A former Delta Air Lines flight attendant has lost a legal bid to sue the airline over her alleged sexual assault by a pilot during a layover. Sara Caruso’s lawsuit detailed nine different counts against the Atlanta-based airline including sex discrimination, disability discrimination and retaliation but her claim was thrown out by a District Court judge last week,
Caruso claims a Delta First Officer sexually assaulted her during a routine overnight layover in Dallas, Texas, in August 2018, and that the way the airline dealt with her case resulted in constructive dismissal. She has already filed an appeal in the US Court of Appeals for the First Circuit.
During the layover, Caruso went out for dinner and drinks with the pilot and two other colleagues before returning to their layover home. Caruso can’t remember exactly what happened once they returned to the hotel but in testimony provided by the pilot, it is claimed she was “under the influence” of alcohol by this point.
Caruso and the pilot returned to her room where they engaged in various sexual acts before the pilot nipped back to his own room to grab a condom. When he returned to Caruso’s room, however, he allegedly found her sitting in the shower where she was physically sick.
The pilot claims that he helped Caruso to her bed before returning to his own room. He says that they never had sex.
The next day, Caruso failed to turn up for the shuttle to the airport on time and colleagues had to help her get dressed and get her on the bus. On arrival at the airport, a Delta manager administered a breathalyzer test on Caruso which she failed.
She deadheaded back to Boston where she is based and was placed on Delta’s Employee Assistance Program.
The same day, Caruso says she went to the Emergency Room where she underwent a sexual assault exam. She claims she immediately told Delta that the pilot had sexually assaulted her but the…