Ratfield v. Delta Air Lines, Inc.

686 F.Supp.3d 780

Andrea RATFIELD, Plaintiff, v. DELTA AIR LINES, INC., Defendant.

Case No. 22-cv-2212 (KMM/DLM)

United States District Court, D. Minnesota

Signed August 11, 2023

Alexander M. White, Pro Hac Vice, Robert J. Valli, Pro Hac Vice, Sara Kane, Pro Hac Vice, Valli Kane & Vagnini LLP, Garden City, NY, Jay D. Ellwanger, Pro Hac Vice, Ellwanger Henderson LLLP, Austin, TX, Matthew H. Morgan, Nichols Kaster PLLP, Minneapolis, MN, for Plaintiff.

Benjamin A. Stone, Pro Hac Vice, Thomas Munger, Pro Hac Vice, Munger & Stone, LLP, Atlanta, GA, Ryan E. Mick, Theresa M. Bevilacqua, Dorsey & Whitney LLP, Mpls, MN, for Defendant.

ORDER

Katherine Menendez, United States District Judge

Plaintiff Andrea Ratfield has been a pilot for Defendant Delta Air Lines, Inc. since 2007. Throughout her career, she complained of sexual harassment to Delta but claims her complaints went unaddressed. After voluntarily entering and completing a rehabilitation program for unrelated reasons, Ms. Ratfield tested positive on a random alcohol test. She maintains that it was a false positive and she tested negative on various subsequent tests—yet Delta would not accept her secondary tests despite accepting them for male pilots in similar situations. Ms. Ratfield further alleges that Delta retaliated against her for her complaints of sexual harassment and gender discrimination by subjecting her to unnecessary medical treatment, attempting to terminate her, and demoting her from Captain to First Officer. She sued Delta for violating Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act ("MHRA"), Minn. Stat. § 363A. Delta moved to dismiss her complaint on the grounds that her claims were preempted by both the Federal Aviation Act ("FAA"), 49 U.S.C. §§ 1301-1552, and the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq., and also on the grounds that she failed to state a claim for discrimination, retaliation, and sexual harassment. For the reasons that follow, the Court grants Delta's Motion to Dismiss in part.

I. BACKGROUND

Regulating Pilots with Substance Abuse Issues

Through enacting the FAA in 1958, Congress created the Federal Aviation Administration ("the Agency") and authorized it to promulgate regulations governing civil aviation safety. The Agency is directed to "promote safe flight of civil aircraft" by enacting "regulations and minimum standards in the interest of safety." 49 U.S.C. § 44701(a). The Agency oversees pilot certification and issues medical certificates enabling pilots to fly planes. See 49 U.S.C. §§ 44702, 44703(a); 14 C.F.R. part 67 (medical standards and certification for pilots). A commercial airline pilot must obtain a First Class Medical Certificate ("FCMC"). See 14 C.F.R. §§ 61.23(a), 67.101-.115, 61.23(a)(1). One of the requirements of obtaining an FCMC is that a pilot must not have an "established medical history or clinical diagnosis" of substance abuse within the last two years. Id. at §§ 67.107(a)(4), (b).

However, the Agency can issue a Special Issuance FCMC to a pilot with a diagnosed substance abuse issue if "there is established clinical evidence . . . of recovery." Id. at § 67.401(a). An independent Aviation Medical Examiner approved by the Agency is trained to oversee pilots operating under a Special Issuance license. [Def. Mem. 4, Dkt. No. 42.] A Special Issuance FCMC may be conditioned "on the results of subsequent medical tests, examinations or evaluations." Id. at § 67.401(d)(2). Commercial airlines and the Agency have developed an occupational substance abuse program, the Human Intervention and Motivation Study program, for pilots with substance abuse issues, and participation in the program is often a condition of obtaining a Special Issuance FCMC. [Def. Mem. 4.]

Delta and its pilots' union negotiated a collective bargaining agreement ("CBA") that governs the terms and conditions of employment for Delta pilots. The CBA incorporates Delta's Substance Abuse Policy by reference. [See CBA at 27, Ex. 1, Dkt. No. 43-1.] Delta's Substance Abuse Policy provides that a pilot may be required to undergo a substance abuse evaluation through either self-referral (a "volunteer" pilot), or through company identification (a "non-volunteer" pilot). [Substance Abuse Policy ("SAP") at 41, Ex. 3, Dkt. No. 43-3.] If the pilot is diagnosed with substance abuse, they must complete treatment at a mutually agreed upon treatment center. [Id.] Initial treatment usually lasts five weeks and occurs at Talbot Recovery Campus in Georgia, but a different facility may be used if Delta and the union agree that another placement is warranted by the circumstances. [Id.] Should a pilot need additional treatment, it typically occurs for ten to twelve weeks at the Metro Atlanta Recovery Residence, also in Georgia. [Id.]

