Feb. 7--BOSTON -- A former Middleboro woman and flight attendant who accuses a co-pilot of raping her is suing Delta Air Lines in federal court for alleged employment discrimination and retaliation.
Sara Caruso filed a lawsuit in Suffolk County Superior Court on Dec. 30 stating that, in response to the alleged rape by a fellow Delta employee during an August 2018 trip to Texas, her employer took steps to interfere with her reporting of the incident to police and with her pursuit of treatment for the trauma she says she experienced.
According to the complaint, a nurse at the hospital who examined Caruso the day after the alleged incident told her that she believed she may have been drugged.
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The lawsuit, filed by Cambridge-based attorney Eric R. LeBlanc, claims Delta "responded in a manner that was wholly inappropriate and retaliatory."
Last week, Delta successfully filed a motion in U.S. District Court to move the case to federal court, contending that the lawsuit raises federal issues and exceeds the amount of requested monetary damages that should be determined in superior court.
Caruso, who is demanding a trial by jury, is suing Delta for $5 million she believes she is owed in damages, including compensation for emotional distress; compensatory damages, including lost wages and benefits and medical expenses; punitive damages; attorneys' fees; costs; and statutory interest.
Caruso, who lived in Middleboro at the time, was hired as a flight attendant by Delta in March 2016. The alleged incident took place following an Aug. 2, 2018 flight out of Boston Logan International Airport as part of a trip that was expected to last several days.
On the evening of Aug. 3, Caruso, two other female flight attendants and a male "first officer," also known as a co-pilot, visited several bars and restaurants in Dallas, Texas, the lawsuit states. The co-pilot, who is never identified by name in the lawsuit, purchased drinks for the three women, which Delta admits "based on information and belief," according to its response to the lawsuit, filed in court on Wednesday.
The group returned to the hotel they were staying at about 9 p.m. that night, the company admits.
The lawsuit states that Caruso recalls assisting another flight attendant, who was visibly intoxicated, to her room.
"Ms. Caruso recalls little, if anything, of the rest of the evening," the suit states.
Caruso said she awoke the following morning in a confused state wearing different clothing and torn nylons. She said her belongings had been rifled through, her cellphone was gone and cash was missing from her wallet.
"Ms. Caruso had no memory of what had taken place," the lawsuit states.
Caruso was due to report to the airport early the next morning. At the airport, Caruso was given a breathalyzer test and was told that she had tested over the limit. Caruso said she was surprised at the results because she didn't recall drinking after leaving the bar the previous night.
Delta removed Caruso from the flight because her blood alcohol level exceeded Department of Transportation and company limits. Caruso said she returned to Boston.
Later on Aug. 4, Caruso said she observed bruises were forming on her face, legs and hips. She went to a hospital to receive a sexual assault exam.
"The sexual assault nurse examiner indicated to plaintiff that she believed that Ms. Caruso may have been drugged, potentially in combination with alcohol, and raped," the lawsuit states.
The examiner noted that Caruso had spots in her eyes indicative of possible strangulation, the suit states. The exam found evidence of sexual intercourse, but Caruso said she never consented, it states.
Caruso said she was ordered by Delta to attend an out-of-state alcohol rehabilitation program despite contrary advice from the psychologist who examined her at the behest of Delta. The lawsuit claims the program was "ill-suited" to helping her process the trauma from the incident and limited her communication with the outside world, impeding her ability to report it to police in Dallas.
"Statements from the first officer have been not only inconsistent, but incriminating," the lawsuit states.
The co-pilot first reported that he and Caruso "decided to hang out and talk for a while" after returning to the hotel, then he returned to his room, the lawsuit states. But in another statement eight months later, the lawsuit alleges that the co-pilot admitted he was with Caruso in her hotel room and they "kissed and touched" and then agreed to consensual sexual intercourse. The man said he didn't initially believe Caruso was intoxicated, but returned to her hotel room after leaving for 15 to 20 minutes and believed she was "too intoxicated for sexual intercourse" so he helped her to her bed and left the room, the lawsuit states.
"Ms. Caruso has no recollection of the first officer being in her room at all," it states.
Caruso filed a complaint against Delta with the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission in December 2018. Her charge included claims of sexual harassment, sexual discrimination and retaliation under the Civil Rights Act.
Caruso said she developed PTSD due to the incident and asked Delta in January 2019 to provide "reasonable accommodations" to enable her to return to work. She also requested that Delta refrain from assigning her to work on the same flight as the co-pilot and from requiring her to stay in the same hotel as he did on overnight trips.
"After considerable delay, Delta ultimately decided to refrain from scheduling Ms. Caruso to work on the same flight as the first officer, her apparent rapist," the lawsuit states.
The lawsuit states that Caruso was told by Delta that if she and the co-pilot were scheduled to stay at the same hotel, she could stay at another hotel at her own expense. Delta denies the allegation in its response.
"Delta has failed to take reasonable steps to protect Ms. Caruso from her assailant, despite having sufficient information about the fact that she was raped and that the first officer was likely the perpetrator," the lawsuit states.
Caruso returned to work for the first time on June 2 last year. Three days later, she was scheduled for a two-day trip. During that trip, she spoke to another flight attendant, who told Caruso that "everybody" had heard the story about the intoxicated flight attendant. The other flight attendant told Caruso she knew that Caruso was that flight attendant.
"It was apparent that Delta had not respected Ms. Caruso's privacy with respect to the rape, and that the rape of Ms. Caruso had become the subject of gossip and innuendo," the lawsuit states.
Days later, Caruso was scheduled to again travel to Dallas and was assigned to spend the night at the same hotel where the alleged incident occurred. She said she experienced a panic attack while at Logan and was unable to work the flight.
Later in the month, Caruso said Delta confronted her about private Facebook messages she had sent to other flight attendants asking them to tell her if the co-pilot was in Massachusetts and warning them to stay away from him. She said she was taken off her scheduled flights because of the posts.
Caruso is no longer employed by Delta. According to the lawsuit, "Delta constructively discharged" her, meaning she resigned as a result of the alleged retaliation, lack of reasonable accommodations and discrimination she says she experienced.
Last July, Caruso filed a second complaint against the company with the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission, adding claims for retaliation, disability/handicap discrimination, sexual discrimination and aiding and abetting under the Americans with Disabilities Act.
In a statement, Delta said it would not publicly discuss its investigation into Caruso's claims of a sexual assault out of respect for her and the sensitive allegations raised in the lawsuit.
"In contrast to her claims of discrimination and harassment, which Delta denies, Delta treated Ms. Caruso fairly and with compassion," the statement says.
Caruso's attorney, LeBlanc, said he believes there is a criminal investigation underway in Texas related to the incident, but he did not know the status of it.
A spokeswoman for the Dallas Police Department said the department doesn't release details of sexual assaults.
Delta, in its response to the original lawsuit, filed in court last week, requested that the complaint be dismissed in its entirety.
Senior reporter Cody Shepard can be reached by email at [email protected]. You can follow him on Twitter at @cshepard_ENT.
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