Dive Brief:

• After a judge blocked American Airlines' requests for summary judgment Nov. 5, a jury will hear a former flight attendant's allegations that the airline punished her for reporting that she was sexually assaulted on a business trip by someone in the company's employment, Rob Miller, a trial attorney at Miller Bryant and the plaintiff's attorney, told HR Dive in an interview.
• The plaintiff filed an amended complaint against the airline in May 2021 (Goesling v. Sergeant and American Airlines, No. 342-314565-20 (Tarrant County, Texas, May 14, 2021)). In the complaint, she alleged that the airline asked her to travel to Germany and join a team planning the new menu for its European International Business Class menu. The team included a celebrity chef, who had a history of alcohol abuse and sexual misconduct. 
• On the last night of the trip, the chef broke into the plaintiff's room and sexually assaulted her, the plaintiff said. His assault followed a night of team dining and drinking, which the plaintiff departed early. After she left, members of American Airlines leadership provided the intoxicated chef the plaintiff's room number and "intentionally aided and abetted and conspired" in his assault, the plaintiff claimed.

Dive Insight:

The plaintiff reported the assault, expecting help from her employer of nearly 30 years. The company defied her expectations, she said in her complaint. "Instead, the company discouraged her from further reporting the incident, spent time interrogating and investigating her, and even punished her professionally for reporting the sexual assault," the complaint read.

In a comment about the plaintiff's accusations, American Airlines said it investigated the claims and severed its relationship with the chef. "American has an unwavering commitment to its team members and we're committed to providing a safe and comfortable environment for everyone who works at our airline," it said in a statement provided to HR Dive. "Because this matter involves ongoing litigation, we aren't able to comment further at this time."

Miller, the plaintiff's attorney, characterized American Airlines' response as upsetting to the plaintiff from the moment she made her report. "The first thing HR asked her when she reported the assault was, 'What were you wearing?'" Miller said. "How does an HR person in this century, who's supposed to be trained, how do they ask her that? What difference does that make? But that's the first thing the HR person asked."

The airline's response wasn't a unique incident, according to Miller. "Anytime someone brings forward a complaint of sexual harassment or assault, they immediately try to shut them down," he said. "They try to attack them, to silence them. Some of the threats are implied and some are expressed."

In a Dec. 15, 2021, open letter to American Airlines CEO Doug Parker, the plaintiff asked the executive to adhere to its own standards in dealing with claims of sexual assault. "Your own standards of business conduct says, 'If you learn of or suspect illegal or unethical conduct, or if you find yourself in a situation that just doesn't seem right, speak up,'" she wrote. "That sounds wonderful perhaps because someone in HR is a good writer. The problem is those words are utterly meaningless unless the airline is going to back them up with action. As I learned in my own case, that action never came."

Experts have long recommended employers take swift action to investigate alleged complaints. Investigations should be followed by remedial action that is proportional to the offense.