A federal appeals court has rejected a request for an en banc review in the case of a former Delta Air Lines flight attendant who alleges she was assaulted by a coworker and that Delta failed to adequately investigate her claims.

Background

In Caruso v. Delta Air Lines, Sara Caruso alleged that she had been drugged and sexually assaulted by a coworker while working for Delta as a flight attendant.

She filed suit under Title VII, which prohibits employment discrimination, and a state law, Massachusetts Chapter 151B, which addresses employment discrimination at the state level. Her claim focused on the inadequacy of Delta’s investigation into her allegations, arguing that the employer’s failure to properly respond contributed to a hostile work environment.

In a split decision in August 2024, a three-judge panel of the 1st U.S. Circuit Court of Appeals affirmed summary judgment in favor of Delta Air Lines, finding that the airline did not have prior knowledge of the alleged harassment and that the accused coworker was not in proximity to Caruso during or following the investigation. The majority concluded that these facts did not establish that Delta’s actions (or inactions) could have contributed to an ongoing hostile work environment.

The denial of en banc review

Following the panel’s decision, Caruso sought an en banc review — a request for the entire bench of active 1st Circuit judges to reconsider her case. This request was denied. A majority of the judges declined to hear the case, citing the lack of evidence that Delta knew about the harassment prior to the incident or that the accused coworker continued to work near Caruso after the investigation.

The court also addressed Caruso’s contention that the panel’s ruling suggested “reharassment” of a sexual assault victim was necessary to prove a hostile work environment claim. The court clarified that Caruso misread the majority opinion, which did not hold that subsequent harassment was a prerequisite to proving her case.

What it means

The decision to deny en banc review effectively upholds the earlier ruling in Delta’s favor, concluding that, based on the available evidence, Delta’s investigation was not negligent to the point of creating an ongoing hostile work environment. For employers, this ruling reinforces the importance of conducting thorough investigations and protecting employees from further risk when harassment allegations are brought forward.