigation, during which the co-pilot admitted to some consensual sexual acts but denied intercourse. Delta deemed his account credible and took no further action against him. The woman later completed a sexual assault kit and reported her concerns to her supervisor, leading to a police investigation that ultimately found insufficient evidence to pursue charges.
In her lawsuit, the flight attendant argued that Delta’s investigation was inadequate, violating Title VII of the Civil Rights Act of 1964 and Massachusetts state law. However, U.S. Circuit Judge Sandra Lynch, writing for the majority, concluded that Delta’s investigation was reasonable and that the airline’s decision to believe the co-pilot was justified.
Dissenting, U.S. Circuit Judge O. Rogeriee Thompson contended that the co-pilot’s inconsistent testimony and the evidence from the woman’s hospital exam, which suggested possible strangulation, should have been enough to let a jury decide the case. “She deserves the chance to have her story heard at trial,” Thompson wrote.
The case, Caruso v. Delta Air Lines, continues to draw attention as the flight attendant considers her legal options.
