Plaintiff Spotlight: Karlene Petitt

It’s now been sixth months since I stepped away from work to focus on healing following my four-year fight against workplace discrimination, harassment and retaliation. During this time my thoughts have often drifted towards how fortunate I am to have gotten to a place of closure, and within that time frame. Most people who experience workplace misconduct don’t get any closure because holding employers accountable is out of reach. For the few who pursue legal action the path is unpredictable, financially risky, and often much longer than most people realize. Unlike the rare multi-million dollar verdicts news outlets love to spotlight, the financial outcomes of holding employers legally accountable also rarely justify the fight.

Today I’d like to profile Delta Air pilot Karlene Petitt, who was retaliated against for reporting safety issues and who then spent six and a half years holding Delta accountable through legal action. I think it’s important more people are aware of stories like Petitt’s and that they understand her path to accountability isn’t a one-off: pursuing legal action following workplace misconduct so often is an all consuming act that involves years of your life.

As The Seattle Times recently reported in two articles titled “Delta Air settles with pilot who raised safety concerns” and “Delta ‘weaponized’ mental health rules against a pilot,” Petitt’s harrowing battle started when she gave Delta executives a report in which she raised safety concerns such as pilots flying when fatigued and gaps in Delta’s pilot training. Keep in mind Petitt has a doctorate in aviation safety from Embry-Riddle Aeronautical University and her report followed Delta’s then-CEO asking employees to speak up if they were aware of safety issues.

Instead of showing appreciation for her volunteer efforts and taking appropriate action, Delta instead spent $74,000 in hiring a psychiatrist and forcing Petitt to undergo a psychiatric exam under a process called “Section 15” which allows airlines to evaluate pilots to make sure they are mentally fit to fly. Not surprisingly, this handsomely paid psychiatrist diagnosed Petitt with bipolar disorder with the justification that Petitt must be manic because her accomplishments are, “well beyond what any woman I’ve ever met could do.” As is common in situations of retaliation, Petitt’s many great accomplishments — raising three children, earning a doctorate and two master’s degrees, writing a series of books, and working as a pilot — were used in crafting a discrediting (and blatantly sexist) narrative.

On Christmas Eve Delta cruelly shared the diagnosis which came with Petitt losing her pilot’s license and decades-long career.

Pettit filed a legal complaint and was vindicated in the end, with the psychiatrist who diagnosed her eventually forfeiting his medical license, her pilot’s license being reinstated, and her receiving a $500,000 settlement amount that included additional compensation to cover her years of legal fees. Delta also had to rehire her, paying her the highest wages of any Delta first officer.

While it might feel like Pettit received a lot of money via her settlement, keep in mind she couldn’t work for over six years as she navigated the legal process, which included Delta appealing verdicts in her favor. Had she been working all those years Petitt likely would have made more money than she recouped, but regardless I hope the financial outcome and favorable settlement is what Petitt needed to heal from Delta’s misconduct.

Petitt is a true hero, and it’s important to celebrate wins like hers. It’s also important to recognize that for every story like Petitt’s there are countless others involving people who don’t have access to the massive resources and time it takes to entertain holding their employers legally accountable following illegal workplace misconduct. While I’ve outlined some opportunities for opening the path to accountability that emerged from my own experiences, I’m no expert and we need broader discourse on the topic. Workplace misconduct ends only when the legal playing field becomes more approachable, equitable, and the outcomes that follow a legal victory justify the fight.

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This post was previously published on medium.com.

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