EEOC Accuses United Airlines of Enabling Pilot's Sexual Harassment
"Employers have an obligation to take steps to stop sexual harassment in the workplace when they learn it is occurring through cyber-bullying via the internet and social media," an EEOC lawyer said in a statement.
August 09, 2018 at 04:10 PM
4 minute read
Updated at 4:45 p.m.
United Airlines Inc. did not discipline a pilot who posted sexually explicit images of a flight attendant online for nearly a decade, even after the woman reported the behavior to high-ranking officials, won several civil lawsuits and he pleaded guilty to an FBI investigation and served jail time, a U.S. Equal Employment Opportunity Commission lawsuit filed on Thursday alleges.
The EEOC's complaint, filed in San Antonio federal court, alleged pilot Mark Uhlenbrock posted sexually explicit images of a flight attendant, identified as Jane Doe, on pornographic websites, using her name, home airport and referencing the airline's tagline “Fly the Friendly Skies,” as an innuendo. The lawsuit alleged the airline allowed a hostile work environment to persist.
A United Airlines representative said in a statement: “We have reviewed the allegations in the complaint and disagree with Equal Employment Opportunity Commission's description of the situation. United does not tolerate sexual harassment in the workplace and will vigorously defend against this case.”
The docket did not identify a lawyer for the Chicago-based company.
Despite pleading guilty in 2016 to an FBI stalking charge for posting the photos, the pilot was not fired and allowed to retain full benefits and retirement, according to the EEOC. The complaint accused United Airlines of taking a “passive and ineffective approach” to prevent and stop the alleged harassment.
“Employers have an obligation to take steps to stop sexual harassment in the workplace when they learn it is occurring through cyber-bullying via the internet and social media,” said Philip Moss, a trial attorney in the EEOC's San Antonio field office, in a statement. “When employers fail to take action, they fail their workers and enable the harassment to continue.”
United Airlines is one of the largest companies the EEOC has sued for alleged sexual harassment amid the #MeToo movement. The agency, however, has not reported a spike in sexual harassment complaints since last fall, when the movement put a spotlight on workplace power imbalances between men and women.
According the EEOC lawsuit, the flight attendant worked for the airline since 1989. During a consensual relationship with Uhlenbrock from 2002 to 2006, she allowed him to take provocative pictures of her. He also took at least one picture without her permission, the EEOC said. Uhlenbrock allegedly posted photos to websites for “swingers” and other pornographic websites, over the next decade until at least 2016, the EEOC claimed.
These pictures included Jane Doe wearing her United uniform, the EEOC said, and several co-workers said they had seen the images. According to the complaint, one post instructed prospective airline passengers to “look for her when you fly!” because she was a “new reason to 'Fly the Friendly Skies.'”
Doe filed three civil lawsuits against Uhlenbrock in 2009 and 2010. He paid damages and a court ordered an injunction, yet he continued to post photos, according to the EEOC complaint.
The flight attendant said she complained to managers, the Human Resources Department and her attorney sent a letter to high-ranking officials after the pilot's behavior was not disciplined. A review of her complaint by human resources concluded that the conduct did not constitute sexual harassment, the EEOC said.
In 2015, Uhlenbrock was arrested and charged with stalking for his continual posting of nude images of Jane Doe without her knowledge. During the investigation, he admitted to posting the images. He was not fired during the investigation, the complaint alleges.
Uhlenbrock pleaded guilty to stalking in 2016 and was sentenced to 41 months in prison. The complaint alleged Uhlenbrock retired from United with full benefits.
The lawsuit seeks damages against United for alleged unlawful employment practices, and it asks a judge to order the company to “institute and carry out policies, practices and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.”
The complaint in EEOC v. United Airlines is posted below:
➤➤ Get employment law news and commentary straight to your in-box with Labor of Law, a new Law.com briefing. Learn more and sign up here.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHomegrown Texas Law Firms Expanded Outside the Lone Star State in 2024 As Out-of-State Firms Moved In
5 minute readHouston Appeals Court Split Over Race Discrimination Suit Involving COVID-19 Vaccine Distribution
4 minute readAn AI Danger to Minors: Two Texas Families Want to Shut Down Character.AI
4 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250