En fæl historie om Delta Airlines og kneblingen av en varsler - Curt Lewia

 

DELTA ORDERED TO PAY “BIPOLAR” PILOT $500,000 IN RECORD SETTING WHISTLEBLOWER CASE By Roger Rapoport FSI Senior Editor She may have been stuck on the ground in Sydney, Australia, after her flight home was cancelled Monday, but Delta Airbus 350 international first officer Dr. Karlene Petitt wasn’t complaining.   The veteran Seattle pilot, grounded for 21 months due to a disputed Delta hired psychiatrist’s “bipolar” diagnosis, won $500,000 in compensatory damages for the “severe emotional toll placed on” her “well being,” a pay raise, back vacation pay and reimbursement of her legal fees. These compensatory damages quintupled the previous record under the federal aviation whistleblower statue.  The appellate tribunal’s decision concludes Dr. Pettit’s lengthy Department of Labor OSHA AIR 21 whistleblower case. It found that the airline retaliated after she questioned Delta’s compliance with FAA required safety procedures. The six-figure award was accompanied by sharp criticism of Delta and Steve Dickson, a former vice-president who became FAA Administrator in July 2019. Dickson is back in the news for green lighting the controversial ungrounding of the troubled Boeing 737 MAX which resumes flying in America next week. Speaking for the tribunal in Cherry Hill, New Jersey, Administrative Law Judge Scott Morris wrote: “It is improper for [Delta] to weaponize this process for the purposes of obtaining blind compliance by its pilots due to fear that [Delta] can ruin their career by such cavalier use of this tool of last resort.” From Australia Dr. Pettit voiced her “excitement that justice is finally served. The timing could not have been more appropriate.” The Embry-Riddle Aeronautical University PhD’s troubles began after she submitted a 43-page research report to Delta Vice President of Flight Steve Dickson in January 2016,  She voiced concerns about the airline’s failure to abide by the FAA’s Safety Management Systems requirements in six areas. After reviewing her report Delta vice-president of Flying Operations Jim Graham consulted with legal counsel. He subsequently ordered Dr. Petitt to report to Illinois psychiatrist Dr. David Altman for a six-hour examination that cost the airline $73,000. In his deposition Dr. Altman testified that his “bipolar” diagnosis was influenced by Dr. Petitt’s remarkable multitasking thirty years earlier. He said her ability to work, attend night school, help her husband with his business and be an effective nursing mom with three children was “well beyond what any woman I’ve ever met could do.”  “Altman’s diagnosis was subsequently rejected by both the Mayo Clinic and a third “tie-breaker” psychiatrist,” says attorney Seham. “However the process dragged out over 21 months during which her very career hung in balance.” In the tribunal ruling Judge Morris zeroed in on the second opinion of the Mayo Clinic’s Dr. Lawrence Steinkraus: “This has been a puzzle for our group – the evidence does not support presence of a psychiatric diagnosis but does support an organizational/corporate effort to remove this pilot from the rolls. ... years ago in the military, it was not unusual for female pilots and air crew to be the target for such an effort.’  The tribunal also concluded Captain Dickson’s deposition was “less than credible … as it found many of his responses evasive ... His testimony was of value in understanding the leadership culture at [Delta] and its understanding (or lack thereof) of [Delta’s] management’s role in its safety management program. His emails make it clear that” Delta’s “much touted ‘open door policy’ was not as opened as portrayed.” “What I find both stupefying and worrisome is that, in all this time,” said Seham, “is that Delta has never apologized to Dr. Petitt – even after Dr. Altman’s diagnosis was discredited. It’s worrisome because those responsible for this injustice remain in positions of authority. Safety reporting has to be cultivated, not suppressed.” The OSHA tribunal said it was “struck by the injury the Complainant suffered and will likely continue to suffer for the remainder of her career.” “First there is the sheer length of time she was unable to fly” for Delta.  “There was the cruelty of receiving Dr. Altman’s (2016) findings on Christmas Eve wherein she was summarily notified that her flying career was potentially over.” “There is permanent damage to her reputation within the aviation community regardless of this Tribunal’s ruling. This includes medical records that will forever be in her FAA medical file and can create special reporting requirements to the FAA.” “And then there is the respondent’s actions of reporting complainant’s medical results to the FAA.” “Complainant is correct to point out that she will be subject to flight line gossip and there will be a lingering question of her true flying abilities.”  “Then there is the Respondent’s actions of reporting Complainant’s medical results to the FAA, in direct violation of its contract …. after she had been cleared by the Mayo Clinic panel of psychologists and psychiatrists, but before conclusion of the Section 15 process ….” In addition to the $500,000 damage award, Delta was ordered to compensate Dr. Petitt at a wage “no lower than the highest salary provided for any other either” Delta “first officer,” reinstate her vacation days or pay her $52,522 for loss of her vacations and reimburse her for litigation costs and attorney fees.  The airline was also ordered to deliver an electronic copy of the decision directly to all of its pilots and managers in its flight operations department. Delta is required to “prominently post copies of the decision at every location where it posts other notices to employees related to employment law for a period of 60 days.”  Judge Morris wrote “that publication of this decision would serve as a deterrent to not only those involved in the retaliatory acts concerning this case, but would also serve to deter others that might consider contemplating similar actions in the future. Deterrence of the wrongdoer and those that know of the conduct committed by the wrongdoer has long been deemed a proper factor when imposing a remedy for misconduct.” This is not the first time Dickson’s role in the Dr. Petitt case has come under fire at the federal level. Senate Commerce Science and Transportation Committee ranking member Maria Cantwell (D-WA) alleged a key conflict of interest ignored in the 2019 FAA administrator vetting process at the White House and the Department of Transportation. During the July 2019 hearing she said: “Mr. Dickson described the decision to refer First Officer Petitt for a compulsory mental health examination as ‘sound.’ In the course of following up on First Officer Petitt’s allegations, Mr. Dickson has... repeatedly sought to minimize his role in this extremely troubling episode. However, the written record... contradicts the picture Mr. Dickson has sought to paint of minimal involvement. “Given the urgent need for stronger safety culture and transparency throughout the FAA, these incidents do not paint the picture of the type of leadership that we need. Mr. Dickson’s oversight of these matters raises serious questions about his leadership, and therefore I will not support his nomination. It’s very clear that Mr. Dickson … was involved with this pilot, did know what was happening and failed to disclose it to this committee. We certainly can’t have organizations threaten pilots with this kind of retaliation.”  Voting against Dickson, she added, “will help us create an environment where whistleblowers will be listened to.” Her view was seconded by “Miracle on The Hudson” Captain Chesley Sullenberger: “This nominee while a senior executive at Delta Air Lines either caused or allowed a whistleblower with validated safety concerns to be retaliated against. Especially now with the safety of the 737 MAX under review, it is critically important that we have an FAA Administrator who will act with integrity and independence to protect everyone who flies. I strongly oppose his nomination.” The Republican dominated committee advanced Dickson’s nomination to the Senate July 10, 2019, on a straight 14-12 party line vote. He was spared a contentious floor debate later that month thanks to cloture invoked by a Delta Political Action Committee favorite Senator Mitch McConnell. Dickson was confirmed by a party line full Senate vote of 52-40. Seven Democrats campaigning for the Presidency were absent from the roll call.  Editor’s Note: Here is a link to the complete OSHA decision. The conclusion begins on page 101.  https://www.ssmplaw.com/wp-content/uploads/2020/12/PETITT_v_DELTA_DECISION.pdf Senior Editor Roger Rapoport is the coauthor of the new book GROUNDED: HOW TO SOLVE THE AVIATION CRISIS with Captain Shem Malmquist (Lexographic Press) and the producer of the award winning feature film Pilot Error.