Delta's Substance Abuse Policy incorporates a "Contract A" and a "Contract B." [See SAP at 39.] As relevant here, pilots who volunteer for substance abuse evaluation and treatment will be offered a "Contract A," which allows them to return to flying, with monitoring, after completing an initial treatment program. [Id. at 42.] Contract A requires "total abstinence" as a "permanent condition." [Contract A, Ex. 4, Dkt. No. 43-4.]

If a pilot "uses" alcohol or drugs while on a Contract A, they will be considered having relapsed and usually will have to sign a "Contract B" or "last chance agreement". [SAP at 42; Def. Mem. 5.] If a volunteer pilot relapses only one time with alcohol, they "will not be suspended or terminated." [SAP at 43.] But if they are on a Contract B and violate a term of that contract, that results in permanent termination. [SAP at 43.] Delta's Substance Abuse Policy also provides that "the provisions of Contract A or B may be modified in individual cases" when "unusual circumstances" are present. [SAP at 44.]

Ms. Ratfield's Employment

Ms. Ratfield has been a pilot since 2003, and Delta hired her in 2007. [First. Am. Compl. ("Compl.") ¶¶ 31-33, Dkt. No. 26.] She is based out of the Minneapolis-St. Paul International Airport. [Def. Mem. 1.] The terms and conditions of her employment are set by the CBA between Delta and the union. [Id.] As a Delta pilot, Ms. Ratfield is subject to the FAA and its implementing regulations, including those governing pilot qualifications and medical certificates authorizing commercial pilots to fly. [Id.]

Ms. Ratfield has been involved with advocating for gender equality in the aviation industry throughout her career. She founded Female Aviators Sticking Together, a non-profit support network for the female pilot community that also provides scholarships for women interested in becoming pilots. [Compl. ¶ 29.] Ms. Ratfield also assisted in drafting Delta's first-ever maternity and nursing policies for pilots. [Id.] And she helped create a Pilot Family Matters Committee for the union to help address sexual harassment and other similar issues she claims are unaddressed by Delta. [Id.]

Alleged Harassment

Ms. Ratfield's complaint details extensive sexual harassment she experienced while working as a pilot for Delta, starting with when she was hired. For instance, a doctored photograph of her circulated at new pilot training in 2007, depicting a training manager fantasizing about her. [Id. ¶ 38.] She reported this to Delta but claims no action was taken. [Id.] And then, when the list of new Delta pilots was sent out after training, her name was circled with the word "actress" and a tongue drawn next to it. [Id. ¶ 39.] During international flight training that same year, a superior repeatedly called her and showed up at her hotel room in the middle of the night to request that she get a drink with him. [Id. ¶ 40.] When she declined his requests, this supervisor allegedly demeaned her in the flight deck the next day and made a false report about her performance. [Id.] She reported this to Delta but again claims no action was taken. [Id.]

In 2011, Delta did not have policies for pilots who needed to nurse while working, so Ms. Ratfield had to pump breast milk on breaks in the flight deck. [Id. ¶ 43.] One captain who she flew with, who later became a direct supervisor, bragged to other captains about seeing her breasts while she was pumping. [Id. ¶ 43.] Also in 2011, a captain called her a "princess" and stated that he did not like that she looked so "girly" in her uniform. [Id. ¶ 45.] She reported the incident, but Delta did not take any action. [Id. ¶ 45.] Around this time, a Delta captain informed Ms. Ratfield that Delta pilots in New York City were speaking about her in a sexual manner. She complained about this to her manager but claims it was never addressed. [Id. ¶ 42.]

Then, during a layover in 2015, another pilot told her that she needed a "nipple" to finish her drink, came up behind her and groped her breasts, and exclaimed that he found her nipples. [Id. ¶ 46.] She reported this incident, but no action was taken. [Id.] The next year, in 2016, several male captains discussed the fit of her uniform pants, with her supervisor using the offensive sexual term "camel toe" to describe the fit. [Id. ¶ 47.]

On many occasions Ms. Ratfield complained to Delta about the alleged harassment (and later discrimination and retaliation) that she experienced. She reported instances in July 2007, 2008, March 2010, July 2011, August 2015, throughout 2016 and 2017, March 2018, January 2020, February 2020, March 2020, and January 2021. [Id. ¶¶ 40, 41, 42, 45, 46, 54; Pl. Opp'n 25.] Some superiors agreed with her. Captain Jim Dwyer sent her an article about sexual harassment in June 2017 and acknowledged that he thought she was being subjected to it. [Compl. ¶ 52.] And after complaining to First Officer Crystal Barrois about the harassment, the First Officer "agreed" with her complaints and said that she, too, was "personally sick" of the sexually hostile work environment fostered by Delta. [Id. ¶ 54.] Yet Ms. Ratfield alleges that Delta's management...