A New York sexual harassment case bears similarities to the NaviSite case.
The female flight attendant charged that in 1998, a fellow attendant had raped her while their flight crew was staying over in Rome after a flight from New York City. Two other flight attendants had made similar allegations to Delta regarding the same man, whose attorney told the Times that his client denies all the charges. The appeals court ruled Dec. 21 that Delta was potentially liable for maintaining a hostile work environment because it had not addressed those previous complaints in any manner.
"The court has extended employer responsibility further than it has ever been extended before," Delta lawyer Gilmore Diekmann Jr. told the Times. "It sets a precedent for any company whose employees are known by the company to go out and socialize on a regular basis." As a result of the ruling, Diekmann said, "companies with traveling sales forces might have to police whether one employee sexually assaulted another while on the road."
The three-judge panel sent the case back to federal district court. Delta's attorneys are asking for a rehearing by the full appeals court.