(Photo courtesy: Christine Negroni) (Karleen Petitt is a pilot at Delta Air Lines) Delta Retaliated Against Pilot By Sending Her to Shrink – Judge Rules By: Christine Negroni Delta Air Lines and its top executives, including the present FAA Administrator Steve Dickson, retaliated against a pilot when it sent her for psychiatric evaluation after she complained of safety issues at the airline, a judge has ruled. Judge Scott Morris ruled that Delta “engaged in an adverse employment action with discriminatory intent,” when it sent Karlene Petitt to Dr. David Altman, a company-appointed doctor who determined she was bipolar. Had that been true, it would have been a career-ending diagnosis. But Petitt, 58, was not bipolar, as two other doctors later determined. Nevertheless, the ordeal kept her out of the cockpit for nearly two years and delivered a non-stop emotional battering. Many female pilots were horrified that Dr. Altman described Petitt’s ability to attend school, help with her husband’s business and care for her three young children, as signs of mania. (Earlier this year Dr. Altman surrendered to Illinois authorities, his license to practice medicine, due in part to his handling of Petitt’s case. Read more here.) Petitt’s whistleblower suit was an attempt to restore what had been for 40 years a sterling reputation as an aviatrix and get some acknowledgment from Delta that she had been misused. She may be successful at the former, but despite what the judge found to be an overwhelming amount of evidence, including that Delta used its contract psychiatrist as a tool to achieve a management objective, Delta has never apologized to Petitt. “Someone owes this woman an apology,” said Lee Seham, Petitt’s lawyer. “but there’s no contrition. It’s not only morally wrong, it’s unsafe.” Seham’s safety concerns are not lawyer hyperbole. Because Petitt, whose PhD dissertation was on aviation safety culture, claimed she was pushed by Delta into this medical, legal and professional rabbit hole in an attempt to silence her because she brought safety violations to her bosses, including Dickson, who President Trump made administrator last year. Stephen Dickson But when Dickson was still Delta’s senior vice president for flight operations and Petitt told him and others about her concerns, Petitt said Dickson dismissed her with the quip, “If there was a better way, we’d already be doing it.” In his ruling, Judge Morris accused Delta of “weaponizing” its right to order pilots to undergo psychiatric examination, suggesting Delta used it to obtain “blind compliance by its pilots”. The likely outcome Morris suggests is that other pilots will fear speaking out knowing Delta could similarly ruin their careers. At Delta, spokesman Morgan Durrant said, “All Delta people are encouraged and empowered to report potential concerns,” adding that the airline has “zero tolerance for retaliation in any form, especially regarding safety concerns.” Durrant hinted that the airline may appeal the decision. While the ruling should make for some happy holidays for the now vindicated Petitt, Delta should not be surprised to find the coal Judge Morris has deposited in its stocking. Eighteen months ago, Judge Morris issued a warning that the two sides ought to sit down and come to some understanding. But it was clear he was directing the advice to Delta. You must decide if “you want all this laundry out there,” Judge Morris told the parties on the last day of the trial, adding that Petitt had to run a “gauntlet” to get her job back and it wasn’t pretty. Delta stuck by its position and now faces a half-million-dollar award to Petitt. But perhaps the larger cost to Delta is reputational. For in his ruling, Judge Morris ordered the airline to send to every pilot at Delta and every manager in flight operations a copy of the decision in which he found that what Petitt said about Delta was true. Christine Negroni Author of The New York Times bestseller, The Crash Detectives, I am also a journalist, public speaker and broadcaster specializing in aviation and travel.