American Airlines Defeats Flight Attendant's Suit Claiming Facebook Harassment
U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania granted American's motion for summary judgment on plaintiff Melissa Chinery's claims.
August 27, 2018 at 02:17 PM
3 minute read
A federal judge has thrown out a case in which an American Airlines flight attendant claimed she was sexually harassed by her colleagues through a series of social media posts.
U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania granted American's motion for summary judgment on plaintiff Melissa Chinery's claims.
According to Robreno's opinion, Chinery ran for the presidency of the flight attendants' association on the platform of rejecting a contract with American. She lost.
Fellow flight attendants Paul Sears, Jim Brown, Victor Dunson and Dan Datzer posted on a Facebook group called “Wingnuts” and Chinery alleged the posts amounted to sexual harassment.
'“I just voted 'NO' to these clowns,'” Datzer wrote on the page, according to Robreno's opinion. “'it's your cunstitutional [sic] right to vote NO.'”
Dunson posted on Wingnuts, according to Robreno: “'this is war. Brian and [incumbent president] Kim [Kaswinkel] are my friends. If you f**k with my friends you f** with me and I don't like being f**ked with.'”
Chinery took this as a form of sexual harassment, alleging that Dunson would not have said the same to a male candidate.
Chinery filed a claim with American's human resources department and the U.S. Equal Employment Opportunity Commission but no action was taken. Later, Chinery was reported to have surreptitiously filmed American's vendor and was called into a two-hour meeting by American to discuss the matter.
In order to prevail on disparate treatment, Robreno said Chinery would have to prove she belongs to a protected class; she was qualified for her position; she was subject to an adverse employment action; and members of the opposite sex were treated better or that there was an inference of discrimination. For the retaliation claim, Chinery had to show she was engaged in a protected activity and suffered an adverse employment action for it.
“Chinery argues that after she was anonymously accused of violating American policy, she was required to participate in an approximately two-hour meeting after which she was cleared of wrongdoing and not disciplined in any way,” Robreno said. “This event is not serious enough to alter the terms of Chinery's employment, thus, it is not a qualifying adverse action.”
Robreno said Chinery's hostile work environment claim also failed.
“While there are a number of serious questions that are raised by Chinery's claims—including whether the alleged harassment over Facebook was due to her sex rather than her opinions regarding the union's collective bargaining agreement with American, and whether the harassment actually occurred in the work environment—it is clear that the alleged instances of harassment were not so objectively severe or pervasive to give rise to a cause of action,” Robreno said.
Daniel Farrington represents American and did not respond to a request for comment.
David Koller represents Chinery and said, “We just received the decision and have not had a chance to go over it yet with our clients so cannot comment much on it. We thought the situation presented an interesting and timely legal issue regarding social media policies in the workplace. But more important than that, we are obviously disappointed for our clients.”
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 AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
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