A U.S. Department of Labor judge ruled that Delta Air Lines discriminated against a pilot who raised safety concerns by calling into question her psychiatric health.
Pilot Karlene Petitt filed an Occupational Safety and Health Administration complaint against the airline in 2016.
Petitt said that, after she submitted a report to managers about safety issues, Delta grounded her and referred her for a psychiatric examination by a company doctor who then diagnosed her with bipolar disorder. She was later determined to not suffer from bipolar disorder and, nearly two years after being put on paid leave, returned to flying for Delta.
The case attracted attention when former Delta executive Steve Dickson, who oversaw pilots, was nominated to head of the Federal Aviation Administration last year. Dickson was confirmed by the U.S. Senate July 2019 to serve a five-year term as FAA administrator.
Petitt's case was heard last year by the Department of Labor's Office of Administrative Law Judges, which is the agency's arm that rules on whistleblower complaints, labor violations, discrimination and other issues.
Administrative law judge Scott Morris wrote in his Dec. 21 decision that the tribunal "finds less than credible Captain Dickson's deposition testimony ... as it found many of his responses evasive." Dickson said he could not recall any specific details about a conversation regarding Petitt and said that decisions were made by a subordinate.
Petitt has been a pilot for more than 40 years and has a doctorate in aviation safety. She raised issues to Delta about pilot fatigue, pilot training and its safety management system.
Morris wrote that Petitt was "unlawfully discriminated against in the form of a career defining Section 15 mental health evaluation" and that she successfully argued that it was discriminatory retaliation.