113 F.4th 56
1st Cir.2024Background
- Sara Caruso, a Delta Air Lines flight attendant, failed a breathalyzer test after a Dallas layover in August 2018 and was suspended.
- Caruso alleges she was drugged and sexually assaulted by Delta First Officer James Lucas that night; Dallas Police ultimately found insufficient evidence for criminal charges.
- Caruso completed an alcohol rehabilitation program, sought return-to-work accommodations for PTSD, and negotiated some with Delta, but later resigned.
- She sued Delta under Title VII, the ADA, and Massachusetts ch. 151B, alleging sex discrimination, disability discrimination, and retaliation.
- The district court granted summary judgment to Delta on all claims; Caruso appealed to the First Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sex discrimination (Title VII/151B) | Delta is liable for coworker Lucas’s alleged assault due to negligent investigation & lack of remedial action | No Delta negligence: reasonable investigation, no causal connection to harassment | No employer liability; no causal link and a reasonable investigation; summary judgment for Delta |
| Disability discrimination (ADA/151B) | Delta denied reasonable PTSD accommodations, forced Caruso to resign | Caruso did not cooperate in good faith in the interactive process | Caruso failed to participate in good faith; summary judgment for Delta |
| Retaliation | Delta retaliated for protected activity by delaying accommodations and removing her from flights | No adverse action connected to protected conduct, and Caruso failed to raise arguments timely | Claims waived or not developed; summary judgment for Delta |
| Investigation Adequacy | Delta’s investigation was inadequate and deferred to Lucas, precluding summary judgment | Investigation involved all witnesses, relied on police findings, and was reasonable | Investigation reasonable as a matter of law under both Title VII and ch. 151B |
Key Cases Cited
- Noviello v. City of Boston, 398 F.3d 76 (1st Cir. 2005) (employer only liable for coworker harassment if employer was negligent after notice)
- Forsythe v. Wayfair Inc., 27 F.4th 67 (1st Cir. 2022) (reasonableness of employer investigation is central to liability for harassment)
- Ponte v. Steelcase Inc., 741 F.3d 310 (1st Cir. 2014) (elements of hostile work environment claim under Title VII)
- Crowley v. L.L. Bean, Inc., 303 F.3d 387 (1st Cir. 2002) (employer liability for coworker harassment requires prompt, reasonable action)
- College-Town, Div. of Interco, Inc. v. Mass. Comm'n Against Discrimination, 508 N.E.2d 587 (Mass. 1987) (state standard for employer liability for coworker harassment)
- Mod. Cont'l/Obayashi v. Mass. Comm'n Against Discrimination, 833 N.E.2d 1130 (Mass. 2005) (reasonableness of employer's remedial action under ch. 151B)